Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #11

[Cliff Hardy]

Vic does have the “no body, no parole” law.

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“Law on trial: how the 'no body no parole' laws work around Australia​

This law only applies to offenders convicted in NSW, Queensland, Western Australia, South Australia, Victoria, and the Northern Territory. Because these are the jurisdictions where the ‘no body no parole’ legislation currently operates. There are no provisions specifically addressing the concept of ‘no body, no parole’ in Tasmania or the ACT, however, it may still be a consideration in the parole process.”

Law on trial: how the 'no body no parole' laws work around Australia

This law only applies to offenders convicted in NSW, Queensland, Western Australia, South Australia, Victoria, and the Northern...

www.northerndailyleader.com.au

That is interesting because I have heard some supposedly learned people say, even recently, that that is not the case. One of them, if I remember correctly, was Tim Watson Munro and he usually knows his stuff.

It may be worth checking the Northern Daily Leader's reference on their claim.

Just read that Victoria have a “no body, no parole” law but NOT a “no body, no release” law.

 

[jjleroche]

CCTV implies to me a static camera , on a pole somewhere.... not as I originally thought of him filming himself with his phone or a hat camera thingy... this sounds like some camera work from someone's gateway, or even a camera set up by the Friends of the Forest in a hidden tree branch, to capture animal behaviour., which, if that is the case, it surely did.

IMO these are all strong possibilities. I think Vicpol probably have video and possibly audio footage from several different sources leading up to the murder, the murder, and after the murder.

A lot depends on how much planning (if any) had been undertaken by PS prior to the murder - also how "switched on" he was at the time, ie whether he was still recovering from his bender the previous evening, or was he quite clear-headed.
IMO he was probably aware (even if still a bit brain-fuzzy from the bender) of the static CCTV's with cameras on a pole.
He may not however, have given a thought to (usually) portable cameras used to monitor fauna activity (either community -based, such as Friends of the Forest or for research purposes. The latter can be very well-hidden - even camouflaged.
I'm also wondering if CCTV inside a building (eg PS's father's workshop) may be included in the cache of eviidence.

JM

 

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[Scooby-Doo]

The accused's barrister is Moya O'Brien, who Paul Galbally has joined O'Brien defence law department as a partner

 

[Marg944]

That is interesting because I have heard some supposedly learned people say, even recently, that that is not the case. One of them, if I remember correctly, was Tim Watson Munro and he usually knows his stuff.

It may be worth checking the Northern Daily Leader's reference on their claim.

Just read that Victoria have a “no body, no parole” law but NOT a “no body, no release” law.

The “no body, no parole” law IS enforced in Victoria. I have found the relevant legislation below.

https://content.legislation.vic.gov.au/sites/default/files/2022-04/86-117aa159%20authorised.pdf

 

[Whatson]

In the artist sketch from todays appearance, the accused appears to have "packed on the pounds" in a short matter of time. In the face at least. Must be well fed when on remand.

 

[Cliff Hardy]

The “no body, no parole” law IS enforced in Victoria. I have found the relevant legislation below.

View attachment 523174

https://content.legislation.vic.gov.au/sites/default/files/2022-04/86-117aa159%20authorised.pdf

Correct.

My understanding though is that Victoria have a “no body, no parole” law but NOT a “no body, no release” law.

Conversely, NSW have a “no body, no parole” law AND a “no body, no release” law.

https://www.heraldsun.com.au/news/victoria/samantha-murphy-case-reignites-calls-to-change-no-body-no-parole-law/news-story/472f89fcf885c3a19f38522a9da8b9f0

from that article :

Advocates for the families of homicide victims have renewed calls for tougher laws for killers who refuse to lead police to their victims’ bodies. They say Victoria’s “no body, no parole” laws should be strengthened to “no body, no release”.

 

[Marg944]

Cliff, I can only think that legislation that I quoted would be more precise than a newspaper article. I can’t read your article, as it is paywalled.

 

[Cliff Hardy]

Cliff, I can only think that legislation that I quoted would be more precise than a newspaper article. I can’t read your article, as it is paywalled.

I think the distinction is, in Victoria, body or no body, once you have served your full sentence you get released.

In NSW on the other hand, it is no body no release.

