AUS - Khandalyce Kiara Pearce (Wynarka) and mum Karlie Pearce-Stevenson (Belanglo) #5

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
Slightly OT, but it is obvious from this case and others before it that the genie is well and truly out of the bottle with regards to trial by social media. IMO, the laws are going to have to be changed to suit this century.

I have always been against prior knowledge of a violent offender's other crimes not being admissible in court, to ensure they get a fair trial. What about the victims in all of this?

I would like to see comparable crimes allowed to be known by a jury. IMO, it is this law that can allow hardened criminals to continually commit crime against people, and continually get a slap on the wrist. The Jill Meagher case springs to mind.

There should be something in place whereby if an offender re-offends up to an arbitrary time period (5 yrs?, 10yrs?) after a similar offence, i.e a violent offence against another person, that offence should be well and truly considered when he/she comes before the court.

I believe that if you choose to commit acts of violence, which could include rape, murder, kidnapping, armed robbery etc, then you need to be judged on your "merits".

I believe the thinking that says every body is innocent until proven guilty should only go so far, and should not be extended to violent offenders - if they are bad enough to do it in the first place, then they have to be bad enough to wear that badge when getting judged on future crimes.

If the powers that be brought in something that addressed this, then it would cover a lot of the social media debacle regarding subjudice as well. The genie is never going back in.

Will probably never happen, thanks to the do-gooders bleating about invasion of privacy, they will say these people have done their time and deserve a second chance.

Well here is their second chance - don't do anything bad to anyone else for another ten years and that record won't follow you into the court room. Can't be fairer than that.
 
In light of the appeal by police to not comment on social media, I wonder if this will change the way they release information in the future? I think his comment, while necessary in general, is perhaps more targeted towards particular people? Police can not be ignorant to the fact many people 'sleuth' people's social media pages in many crimes or newsworthy stories. It's the modern day equivalent of driving past a crime scene. I can see that police will just stop naming people they are questioning or investigating in the future to prevent the public 'sleuthing' them and potentially tainting their investigations.

In saying that, sometimes the named people themselves don't help the situation. I was reading about a young person who held a party that went out of control and her own social media comments contradicted what she said on the television interview. She didn't help her situation at all, especially considering police are now considering laying charges.
 
Slightly OT, but it is obvious from this case and others before it that the genie is well and truly out of the bottle with regards to trial by social media. IMO, the laws are going to have to be changed to suit this century.

I have always been against prior knowledge of a violent offender's other crimes not being admissible in court, to ensure they get a fair trial. What about the victims in all of this?

I would like to see comparable crimes allowed to be known by a jury. IMO, it is this law that can allow hardened criminals to continually commit crime against people, and continually get a slap on the wrist. The Jill Meagher case springs to mind.

There should be something in place whereby if an offender re-offends up to an arbitrary time period (5 yrs?, 10yrs?) after a similar offence, i.e a violent offence against another person, that offence should be well and truly considered when he/she comes before the court.

I believe that if you choose to commit acts of violence, which could include rape, murder, kidnapping, armed robbery etc, then you need to be judged on your "merits".

I believe the thinking that says every body is innocent until proven guilty should only go so far, and should not be extended to violent offenders - if they are bad enough to do it in the first place, then they have to be bad enough to wear that badge when getting judged on future crimes.

If the powers that be brought in something that addressed this, then it would cover a lot of the social media debacle regarding subjudice as well. The genie is never going back in.

Will probably never happen, thanks to the do-gooders bleating about invasion of privacy, they will say these people have done their time and deserve a second chance.

Well here is their second chance - don't do anything bad to anyone else for another ten years and that record won't follow you into the court room. Can't be fairer than that.

I understand why you have this view but it presupposes that a person who has previously committed a particular type of offence, eg rape, is guilty of the offence for which they have been charged but not yet convicted or acquitted. That would result in a legal system that presumed that a person with a past conviction was guilty unless proven innocent, the French standard of proof, which I hope would never be adopted in Australia. However, I do like the Scottish criminal law position where a person can be found guilty, innocent, or not proven, and if it is not proven, then they are liable for retrial. Here a finding of innocent (leaving aside appeals) generally means you will never be retried for that offence.
 
Slightly OT, but it is obvious from this case and others before it that the genie is well and truly out of the bottle with regards to trial by social media. IMO, the laws are going to have to be changed to suit this century.

I have always been against prior knowledge of a violent offender's other crimes not being admissible in court, to ensure they get a fair trial. What about the victims in all of this?

I would like to see comparable crimes allowed to be known by a jury. IMO, it is this law that can allow hardened criminals to continually commit crime against people, and continually get a slap on the wrist. The Jill Meagher case springs to mind.

There should be something in place whereby if an offender re-offends up to an arbitrary time period (5 yrs?, 10yrs?) after a similar offence, i.e a violent offence against another person, that offence should be well and truly considered when he/she comes before the court.

I believe that if you choose to commit acts of violence, which could include rape, murder, kidnapping, armed robbery etc, then you need to be judged on your "merits".

