Allison Baden-Clay, GENERAL CASE DISCUSSION THREAD -#31

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Committal hearing

The magistrate's role is to decide if there is sufficient evidence on which a jury could convict to send the defendant to trial in the District Court or Supreme Court.

•the prosecutor will present the case against the defendant and call witnesses to obtain their evidence
•the defence lawyer or defendant may cross-examine these witnesses
•the magistrate may invite submissions
•after hearing all the evidence the magistrate will decide if there is sufficient evidence to put the defendant on trial
•if satisfied the magistrate will charge the defendant
•the magistrate will warn the defendant and then ask the defendant if they want to say anything in answer to the charge or enter a plea
•if they plead not guilty, the defendant is committed for trial in the District Court or Supreme Court
•if they plead guilty, the defendant is committed for sentencing( http://www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court/sentencing )
•if there is not enough evidence the magistrate will dismiss the case

http://www.justice.qld.gov.au/justi...-in-court/magistrates-court/committal-hearing
 
http://www.news.com.au/a-senior-jud.../story-e6freoof-1226024292401?from=public_rss

They mention having more than one mention for the Singh case. And pre-trial hearings.

At a mention hearing in the Supreme Court in Brisbane yesterday, barrister Sam Di Carlo, for Mr Sica, indicated there could be as many as six or seven pre-trial hearings about various legal and admissibility of evidence issues.

And

He said it could be possible to appoint an overseeing judge as early as the next mention hearing of Mr Sica's trial.

Justice Martin set another mention date of April 8, which would allow Mr Campbell and Mr Di Carlo to have further talks.
 
Strangeworld said:
Re Max Sica sentencing:
"Pursuant to s.305(2) of the Criminal Code, it is ordered that you must not be
released from imprisonment until you have served a minimum of 35 years
imprisonment, unless released sooner under exceptional circumstances parole under
the Corrective Services Act 2006."
http://archive.sclqld.org.au/qjudgment/2012/QSC12-184.pdf

I wonder what exceptional circumstances are?

I've tried searching in the Correctives Services Act 2006 but can't find any examples or definitions of this. Certainly shows there is no certainty in legal decisions - there are sometimes loopholes or opportunities to override a judgement or decision.
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CorServA06.pdf
Click to expand...

This is the section of the Corrective Services Act which governs the granting of exceptional circumstances parole -

CORRECTIVE SERVICES ACT 2006 - SECT 192
192 Parole board not bound by sentencing court's recommendation or parole eligibility date
When deciding whether to grant a parole order, a parole board is not bound by the recommendation of the sentencing court or the parole eligibility date fixed by the court under the Penalties and Sentences Act 1992, part 9, division 3 if the board—

(a) receives information about the prisoner that was not before the court at the time of sentencing; and
Example—
a psychologist's report obtained during the prisoner's period of imprisonment
(b) after considering the information, considers that the prisoner is not suitable for parole at the time recommended or fixed by the court.



So, if the prisoner was suffering a terminal illness, say 8 years into a life sentence (20yrs), and only had a few months to live, then it is likely that this type of parole would be granted.
 
marlywings said:
Committal hearing

The magistrate's role is to decide if there is sufficient evidence on which a jury could convict to send the defendant to trial in the District Court or Supreme Court.

•the prosecutor will present the case against the defendant and call witnesses to obtain their evidence
•the defence lawyer or defendant may cross-examine these witnesses
•the magistrate may invite submissions
•after hearing all the evidence the magistrate will decide if there is sufficient evidence to put the defendant on trial
•if satisfied the magistrate will charge the defendant
•the magistrate will warn the defendant and then ask the defendant if they want to say anything in answer to the charge or enter a plea
•if they plead not guilty, the defendant is committed for trial in the District Court or Supreme Court
•if they plead guilty, the defendant is committed for sentencing( http://www.justice.qld.gov.au/justice-services/courts-and-tribunals/going-to-court/sentencing )
•if there is not enough evidence the magistrate will dismiss the case

http://www.justice.qld.gov.au/justi...-in-court/magistrates-court/committal-hearing
Click to expand...

But the mention hearing isn't the committal hearing?

Edit - just saw your previous post about the mention hearing - ta!
 
Nads said:
http://www.news.com.au/a-senior-jud.../story-e6freoof-1226024292401?from=public_rss

They mention having more than one mention for the Singh case. And pre-trial hearings.

At a mention hearing in the Supreme Court in Brisbane yesterday, barrister Sam Di Carlo, for Mr Sica, indicated there could be as many as six or seven pre-trial hearings about various legal and admissibility of evidence issues.

And

He said it could be possible to appoint an overseeing judge as early as the next mention hearing of Mr Sica's trial.

Justice Martin set another mention date of April 8, which would allow Mr Campbell and Mr Di Carlo to have further talks.
Click to expand...

Not 100% sure but from memory he kept stuffing around with lawyers or something along those lines. I think he was arrested in Dec 2008.
 
LauraMars said:
There is a log book alicat, but you have to find the cache to get the log book and it doesn't sound the easiest thing to get to. It must be over the water somehow, as one person warned not to fall in with the bullsharks eek

Sounds like a great fun activity though I think, I love stuff like that. My partner mentioned it years ago, but we never got around to sussing it out further. If I suggested we start now, and he realised the small connection with this case, he would so roll his eyes at me! lol
Click to expand...

The mention of geocaching piqued my interest and we have started looking for some. We were amazed how many are around everywhere. Good way to keep your mind and eyes open all around you, not to mention learning some other skills like use of gps and compass etc. I bought the geocaching.com app for $10 or so and the free intro one is also good.
 
marlywings said:
The first mention date

The defendant’s first day in court is called the ‘mention’ date, which they must not miss.