But it's a discussion in search of the truth, not an argument. So feel free to correct me if I am wrong (anybody)...

 

[Karin1974]

M

murdering her in front of a camera would explain why they’re so confident he’s their guy

IMO - It’s really the only way I can see them charging him with murder in the first place. With no body, I can’t think of any other way you could be confident enough unless there is cctv of what happened?

 

[Karin1974]

One of Mr Stephenson's lawyers, Moya O'Brien, said his defence team was yet to receive the CCTV footage and would need time to review it.

She requested at least a 12-week adjournment, a move also supported by the prosecution.

Court hearings for man accused of murdering Samantha Murphy delayed due to 'huge' evidence brief

An "unprecedented" amount of evidence is causing delays in court for the matter of Patrick Orren Stephenson, accused of murdering Ballarat woman Samantha Murphy.

www.abc.net.au

Interesting, if pleading not guilty, not sure how he’s going to explain cctv evidence?

 

[Cliff Hardy]

Interesting, if pleading not guilty, not sure how he’s going to explain cctv evidence?

Depending on what it shows of course. If he is caught in the act on CCTV, he will be paddling a barbwire canoe.

 

[Trooper]

Interesting, if pleading not guilty, not sure how he’s going to explain cctv evidence?

He has not instructed his barrister to make any plea, as yet. He does not have to do that, even down the track. If he refuses to make a plea, the usual process is the judge makes his plea for him. When the judge does it, it's always ''not guilty'. He can change that at any time during the ensuing trial.

 

[Scooby-Doo]

Depending on what it shows of course. If he is caught in the act on CCTV, he will be paddling a barbwire canoe.

And of course If anyone else is seen with him

 

[Dotta]

"Samantha Murphy's alleged killer looks completely different after months behind bars.

It is understood the alleged killer has been held in protective custody, where he would be allocated a mere hour to exercise each day.

Dressed in a white T-shirt, it appeared that Stephenson has been using his spare time
to lift weights."

Samantha Murphy's alleged killer looks completely different

The man accused of killing Ballarat mum Samantha Murphy has made an incredible change to his appearance.

www-dailymail-co-uk.cdn.ampproject.org

 

[BreakingNews]

That is interesting because I have heard some supposedly learned people say, even recently, that that is not the case. One of them, if I remember correctly, was Tim Watson Munro and he usually knows his stuff.

It may be worth checking the Northern Daily Leader's reference on their claim.

Just read that Victoria have a “no body, no parole” law but NOT a “no body, no release” law.

There was talk of Victoria upgrading their "no body, no parole" law, but not sure what it was being upgraded to. It was discussed several months ago.

 

[Cliff Hardy]

"Samantha Murphy's alleged killer looks completely different after months behind bars.

It is understood the alleged killer has been held in protective custody, where he would be allocated a mere hour to exercise each day.

Dressed in a white T-shirt, it appeared that Stephenson has been using his spare time
to lift weights."

View attachment 523190

Samantha Murphy's alleged killer looks completely different

The man accused of killing Ballarat mum Samantha Murphy has made an incredible change to his appearance.

www-dailymail-co-uk.cdn.ampproject.org

Predictable. He might be looking over his shoulder for the next 20 years and won't want to be presenting himself as an easy target.

 

[Dotta]

Predictable. He might be looking over his shoulder for the next 20 years and won't want to be presenting himself as an easy target.

Yep.
With his height, current weight and constant lift weights
he might soon look like Hulk

JMO

 

[Cliff Hardy]

Yep.
With his height, current weight and constant lift weighting
he might soon look like Hulk

Beach muscles aren't that useful against brutal attacks where the perpetrator has stacked the odds in their favour.

 

[jjleroche]

Interesting, if pleading not guilty, not sure how he’s going to explain cctv evidence?

Some interesting information hereunder regarding some homicide defences in the jurisdiction of Victoria.

Murder and Manslaughter Offences | Galbally & O’Bryan Lawyers, Melbourne

In Victoria, there are different offences that relate to the unlawful killing of another person. These include murder and manslaughter. If you or someone you know has been charged with one of these offences, it is imperative to seek legal advice. Contact our Galbally & O'Bryan's team of expert...

www.galballyobryan.com.au