GUILTY Australia - Jill Meagher, 29, Melbourne, 22 Sep 2012 #4

[SandyGG]

Alioop, unfortunately, I agree. I know that a "simple" double murderer will not generally be given the equivalent of two life sentences effectively.

 

[alioop]

The Crimes Act (Victoria) doesn't have an equivalent offence to the Qld 'interference with a corpse' which GBC was charged with. In the Vic legislation it refers to doing other things to a corpse which don't need detailing here.

Thanks LB, I appreciate your input. You have a much better knowledge of Victorian criminal law than me. I am neither Victorian or a criminal lawyer. So does that mean there is no offence for moving a body in Victoria?

 

[Makara]

My heart breaks for Jill's family. I hope that they will find peace in their heart's again one day.

Chance encounter at impromptu Jill Meagher shrine.

http://www.abc.net.au/local/stories/2012/10/09/3606665.htm

 

[possumheart]

My heart breaks for Jill's family. I hope that they will find peace in their heart's again one day.

Chance encounter at impromptu Jill Meagher shrine.

http://www.abc.net.au/local/stories/2012/10/09/3606665.htm

Oh that was very lovely Makara, thank you for sharing!

 

[aust amateur slueth]

My heart breaks for Jill's family. I hope that they will find peace in their heart's again one day.

Chance encounter at impromptu Jill Meagher shrine.

http://www.abc.net.au/local/stories/2012/10/09/3606665.htm

I cried trying to read that

 

[Fuskier]

My heart breaks for Jill's family. I hope that they will find peace in their heart's again one day.

Chance encounter at impromptu Jill Meagher shrine.

http://www.abc.net.au/local/stories/2012/10/09/3606665.htm

Makara, thank you for posting this story. A chance meeting, so touching.
Isn't life amazing. So much love, so much loss. Sounds like love and life is triumphing, as he connected with another over something she enjoyed - her favourite colour. :heartluv: Don't let the actions of that deviant, on that one night, ruin all that she was in life.

 

[KG1]

Makara, thank you for posting this story. A chance meeting, so touching.
Isn't life amazing. So much love, so much loss. Sounds like love and life is triumphing, as he connected with another over something she enjoyed - her favourite colour. :heartluv: Don't let the actions of that deviant, on that one night, ruin all that she was in life.

This wonderful story was read on ABC radio (774) this morning as I was getting ready for work and it brought tears to my eyes. So moving, touching and so natural for all good people. Rest in peace and love Jill.

 

[LegallyBrunette]

Thanks LB, I appreciate your input. You have a much better knowledge of Victorian criminal law than me. I am neither Victorian or a criminal lawyer. So does that mean there is no offence for moving a body in Victoria?

Hi Ali, Can you possibly clarify that what I paste below from Qld leg. is the section GBC has been charged under? If so, I expect it may go to the method of 'disposal' of the body ('offers indignity to', rather than moving it after death.

CRIMINAL CODE - SECT 236
236 Misconduct with regard to corpses
Any person who, without lawful justification or excuse, the proof of which lies on the person—

(a) neglects to perform any duty imposed upon the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

 

[LegallyBrunette]

Makara, thank you for posting this story. A chance meeting, so touching.
Isn't life amazing. So much love, so much loss. Sounds like love and life is triumphing, as he connected with another over something she enjoyed - her favourite colour. :heartluv: Don't let the actions of that deviant, on that one night, ruin all that she was in life.

Nothing happens purely by chance

 

[Amee]

Hi Ali, Can you possibly clarify that what I paste below from Qld leg. is the section GBC has been charged under? If so, I expect it may go to the method of 'disposal' of the body ('offers indignity to', rather than moving it after death.

CRIMINAL CODE - SECT 236
236 Misconduct with regard to corpses
Any person who, without lawful justification or excuse, the proof of which lies on the person—

(a) neglects to perform any duty imposed upon the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

Mr Baden-Clay, 41, was arrested in June and charged with murdering his wife Allison Baden-Clay at their Brookfield home and interfering with her corpse by moving her body to the creek where she was eventually found.

