Seems the magistrate only misinterpreted the sentence. Just wish we had a sentencing summary, outlining the reasons for the decisions, the way we had when this was before the magistrate. mooI doubt you will ever know all that was cited. But it is important to note that the appeal was heard in a higher court (District Court) than the original hearing (Local Court). This is done because a higher court reviews the case for legal errors and other legal failures in the original hearing and decision.
An appeal is a formal process by which a higher court is asked to review a lower court’s decision based on errors in law or procedure. Appeals typically arise when a party believes that a judge has made a mistake in applying the law, misinterpreted legal principles, or failed to consider critical evidence appropriately.
Appeal vs Review: Key Differences in Australian Litigation
Working out what is supervised contact is an important part of allowing parents to build a relationship with their children in an environment that’s safe for all involved. Here’s everything you need to knownewsouthlawyers.com.au
Australia Australia - William Tyrrell Disappeared While Playing in Yard - Kendall (NSW) #79
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Seems like you are in the know, so kindly link please.
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I thought it was pretty clear. I posted the outline of a CRO further back in the thread, and this penalty appears to fit the situation. imo
I have added the conditions for no conviction being recorded, which also seem to apply.
Courts can use the Conditional Release Order to deal with first time and less serious offences where the offender is unlikely to present a risk to the community.
The CRO acts as a warning and provides the option to divert less serious offenders out of the criminal justice system, freeing up resources to deal with the offenders who cause the greatest concern to the community. If an offender commits any further offences while on a CRO, subsequent penalties may be more severe.
Conditional Release Orders
The benefit of a Community Correction Order (CCO) is that they are a flexible sentence that can be tailored to reflect the nature of the offender and the offence.
correctiveservices.dcj.nsw.gov.au
Courts may make an order with no conviction under Section 10 where they consider it appropriate to do so, taking into account:
(a) The person’s character, antecedents, age, health and mental condition;
(b) The trivial nature of the offence;
(c) The extenuating circumstances in which the offence was committed;
(d) Any other matter that the court thinks proper to consider.
Findings of Guilt With No Conviction (NSW) - Go To Court
Courts can deal with criminal offences without recording a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1990.
www.gotocourt.com.au
Gee, for a 1st time offender, she knows how to escelate to assault and intimidation of a minor quite freely, and that's just on the charges she was finally held accountable for. I will never get over her saying to the child, "You know, I don't have to love you, but I do." Anyway, yes I can see how she probably won't get the opportunity to reoffend because she won't have charge of children anymore.I thought it was pretty clear. I posted the outline of a CRO further back in the thread, and this penalty appears to fit the situation. imo
I have added conditions for no conviction being recorded.
Courts can use the Conditional Release Order to deal with first time and less serious offences where the offender is unlikely to present a risk to the community.
The CRO acts as a warning and provides the option to divert less serious offenders out of the criminal justice system, freeing up resources to deal with the offenders who cause the greatest concern to the community. If an offender commits any further offences while on a CRO, subsequent penalties may be more severe.
Conditional Release Orders
The benefit of a Community Correction Order (CCO) is that they are a flexible sentence that can be tailored to reflect the nature of the offender and the offence.
Courts may make an order with no conviction under Section 10 where they consider it appropriate to do so, taking into account:
(a) The person’s character, antecedents, age, health and mental condition;
(b) The trivial nature of the offence;
(c) The extenuating circumstances in which the offence was committed;
(d) Any other matter that the court thinks proper to consider.
Findings of Guilt With No Conviction (NSW) - Go To Court
Courts can deal with criminal offences without recording a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1990.
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Judges see a LOT, LOT worse every day. They measure by what they see. imo
I agree iiiii’s. that phrase You know, I don't have to love you, but I do." was used in the context of asserting control and emotional leverage: it’s like saying “You should be grateful I love you, because I don’t have to.
It’s hard to fathom the emotional and physical burden L must have been carrying through all that abuse. It’s heartbreaking.
out-of-home carer’s have a primary responsibility to ensure the safety, stability, and well-being of the children in their care. This includes providing emotional support, consistency, and a nurturing environment that promotes healing, trust, and development. It’s not a job requirement to love the children in their care, it is however expected that carers behave in ways that reflect care, compassion, and emotional attunement.
Fm seemed more focused on asserting control than showing compassion. Thank goodness she doesn’t have or won’t have anymore children in her care.
