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Expert Evidence Part 2: Legislation and Case Law
Expert evidence is crucial to the outcome in many legal cases before the courts. The law surround the use of experts has been developing for more than 200 years. This article looks at the current law in Australia involving the use of expert opinion evidence.
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Evidence Excluding Smothering
The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.
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Dead or Alive
In colonial times the emphasis was on controlling convicts, eliminating bushrangers, and expropriating Aboriginal land by force frequently involving murder. These activities paid little, if any, attention to due legal processes or fundamental legal rights.
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Protest Limits and Arrest Powers in NSW
Table of Contents The Tradition of Hate Towards Protesters One of the most striking examples of the attitude of politicians towards those who protest was shown by the corrupt long serving New South Wales Premier, Sir Robert William Askin GCMG,…
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WWI, WWII and the Origin of Internal Security Agencies
Internal security has been a focus of governance for as long as civilisation has focused on maintaining power. WWI and WWII brought an explosion of interest in internal security agencies, and along with it, rising costs and reduced legal rights.
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Kathleen Folbigg and the Prerogative of Mercy
Table of Contents Pardon and Parole Powers and Procedures in New South Wales This short paper has been prepared because some parliamentarians in New South Wales have indicated they do not understand the law as it relates to the exercise…