I believe the thinking that says every body is innocent until proven guilty should only go so far, and should not be extended to violent offenders - if they are bad enough to do it in the first place, then they have to be bad enough to wear that badge when getting judged on future crimes.

If the powers that be brought in something that addressed this, then it would cover a lot of the social media debacle regarding subjudice as well. The genie is never going back in.

Will probably never happen, thanks to the do-gooders bleating about invasion of privacy, they will say these people have done their time and deserve a second chance.

Well here is their second chance - don't do anything bad to anyone else for another ten years and that record won't follow you into the court room. Can't be fairer than that.

I agree, I also think priors SHOULD be taken into consideration and I don't care what the law says. I think people are intelligent enough to view evidence to see if someone is actually guilty based on what can be proven in court whilst also knowing something about their character and past deeds. There is no policing information in the digital age, so I think the laws have to grow up a bit, and jurors should be given more credit.
 
Surely Rather then put the kids in the limelight and media circus the better option would be for HP to drive herself to the police station for any questioning ?

Or the police transport HP for interviews.
Wasn't she taken from the police station in the back of an unmarked car last week?
 
<Modsnip> - but the person in the picture that everyone is wondering about is NOT Karlie. How do I know? Because in other photos taken during the event, <Modsnip>

It's not Karlie.

Please post a link to the photos you mentioned.
 
I understand why you have this view but it presupposes that a person who has previously committed a particular type of offence, eg rape, is guilty of the offence for which they have been charged but not yet convicted or acquitted.

I should have said that only if they have been found guilty of the past offence. You could still utilise a presumption of innocence for the new crime as a starting point, and the burden of proof & evidentiary factors etc would stand as it is now, but I do think past transgressions should be in the mix as well.
 
Although I don't think it's relevant, but just to clear up any further discussion on the matter, <Modsnip>
http://indaily.com.au/news/national/2015/10/30/khandalyce-investigation-rapidly-evolving/

Thank you and no, it's not relevant to this case at all.

ETA: The faces of everyone in that image, except for Khandalyce, are blurred out so they can't be identified. The object of that photo was to show Khandalyce, not the others included in the pic. They are off limits here.
 
Reposting this again. Original post #471.

MOD ALERT: This thread is for Karlie and Khandalyce. It is not about the children of HP, DH or the children of anyone else. These children are also victims in this case.

What don't people understand about this alert?

I've had to snip and also remove various posts since this original alert was posted last night. Those posts are now under review by Admin.
 
Reposting this again. Original post #471.

MOD ALERT: This thread is for Karlie and Khandalyce. It is not about the children of HP, DH or the children of anyone else. These children are also victims in this case.

What don't people understand about this alert?

I've had to snip and also remove various posts since this original alert was posted last night. Those posts are now under review by Admin.

To answer your question, Makara : God only knows!! It's not difficult to get the message; even I, a very elderly woman, get it! Some people just don't either read, care or think!
 
I was hoping for some developments today. Actually, I'm sure there are; just that we haven't heard about them yet. Sending positive energy to all LE involved.
 
Is it ok to post a link to an MSM article that talks about DH's priors? the article is dated 31st Oct, so after his arrest.
 
Is it ok to post a link to an MSM article that talks about DH's priors? the article is dated 31st Oct, so after his arrest.
I believe due to sub judice its to be out of bounds and not to be discussed on WS

Sent from my SM-G920I using Tapatalk
 
Is it ok to post a link to an MSM article that talks about DH's priors? the article is dated 31st Oct, so after his arrest.

:banghead: In a word NO! There is a warning on page one of this thread about this. Please read it.
 
<Modsnip> - but the person in the picture that everyone is wondering about is NOT Karlie. How do I know? Because in other photos taken during the event, <Modsnip>

It's not Karlie.

nevermind
 
Makara just wanted to say thanks for all your work to keep this thread open . Even though it must get really frustrating at times

Sent from my SM-G920I using Tapatalk
 
Makara just wanted to say thanks for all your work to keep this thread open . Even though it must get really frustrating at times

Ditto to that. From what I have seen Makara does a superb job at keeping it together. For the life of me I can't work out why so many people are getting it wrong. I fully intend to keep a closer eye and hit the report button if I see any - I like this place simply because there is no conjecture, no tall tales, no rumours, fictions or innuendo.

Protection is in place for those who need it, and though some may not like it, that is the way it is, and there are plenty of other places you can go online if you do not like the rules here. It really is that simple.

There are also plenty of theories, which for the most part isn't a bad thing, IMO, but none of the other crap you get in some forums and on social media, which I abhor with a passion anyway. FB was the beginning of the end of the internet spirit, AFAIAC. Just saying :)

Keep up the good work Markara and other mods and admin.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
196
Guests online
2,466
Total visitors
2,662

Forum statistics

Threads
599,702
Messages
18,098,385
Members
230,906
Latest member
oh_silly_me
Back
Top