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That’s exactly what the podcaster did imo
But that could be said of magistrates too. Within their scope which is everything, like a GP. So they have a lot of experience to reflect upon as well. It's just that as we go up to higher courts, the circumstances of a case are weighed against more serious cases. So the courts are a matter of relativity. As to judges having to see, this was a unique case in that it was prima facie, so a lot to see and I would argue a lot of context thrown out in the district court as recordings were now probably irrelevant to charges that were withdrawn or discarded. I think the complexion of the case would look totally different. Also the pair chose to have their appeals heard separately so I don't think the judge got the impact of what conditions the child was copping from both parents during that year. The consequences of this child's stability was a huge casualty with the discovery of this behaviour. Upon sentencing in the magistrates court the FFC tendered taking responsibility for her actions. She squirmed when charged, might have been a fall from a horse, then looked for the mental health act, then said she copped it on the chin, except she didn't, she appealed to have nothing on file against her name. And yet her actions are why that child no longer has the home that she did since she was 2-3 y.o. That tells me a lot about her character MOO
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It just looks fake. The sprawled spiderman doll, the abandoned slippers, the pusher brought to the centre to compose the picture. If it can be proved to be a police photo I take it back, but otherwise I say it's a journalist's reconstruction.
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Yes. It looks remarkably like this picture, with a few adjustments.
Either way, we can clearly see that shoes are left in the position of the shoes in the other picture. Evidently a drop spot for putting on shoes when taking off slippers, and vice versa.
A Current Affair
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Shoes are in the sun to dry perhaps?
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Maybe. Though it is not the sunniest spot available. Likely a FGM habit to not track grass and lawn debris across the deck. They are kind of pushed off to the side, out of people's way. imo
On September 19th 2014 there is a post from you that mentions fgm slippers and the stroller and some toys. You also provided links that can no longer be accessed. Not sure how to link your post so I’ve attached a photo of it for your reference.
In your post you refer to taking a picture of the back patio showing the slippers and stroller from one of the very first videos that was released. So it seems the picture I posted earlier on is in fact from the first day W went missing. If not, what video/photo could you have been referring to as we know the last photo of W that was released early on doesn’t show fgm slippers or the stroller
I would also like to know when the photo that you just posted was taken as it dates to a news report back in 2019
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I’d also like to add to my post that the shoes fgm is wearing in her walkthrough are not the same as the shoes in your picture SthAussie. Fgm shoes are similar to her slippers in that they are slip ons which makes sense considering she’s an elderly woman and bending over to put shoes on and tie laces can be quite uncomfortable for a person if her age
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Just a thought. Didn't ff collect newspapers when he went out for his script and Skype call? Or did he make 2 trips. So was fgm reading old news, as we know ff didn't come home until after William went missing.
It was an old local newspaper.
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Nothing trivial and never an excuse to abuse or intimate a child. What about the child's stress levels. She's lost a brother and was left with an abusive foster family. Where is the childs rights in all of this.I thought it was pretty clear. I posted the outline of a CRO further back in the thread, and this penalty appears to fit the situation. imo
I have added the conditions for no conviction being recorded, which also seem to apply.
Courts can use the Conditional Release Order to deal with first time and less serious offences where the offender is unlikely to present a risk to the community.
The CRO acts as a warning and provides the option to divert less serious offenders out of the criminal justice system, freeing up resources to deal with the offenders who cause the greatest concern to the community. If an offender commits any further offences while on a CRO, subsequent penalties may be more severe.
Conditional Release Orders
The benefit of a Community Correction Order (CCO) is that they are a flexible sentence that can be tailored to reflect the nature of the offender and the offence.
Courts may make an order with no conviction under Section 10 where they consider it appropriate to do so, taking into account:
(a) The person’s character, antecedents, age, health and mental condition;
(b) The trivial nature of the offence;
(c) The extenuating circumstances in which the offence was committed;
(d) Any other matter that the court thinks proper to consider.
Findings of Guilt With No Conviction (NSW) - Go To Court
Courts can deal with criminal offences without recording a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1990.
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I think we have both been here for a very long time. And we both know that what happened was at the low end of the scale, for what the judges see. Without trivialising or excusing anything.
This sentence is no more and no less than similar first offences.
We all know the pathetic sentences that (for example) pedophiles receive for harming children. Frank Abbott received 16 years for sexually assaulting 3 young children. That equates to a little more than 5 years per child. And he is a repeat offender.
I think some don't have a grasp of the legal perspective of NSW sentencing. (not meaning you, but it is a general impression I get)
imo
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That’s a great question, BN. Is it possible the ff left around 8 a.m. to get the newspaper for Nana, returned home, and then left again around 9? That scenario seems to fit with the foster grandmother’s statement, where she notes he wasn’t present during breakfast. Later, he reportedly told her he’d be gone for a while because he had a conference call to make in town. Two separate trips would align with this timeline. Also, it’s worth noting that CCTV at the tennis club wouldn’t have captured the earlier trip to the local shop.
Ff arrived home within minutes of the fm arriving home, that stands out to me as fgm seems to think ff knew W was missing prior to arriving home and that fm would have called him. I find fgm statement to be the most credible of them all and yet for whatever reason, she wasn’t called to give evidence at the inquest.
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No it’s not possible a trip was made at 8am. As per the police evidence and the inquest. Let’s try and stick to the facts and not conspiracy theories.
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