Australia Australia - Two Female Backpackers attacked at Salt Creek, SA, 9 Feb 2016

[MsAnais]

Man, what is taking so long? I thought it seemed really clear cut......

 

[JudgeJudi]

Sean Fewster @SeanFewster · 8s

SA law allows for juries to go home provided there's good reason to separate them. It's at the judge's discretion how good that reason is.

 

[JudgeJudi]

Sean Fewster @SeanFewster · 1m

The "bodies in the barrels" serial killings case - though colleagues tell me I'm incorrect and it was 16 days. I believe them.

 

[JudgeJudi]

Sean Fewster @SeanFewster · 6m

SA law allows for juries to go home provided there's good reason to separate them. It's at the judge's discretion how good that reason is.

The "bodies in the barrels" serial killings case - though colleagues tell me I'm incorrect and it was 16 days. I believe them.

[The above response was referring to an earlier tweet which I chose to ignore:

The shortest jury deliberation I can remember, during my career, is 90 minutes. The longest? 11 days.]

 

[JudgeJudi]

Sorry peeps, my PC is freezing occasionally.

 

[JudgeJudi]

Man, what is taking so long? I thought it seemed really clear cut......

It was absolutely clear cut to me too. As the potential sentence could be very high, I suppose we should give them credit for taking the matter very seriously. But still ...

 

[JudgeJudi]

Sean Fewster @SeanFewster · 4m

Things to keep in mind: for a majority verdict in this state, you must have 10 jurors in agreement.

That "legal majority" doesn't change just because we're a juror down in #SaltCreek. It still has to be 10-1 if it's not unanimous.

 

[MsAnais]

It was absolutely clear cut to me too. As the potential sentence could be very high, I suppose we should give them credit for taking the matter very seriously. But still ...

BBM

You're right. Thank you for your voice of reason!!

I have no patience with this case....between RH and the defence, the whole thing sickens me.....I want to see justice done lease:

 

[JudgeJudi]

BBM

You're right. Thank you for your voice of reason!!

I have no patience with this case....between RH and the defence, the whole thing sickens me.....I want to see justice done lease:

It's so nerve-wracking. I was rather hoping the jury foreman declined the offer of dinner.

O/T I notice you're following the CSK matter and you've had some wonderful posts there Anais. I've been trying so hard to catch up but there's always another thread. That's a truly fascinating case. I'm too afraid to look to see how much I'm behind.

 

[JudgeJudi]

Sean Fewster @SeanFewster · 4m
The #SaltCreek jury has another question, regarding the legal concept of intent to commit an offence. Again, counts 1 and 4.

They wanted to know when, in attempted murder and kidnapping, an accused must have formed the intent in order to have committed a crime.

Justice Kelly answers: when the Brazilian was allegedly tied up, and when the German was allegedly hit with the hammer.

She asks the jury to now take five minutes to consider whether they want to continue to deliberate tonight, or go home and resume tomorrow.

 

[JudgeJudi]

Sean Fewster @SeanFewster · 26s

BREAKING: #SaltCreek jury will retire for today. They will resume deliberations from 9.30am tomorrow. There'll be no verdict tonight.

 

[JudgeJudi]

That was a great reply from the Judge. The jurors were probably concerned that he may have needed the intent quite some time prior. Intent (mens rea) can be formed in a matter of moments.

 

[DRT]

It's so nerve-wracking. I was rather hoping the jury foreman declined the offer of dinner.

O/T I notice you're following the CSK matter and you've had some wonderful posts there Anais. I've been trying so hard to catch up but there's always another thread. That's a truly fascinating case. I'm too afraid to look to see how much I'm behind.

JJ I too have been following CSK and it was only that CSK was a bit slow that I came onto this thread just before the start of the trial. I actually thought it was about the more recent case of a tourist rape until I saw the dates on the newspaper articles. This one the name and picture are secret in CSK name and picture are public but everything else is a secret.

The plea may or may not be on 29th but nothing may happen at that stage so you probably have time to read.

Thanks for posting too it's been fantastic and greatly appreciated.

 

[tlorik]

Why so many questions? Was the direction to the jurors unclear or just so many charges to consider?

Sent from my P01M using Tapatalk

 

[DRT]

I was looking back to see if I could find anything with the order of the charges in case this drags on LOL. The following was the only thing I could find with the charges listed.
http://www.news.com.au/national/sou...t/news-story/e3abb14f1650cdcc415c867868e83b01

From the article:
The man, 60, whose identity is suppressed, has pleaded not guilty to one count each of:
AGGRAVATED kidnapping; Count 1
INDECENT assault;
CAUSING harm with intent to do so;
ATTEMPTED murder; Count 4
AGGRAVATED causing serious harm with intent to do so;
ENDANGERING life; and
AGGRAVATED assault.

Does anyone know if this is the order of the charges?
Summing up the questions heard from JJ's copying of @SeanFewster
Counts 1 and 4
"They wanted to know when, in attempted murder and kidnapping, an accused must have formed the intent in order to have committed a crime.

Justice Kelly answers: when the Brazilian was allegedly tied up, and when the German was allegedly hit with the hammer."

I did wonder about the charge of kidnapping thinking it was about the car ride but that makes perfect sense.

The #SaltCreek jury's question was about count 7, the man's alleged attack upon the German as she clung to the roof of the 4WD.

In her evidence, she claimed he was trying to get her off the roof - so she responded by trying to "kick in his face".
--

I did wonder about the charge of kidnapping thinking it was about the car ride but that makes perfect sense.

 

[JudgeJudi]

Someone sent a tweet to Sean Fewster:

"Are you able to say if suppression orders will be lifted on guilty verdicts?"


Sean Fewster @SeanFewster · 4h4 hours ago

Unfortunately, I can't comment on the #SaltCreek suppressions in any way whatsoever, including answering your question.

 

[JudgeJudi]

I'm still confused about the kidnapping charge because the girls willingly accepted a lift with RH. It would seem that it relates to something else. I'll look into it a bit further and report back

 

[aequitas]

I'm still confused about the kidnapping charge because the girls willingly accepted a lift with RH. It would seem that it relates to something else. I'll look into it a bit further and report back

doesn't the kidnapping start at the point Brazilian is tied up and, in case of the German, when she is hit in the head with a hammer as she tries to flee.

 

[DRT]

doesn't the kidnapping start at the point Brazilian is tied up and, in case of the German, when she is hit in the head with a hammer as she tries to flee.

Kidnapping BBM

Attempted Murder is of the German.

Yes it does. I had to copy things myself to work out the questions. Still trying to work out what the questions were where the answers were NO! LOL
Port Augusta you have a bye. You will not get table choice.

 

[tlorik]

doesn't the kidnapping start at the point Brazilian is tied up and, in case of the German, when she is hit in the head with a hammer as she tries to flee.

very possibly. i looked up the legal definition and it says the unlawful seizing or carrying away of another person. It also says unlawful restraint. It also says in some cases, it's hard to define. It can vary by jurisdiction. Not really helpful, right? :scared: