Australia Australia - William Tyrrell, 3, Kendall, NSW, 12 Sept 2014 - #32

[Karinna]

I think it's more like my signature

"[FONT=&]People will generally accept facts as truth only if the facts agree with what they already believe"[/FONT]

Yes, we decipher facts on an individual basis from information we are fed/given by MSM etc. Otherwise we wouldn't know about anything anyway, if it falls outside of our own lives, IMO.

 

[Karinna]

Tyrrell was due to be sentenced in Burwood Local Court on Monday, however the matter was adjourned to April 3 when she did not appear.

http://www.armidaleexpress.com.au/story/5292855/karlie-tyrrell-a-no-show-at-nsw-court/?cs=7

I hope she didn't appear because she's receiving treatment.

Does she have a defense attorney? He/She could have appeared on her behalf as well? Maybe the DA isn't quite ready yet and asked for an adjournment?

 

[sleepinoz]

Yes, we decipher facts on an individual basis from information we are fed/given by MSM etc. Otherwise we wouldn't know about anything anyway, if it falls outside of our own lives, IMO.

True - many people hate MSM, and by all means they aren't always correct - but what would we know if they didn't exist. Nothing.

 

[sleepinoz]

Does she have a defense attorney? He/She could have appeared on her behalf as well? Maybe the DA isn't quite ready yet and asked for an adjournment?

DA doesn't need to be ready, she's already been found guilty. This was for sentencing on the Assault charge and there was a mention for the drug possession.

 

[Karinna]

DA doesn't need to be ready, she's already been found guilty. This was for sentencing on the Assault charge and there was a mention for the drug possession.

(quote)
Sentence hearings

A sentence hearing is held if a person pleads guilty to an indictable offence. Sentence hearings are heard by a judge alone, with the accused and the prosecution making submissions about the sentence. Juries do not determine sentence cases.

At a sentence hearing, the court will be presented with the facts of the case. The court may also order that a pre-sentence report be provided. Both the prosecution and defence may present other reports and evidence if they are considered appropriate, including the accused's previous criminal record and victim impact statements.
http://www.districtcourt.justice.nsw.gov.au/Pages/case_types/criminal_cases.aspx

 

[JLZ]

Does she have a defense attorney? He/She could have appeared on her behalf as well? Maybe the DA isn't quite ready yet and asked for an adjournment?

She could have arranged a different date with a phone call and perhaps a medical certificate, but apparently didn't want to show the court so much respect.

 

[Karinna]

She could have arranged a different date with a phone call and perhaps a medical certificate, but apparently didn't want to show the court so much respect.

I would imagine for such an issue she would have a lawyer, as is recommended in these types of cases. If she doesn't have one it is her right to be appointed one to act in her defense.

 

[JLZ]

I would imagine for such an issue she would have a lawyer, as is recommended in these types of cases. If she doesn't have one it is her right to be appointed one to act in her defense.

Even if she has a lawyer, she needs to turn up for sentencing.

If she doesn't have a lawyer and wants one, there are usually some available hanging around the court, and court staff could connect her up with one. If she doesn't want one, it can't be forced on her.

 

[sleepinoz]

(quote)
Sentence hearings

A sentence hearing is held if a person pleads guilty to an indictable offence. Sentence hearings are heard by a judge alone, with the accused and the prosecution making submissions about the sentence. Juries do not determine sentence cases.

At a sentence hearing, the court will be presented with the facts of the case. The court may also order that a pre-sentence report be provided. Both the prosecution and defence may present other reports and evidence if they are considered appropriate, including the accused's previous criminal record and victim impact statements.
http://www.districtcourt.justice.nsw.gov.au/Pages/case_types/criminal_cases.aspx

Yes that's all true - although KT was in Local Court - not quite the same.

https://onlineregistry.lawlink.nsw....ate%22%2C%22sortOrder%22%3A%22ASC%22%7D%7D%7D

Criminal cases in the NSW Local Court are heard by a magistrate, who determines the sentence or orders

http://www.localcourt.justice.nsw.g...g_and_penalties/sentencing_and_penalties.aspx

She of course can still have a legal representative, although one wasn't mentioned at her previous hearing.

 

[Karinna]

She could have arranged a different date with a phone call and perhaps a medical certificate, but apparently didn't want to show the court so much respect.

BBM, We don't know that?

 

[sleepinoz]

She was due to appear in Burwood Local Court on Monday to be sentenced but a legal aid lawyer told the court Tyrrell had not approached him or issued any instructions.

https://au.news.yahoo.com/nsw/a/39556479/karlie-tyrrell-a-no-show-at-nsw-court/

 

[frogwell]

BBM, We don't know that?

The article said she had not contacted her legal aid rep or given him any instruction. 6.2 grams?....... what's going on here? MOO

 

[JLZ]

(quote)
Sentence hearings

A sentence hearing is held if a person pleads guilty to an indictable offence. Sentence hearings are heard by a judge alone, with the accused and the prosecution making submissions about the sentence. Juries do not determine sentence cases.

At a sentence hearing, the court will be presented with the facts of the case. The court may also order that a pre-sentence report be provided. Both the prosecution and defence may present other reports and evidence if they are considered appropriate, including the accused's previous criminal record and victim impact statements.
http://www.districtcourt.justice.nsw.gov.au/Pages/case_types/criminal_cases.aspx

I think in a case like this she (or her representative) should have presented the arguments relevant to sentencing at the initial appearance. As indeed she did, as I recall, but the judge wanted more information in the form of a pre-sentencing report; otherwise the sentence would have been delivered there and then.

 

[Karinna]

Even if she has a lawyer, she needs to turn up for sentencing.

If she doesn't have a lawyer and wants one, there are usually some available hanging around the court, and court staff could connect her up with one. If she doesn't want one, it can't be forced on her.

If the case is serious enough it would certainly be recommended she has one prior to sentencing to help her with a pre sentence report. But that's the problem when media only drip feed a little bit of information. We don't know all that is happening as to why she was a no show in court today? There could of been a very valid reason for it.
And as i will maintain her personal issues have nothing to do with her missing child.

 

[sosocurious]

BBM, We don't know that?

She was due to appear in Burwood Local Court on Monday to be sentenced but a legal aid lawyer told the court Tyrrell had not approached him or issued any instructions.

The matter was adjourned until April 3 in Tyrrell's absence.

She was also due to appear at the same court on Monday on a drug possession charge after she was allegedly caught with 6.2 grams of cannabis in Westmead on February 9.

http://www.illawarramercury.com.au/story/5292855/karlie-tyrrell-a-no-show-at-nsw-court/?cs=7

 

[sleepinoz]

The article said she had not contacted her legal aid rep or given him any instruction. 6.2 grams?....... what's going on here? MOO

Is 6.2 grams a lot? I'm not a metric person :/

 

[Karinna]

She was due to appear in Burwood Local Court on Monday to be sentenced but a legal aid lawyer told the court Tyrrell had not approached him or issued any instructions.

https://au.news.yahoo.com/nsw/a/39556479/karlie-tyrrell-a-no-show-at-nsw-court/

Hmmm, hope she is ok? A bit concerning really IMO.

 

[Karinna]

Is 6.2 grams a lot? I'm not a metric person :/

No grams aren't much, but larger quantities like ounces or pounds would be, IMO. Just over 28 gms. in an ounce.

 

[frogwell]

Is 6.2 grams a lot? I'm not a metric person :/

Well according to these defence lawyers, the amount she was caught with would come under small quantities.
https://criminal-lawyer.com.au/drugs-small-quantities-and-the-law/

http://legalanswers.sl.nsw.gov.au/drugs-and-law-hot-topics/diversion-criminal-justice-system
The above is about police guidelines for cautioning, which is what I thought was in place in NSW around this substance and why I asked when it was published in MSM about this arrest if there was some police harrassment going on. she hasn't got a drug record so far has she?

Sorry again, just read the guidlines for cautioning, can see she is not eligible on the few facts we already knew through MSM.

 

[JLZ]

If the case is serious enough it would certainly be recommended she has one prior to sentencing to help her with a pre sentence report. But that's the problem when media only drip feed a little bit of information. We don't know all that is happening as to why she was a no show in court today? There could of been a very valid reason for it.
And as i will maintain her personal issues have nothing to do with her missing child.

Well yes, she could have been on her way to court and had a car accident and unable to phone because unconscious. Or attempted suicide the night before and was intensely occupied having her stomach pumped. Or a range of improbable but possible things.