Read more: http://www.brisbanetimes.com.au/que...-statements-20120903-2598s.html#ixzz28naZ9zN6

 

[alioop]

Hi Ali, Can you possibly clarify that what I paste below from Qld leg. is the section GBC has been charged under? If so, I expect it may go to the method of 'disposal' of the body ('offers indignity to', rather than moving it after death.

CRIMINAL CODE - SECT 236
236 Misconduct with regard to corpses
Any person who, without lawful justification or excuse, the proof of which lies on the person—

(a) neglects to perform any duty imposed upon the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

Yes LB, GBC's charge sheet says the second charge is to quote it exactly "Criminal Code 236(b) Misconduct with corpse by interfering. That on or about the 19th day of April 2012 at BRISBANE in the State of Queensland one GERARD ROBERT BADEN-CLAY IMPROPERLY INTERFERED WITH A DEAD HUMAN BODY
Address of offence: CREEK-KHOLO CREEK, MOUNT CROSBY, QLD 4036"

The first charge is murder, address of offence being their Brookfield address.

 

[LegallyBrunette]

Yes LB, GBC's charge sheet says the second charge is to quote it exactly "Criminal Code 236(b) Misconduct with corpse by interfering. That on or about the 19th day of April 2012 at BRISBANE in the State of Queensland one GERARD ROBERT BADEN-CLAY IMPROPERLY INTERFERED WITH A DEAD HUMAN BODY
Address of offence: CREEK-KHOLO CREEK, MOUNT CROSBY, QLD 4036"

The first charge is murder, address of offence being their Brookfield address.

Thank you!

 

[GutFeeling!]

Could the off-the-record briefing be held because the case was so high profile and police were worried about stirring up the public with the details and affecting the trial?

No Angeline, it would be easy and totally acceptable for police to say we have made an arrest, no more details will be given. Which is totally the norm in Australia and no questions would have been asked (by media)

 

[marlywings]

October 10, 2012

TOUGHER laws to cut rates of domestic violence and crimes against women and children will be introduced next year by the Baillieu government in the wake of the murder of Jill Meagher and a spike in family-related assaults.

Yesterday Victorian Premier Ted Baillieu released the government's three-year strategy to address violence against women and children, with a pledge to force through tougher laws to make offenders accountable.

http://www.theaustralian.com.au/nat...s-to-be-hardened/story-e6frgczx-1226492418855

 

[marlywings]

I think these "tougher laws" as mentioned above need to be adopted by all states across Australia...not just Victoria. One would hope the other state premiers are listening.

 

[FruitTingles]

Off topic but My beloved Dad (totally unexpectedly ) passed away yesterday afternoon, may not be due to the same circumstances to Jill's death but I can relate to some feelings as to what Jill's family are feeling. Sleep peacefully Jill, and my beloved Dad. :rose:

 

[Maigret]

Off topic but My beloved Dad (totally unexpectedly ) passed away yesterday afternoon, may not be due to the same circumstances to Jill's death but I can relate to some feelings as to what Jill's family are feeling. Sleep peacefully Jill, and my beloved Dad. :rose:

I am so sorry FruitTingles you must be in a real state of shock

 

[aust amateur slueth]

Off topic but My beloved Dad (totally unexpectedly ) passed away yesterday afternoon, may not be due to the same circumstances to Jill's death but I can relate to some feelings as to what Jill's family are feeling. Sleep peacefully Jill, and my beloved Dad. :rose:

FruitTingles my condolences to you and your family, I'm sorry for your loss.

 

[GutFeeling!]

I think these "tougher laws" as mentioned above need to be adopted by all states across Australia...not just Victoria. One would hope the other state premiers are listening.

Or make them Federal straight up.

 

[GutFeeling!]

Off topic but My beloved Dad (totally unexpectedly ) passed away yesterday afternoon, may not be due to the same circumstances to Jill's death but I can relate to some feelings as to what Jill's family are feeling. Sleep peacefully Jill, and my beloved Dad. :rose:

Ohhh sweetie. I am so very sorry. Look after yourself mate xoxoxo