Australia - JS, 32 y.o. man, charged w/ murder of 9 y.o. girl , Mt Wilson, 13 January 2022 #2

[Marg944]

Court case has just appeared on NSW Court List....

18 Mar 9:30 am R v JS Criminal Local Court Brief Status (Committal)

 

[Kemug]

C looks to have been such a lovely little girl, and beginning to look like the lovely young woman she should have become. When I think of how her grandparents loved her so much, and were obviously doing a brilliant job of raising her, guiding her, and carefully preparing her for her adult life - and then for the poor child to be just blotted out by a selfish evil moron, and for what? I just weep.

 

[deugirtni]

The Daily Telegraph has the headline as "CM's dad raising funds to sue for wrongful death"

The ******** page also revealed Mr H was planning to launch legal action in future, saying the donations would also be used to fund “excellent legal representation” for a wrongful death legal claim.

C M’s biological father creates ******** appeal for service | Daily Telegraph

There was/is another one set up by someone purportedly on behalf of the grandmother. It was created Jan 18, 2022. It is still open, even though the updates state it would be closed on Feb 15, 2022.

 

[Warshawski]

I wonder what tomorrow morning’s court session will reveal.

the ‘new’ committal system: Changes to Committal Proceedings (NSW) - Go To Court

Case conferencing
Prior to a case conference occurring, a magistrate must explain the committal process to the accused. The magistrate must also explain the sentencing discount scheme to the accused, so that they understand the benefits of pleading guilty.

If the accused is represented, the defence and prosecution must hold a case conference after the charge certificate has been filed. The proceedings will be adjourned for a period of eight weeks to allow for this to occur.

If the accused is unrepresented or pleads guilty to the charges before a case conference is held, a case conference is not required. A case conference is not required if the accused’s fitness to be tried is at issue.

Does anyone think JS will plead guilty ?

 

[katydid23]

I wonder what tomorrow morning’s court session will reveal.

the ‘new’ committal system: Changes to Committal Proceedings (NSW) - Go To Court

Case conferencing
Prior to a case conference occurring, a magistrate must explain the committal process to the accused. The magistrate must also explain the sentencing discount scheme to the accused, so that they understand the benefits of pleading guilty.

If the accused is represented, the defence and prosecution must hold a case conference after the charge certificate has been filed. The proceedings will be adjourned for a period of eight weeks to allow for this to occur.

If the accused is unrepresented or pleads guilty to the charges before a case conference is held, a case conference is not required. A case conference is not required if the accused’s fitness to be tried is at issue.

Does anyone think JS will plead guilty ?

I doubt he will plead guilty. I think it is more likely he will try to blame someone else. JMO

 

[brissygirl2019]

I doubt he will plead guilty. I think it is more likely he will try to blame someone else. JMO

That's my guess to, IMO there is no way he's taking the blame for this. He's never going to admit to anything

 

[MissUnderstood]

I doubt he will plead guilty. I think it is more likely he will try to blame someone else. JMO

I think there is too much evidence against him but he will plead not guilty and implicate one or more people as being involved. No way he will want to go down alone! Moo

 

[Awakening]

Looks like he didn't enter a plea and got another charge for breaching his parole?

JS accused of killing CM in court facing new charge | Daily Mail Online

 

[SouthAussie]

This link says that the committal hearing was adjourned for 9 weeks.

And that JS will be appearing, separately, in 6 weeks for the breach of parole charge.
The warrant for the breach of parole charge was applied for on 31st January, but they only just served him with the warrant on 16th March.

Also, JS did not appear today - either in person or by video link.

Stepfather of CM hit with fresh charge after breaching drug-related parole

 

[SouthAussie]

I wonder how JS allegedly breached parole.

Is being charged for murder (or anything) a breach of parole? There is no conviction/outcome for that yet, so I think he is presumed innocent unless found guilty in the eyes of the law, at the moment.

(I'm not finding a definitive answer.)

Parole conditions
Parole in NSW

 

[Sillybilly]

I wonder how JS allegedly breached parole.

Is being charged for murder (or anything) a breach of parole? There is no conviction/outcome for that yet, so I think he is presumed innocent unless found guilty in the eyes of the law, at the moment.

(I'm not finding a definitive answer.)

Parole conditions
Parole in NSW

Dunno for sure SA, but this legal firm firm says:

Any parole violation may lead to a warning, increased restrictions, or revocation of your parole, sending you back to jail. Some of the most common parole violations include:

• Arrest for a new crime
• Breaking curfew
• Failing to report to your parole officer
• Failing a drug test
• Traveling without permission
• Hanging around with other convicted felons who you were ordered to avoid
• Failing to find work after getting out of prison

And from another site about criminal defense:

Parole Violations and Revocations
If a condition of parole is legitimate, its violation by a parolee can result in the parolee being sent back to prison (parole revocation) to serve all or some of the balance of his original sentence. First, however, the parolee must be given notice of the claimed violation, a preliminary hearing to determine whether there is probable cause to believe a violation has occurred, and a final hearing before the parole board (sometimes the two hearings are held as one).