There are no witnesses at the first mention and the magistrate makes all decisions based on the information presented.

What happens
The first mention may proceed as follows:

•when the magistrate is ready, the depositions clerk calls the defendant into the courtroom
•the deposition clerk will call ‘all rise’ as the magistrate enters and sits at the bench
•the prosecutor then stands and reads out the charges against the defendant
•the magistrate asks the defendant ‘how do you plead, guilty or not guilty?’ and the defence lawyer (or the defendant) will stand and respond

http://www.justice.qld.gov.au/justi...ourt/magistrates-court/the-first-mention-date
Click to expand...

It doesn't really say whether they present any evidence at that hearing?
 
Strangeworld said:
He was charged with arson offences - was in the news articles from today.

"At the time of the murders in 2003, Sica was on parole after pleading guilty to charges as a 19-year-old, including arson, of burning down the Ashgrove police station and attempting to torch a second station. Yesterday's verdict brings to a close one of Australia's longest-running criminal investigations, involving hundreds of police."
http://www.theaustralian.com.au/new...killer-convicted/story-e6frg6nf-1226416179987
Click to expand...

I believe that he also has outstanding rape charges against him. See below:-

Posted April 9, 2010 13:43:00
Map: Brisbane 4000 Brisbane man Massimo "Max" Sica has been indicted on 20 child sex charges in the District Court.

The charges include one count of maintaining a sexual relationship with a girl under 16 years, two counts of rape, six counts of unlawful carnal knowledge with a child and nine counts of indecent dealing with a child.

It is alleged the girl was aged between 9 and 13 at the time of the offences, between 2004 and 2008.

The matter has been adjourned until May 10 in the Brisbane District Court.

- ABC/AAP
 
Nads said:
Mention. Has anyone been to a mention?
Click to expand...

I've sat in on probably fifty or so over the last few years, not very exciting but every so often something pops up that is worth taking note of.

Usually they go for only a minute or two. The accused is asked their name and the charge will be read to the court. The Magistrate will then remand them until their next court date which could be a plea or a committal, depending if the court is ready to proceed.

Don't expect anything to happen on the 9th.
 
Curiousasacat said:
I don't have time to read through all of this at the moment but from what I did read looks interesting IMO.

Happy Sleuthing. Bye for now.

http://australianpropertyforum.com/topic/8384567/1/

Heading(article is from Feb 2011) - Who can you trust? Michelle Hele, Elizabeth Brier-Mills, Ben Markwell, Gerard Baden-Clay?; Don't trust real estate professionals!

"Now the question to be asked here - did Michelle Hele know that Ben Markwell was a real estate agent, and if so, why didn't she bother to disclose it in the article? Given her buffoonish handling of the stats, I'm not convinced she would have been sharp enough to google Ben's name before writing the article. The web then becomes a little more twisted, as the Managing Director of Century 21 Westside, Gerard Baden-Clay, makes an appearance, trying to back the claim that first home buyers are returning to the market.

Wading through this nonsense is becoming common place and those involved have either become more retarded, or just completely arrogant. The journalists involved are contemptible, but a few hundred thousand in Brisbane probably swallowed this one whole.

Not that anyone should get overly excited about the antics of Century 21, you might recall their harbinger of death for the US property market..."

http://tasmanianrealestatetrouble.blogspot.com.au/2011/02/yes-we-are-open.html
Click to expand...

If you read the comments under the article in this link (above)......on responder says....(note date)

"Bullion BaronFebruary 6, 2011 9:30 PM
What I found interesting was the young age of the whole real estate team he works for:

http://img211.imageshack.us/img211/6383/agents.jpg

It's like any experienced agents have just walked out to leave the newbs to fend for themselves. Those with more experience probably understand what's coming..."

And do click on the image link (but please don't be disparaging of these young, and possibly misled young men - they are all probably very disillusioned now).
 
CaseClosed said:
I wish the CM would do a bit more investigating ... like, has GBC's defence lodged an appeal against the denial of bail? ... or, what is TM up to, i.e. still hiding in the Blue Mountains? ... or is OW back in her home in Townsville? ... who are the other alleged mistresses? etc. etc.
Click to expand...

I agree! So many questions and NO answers. It's been so quiet for too long. It's very frustrating. I can't imagine how the Dickies must be feeling.
 
marlywings said:
Hmmm...now that C21 link which mentioned the geocache appears to be working!!...

Is it working for anyone else??

http://century-21-real-estate.com/2012/02/17/geocaching-what-are-the-different-types-of-caches/
Click to expand...

As promised I've been searching for the origin of the geocache discussion.

Below is the first mention still on the site. The preceeding post that led to the post below appears to have been removed. Though, I can't imagine why.

Originally Posted by willough
Oh my.....Freaky indeed. Imagine, if Allison was the cache to be found.

Not quite what i meant, lol... I think if i am interpreting this comment correctly, we might have our canoeist?!?!
IMO only. DarkShadow I think.

This is post #348 on Thread #17

The discussion continues on from this further into the thread.
 
Everyone, I have removed the post that suggested we all speculate, "minus GBC".

Plus all the other posts that quoted it.

It is too easy to stray into a conversation that deteriorates far too fast!!!

Thanks for understanding.

~Summer_Breeze
 
summer_breeze said:
Everyone, I have removed the post that suggested we all speculate, "minus GBC".

Plus all the other posts that quoted it.

It is too easy to stray into a conversation that deteriorates far too fast!!!

Thanks for understanding.

~Summer_Breeze
Click to expand...

Oops! Sorry. Wasn't sure it was ok, but did think it was interesting to look from another point of view.
 
Having watched Hamish and Andy on TV tonight I wish to point out there is no truth in the rumour that Doc Watson and I are really Hamish and Andy in cognito.
 
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