The parole violation hearing differs markedly from a trial, in that the prosecution need not prove "beyond a reasonable doubt" that the claimed violations occurred. In fact, if the basis for the revocation is a new offense, and the offense has not been charged or even when the parolee has been acquitted of the charge, the board may still consider the incident as a basis for revocation.

 

[purpleandgreen]

Lawyer for man accused of CM murder says 'somebody else possibly involved'

Lawyer for man accused of CM murder says 'somebody else possibly involved'

 

[Jay_Tec]

I've got a feeling 'breach of parole' was invoked by some other matter that arose incidentally.
Such as failing to check in with parole officer or going to a known drug house or even a petty incident.
The purpose of invoking breach of parole could be to ensure JS can be detained whilst the prosecution works on the case.

 

[Jay_Tec]

Is a .22 calibre firearm the only kind of 'small calibre' firearm there is?
I don't know a heck of a lot about this calibre subject.

Only I have never seen the actual calibre mentioned ... only that DS Doherty said it was a small calibre firearm.
He didn't say if it was a handgun or a rifle.

I watched a movie recently 'Murder On the Nile'. In it, a murder victim was shot dead at point blank range (pressed to the temple) with a .22 calibre hand gun.

I know nothing about firearms but imagine the movie researchers do. I guess it's maybe old fashioned? but anyhow it killed the fictional character.

 

[Webbie2021]

Lawyer for man accused of CM murder says 'somebody else possibly involved'

I think it's standard procedure to deflect blame off the suspect by suggesting someone else may have either committed the crime or participated in the crime, especially when LE have said publicly they don't think anyone else is involved.

The prosecution really just has to persuade the jury that there's reasonable doubt. They don't even have to name another person, let alone prove their involvement.

Personally I think the prosecution will have a pretty tight case, but then I thought that about the Casey Anthony trial.

 

[Liadan]

Hanging in there for Justice for C! What a rat bag of characters her caretakers (apart from her gma) were! Disgusting! Shine bright little one!

 

[Warshawski]

I wonder how JS allegedly breached parole.

Is being charged for murder (or anything) a breach of parole? There is no conviction/outcome for that yet, so I think he is presumed innocent unless found guilty in the eyes of the law, at the moment.

(I'm not finding a definitive answer.)

Parole conditions
Parole in NSW

I found a couple of things interesting in the 2nd link you supplied SA:

A parolee may be prohibited from associating or communicating with particular people – often a co-accused, complainant or prosecution witnesses – or from visiting a particular place or district

and

If a criminal charge has been brought, the Authority may not take any action until the case is finalised in court, and unless the person pleads guilty or is found guilty. Under section 21A of the Crimes (Sentencing Procedure) Act 1991, committing an offence while on ‘conditional liberty’ is also an ‘aggravating factor’ which can make the sentence harsher.

So on that basis, I’m wondering if his breach was in respect of his association with ‘old mate’ from where he was arrested (wonder if he had similar conditions ?)
OR
If it’s true that JS’s ran his operation from Wildenstein, perhaps he wasn’t permitted to be there .
OR
Maybe he tested positive to something illicit
OR
Maybe he wasn’t permitted to cavort with another drugs related convict

Who would know what goes on !

 

[JudgeJudi]

JS was on parole for drug-related offences when he was charged with CM’s murder. Prosecutors revealed he had recently been charged with breaching his parole, which he was serving after a 2016 drug supply conviction, as a result of his murder charge.

Court documents state the Commonwealth Director of Public Prosecutions applied for an arrest warrant for the breach of parole charge on January 31 at the Downing Centre Local Court. The warrant was executed on March 16, as JS remained on remand at Silverwater prison.

Details of his revoked parole will be dealt with at Central Local Court in 6 weeks.

The murder committal hearing was adjourned to 20 May.

https://www.news.com.au/national/ns...y/news-story/2ef3be2e449c55d8caff4e499a967056

 

[JudgeJudi]

JS plans to plead not guilty to murdering CM, his lawyer says, as police continue to hunt for the alleged murder weapon.

CM’s alleged killer to remain behind bars

 

[Warshawski]

JS plans to plead not guilty to murdering CM, his lawyer says, as police continue to hunt for the alleged murder weapon.

CM’s alleged killer to remain behind bars

I didn’t initially find that plea as any real surprise - imo, most go down this track, irrespective of their Guilt.

Hoping we’ve some colleagues here with qualifications in the Legal system since I have none - my closest was Jury Duty call, with the Charged pleading guilty at very last minute!

My thoughts are that the ‘not guilty’ plea would buy a heap more Free time for a guilty party - but that doesn’t wash is JS case as he’s already incarcerated.

Thoughts ?