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Legal Herald - THE LAW AND YOU

Bali Nine Death Penalties Confirmed

September 6th 2006 06:08
In April 2005, 9 Aussies were arrested in Denpasar, Bali for attempting to smuggle approximately $4 million worth of heroin into Australia. Until recently, two of them were facing the death penalty. These were the so-called “ringleaders” of the operation, 25-year-old Myuran Sukumaran and 22-year-old Andrew Chan. The others were initially all sentenced to life imprisonment for drug trafficking. But today everything has changed.

It has now been confirmed that four more members of the Bali Nine will face death by firing squad. How did this happen?


It seems that after Matthew Norman, Tan Duc Thanh Nguyen and Si Yi Chen won their appeals to reduce their life sentences to 20 years in prison, prosecutors were not happy. They appealed the new decision wanting the life terms re-instated. But instead the Indonesian Supreme Court decided on the death penalty.

Similarly, when Scott Rush appealed to the court, he hoped that his life sentence would be reduced by a couple of years. But, his hopes seem to have backfired as the Indonesian Supreme Court again decided on the death penalty.

Chief Judge, Iskandar Kamil was reported in the Sydney Morning Herald to have made the following comment to AAP:

This narcotics problem is a very heavy criminal act and is very dangerous for the people and the country, not only Indonesia, but also other countries.

And although most of us, if not all of us, would wholeheartedly agree with such a statement, for many Aussies, the sentences handed down are unjust and excessive.

What do you think?
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The Pedophile Register

August 31st 2006 07:02
Police Car
photograph by Kevin Connors, from www.morguefile.com


NSW Police Minister Carl Scully, today ruled out the possibility of instituting a public register of pedophiles and I’m not happy about it.


All I want is a trial and if it doesn’t work, then so be it.

You see, everyday hundreds, maybe even thousands of children around the world are sexually abused and assaulted by older men and women. These children often experience depression, grief, eating-disorders, self-mutilation and sometimes even commit suicide. They suffer physically and emotionally for the rest of their lives.

What’s worse, there is even a pedophilia movement out there attempting to make relationships with pre-pubescent children socially acceptable.

When such information is available to us, is it not logical to do all that we can to protect our children from pedophilic activity? If we can’t lock all these bastards away for life, then at the least, should we not notify the community when the danger is nearby?

A public register would not only allow police to monitor every move of the convicted child sex offender but also, police would be given authority to inform parents and others who may inquire of the pedophile’s whereabouts.

Hell, I’d wanna know if I was living next door to a pedophile, and I don’t even have children.

In the US, there is a mechanism in place known colloquially as "Megan’s Law”. All parents are informed when there is a pedophile living in their area. The law was first passed in 1994 when young Megan Nicole Kanka was raped and murdered by a convicted pedophile who lived across the road from her.

Today all states in the US have instituted Megan’s Law in some form and the UK is considering doing the same thing but calling it "Sarah’s Law", in memory of 8-year-old Sarah Payne who was murdered in July, 2000 by a child sex offender.

I realize that a register is not going to put a miraculous stop to pedophilia in Australia. I realize that there may be problems of vigilante behaviour and stereotyping of sex offenders. But I also realize that we need to give the public register a try, because if we don’t, we will never know how effective it may be.
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Sophie Delezio Driver Pleads Guilty

August 30th 2006 08:52
Earlier this year, a 5-year-old girl was in her stroller at a pedestrian crossing at Seaforth when an elderly driver hit her with his car. She remained in a medically induced coma for 10 days and several weeks in the intensive care unit as the nation prayed for her survival.

An 80-year-old man from Frenchs Forest today pleaded guilty to dangerous driving occasioning bodily harm to the little girl we have come to know and love as Sophie Delezio.

Little Sophie first caught our attention in December 2003 after she experienced horrific burns to over 80% of her body. She had been hit by a car and trapped under it whilst at a day-care centre in Fairlight. Not only did Sophie lose both her legs, but also several fingers, an ear and most of her hair.

The person responsible was again, an elderly driver. But he was cleared of negligent driving because medical experts found the man had experienced a seizure which caused him to lose control of his car.

Sophie’s story has prompted much public debate about elderly drivers on our roads. Should there be an age limit? Should there be more frequent mandatory testing of elderly drivers? Should they be driving at all? Are we being discriminatory?

The NSW government has announced that it will investigate the possibility of reducing the age for mandatory medical checks. Currently, the checks regularly occur for those who are 80 and over. But is this enough?
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Young Drivers

August 15th 2006 06:19
A lot of young drivers are complaining that the NSW licensing procedures are overly restrictive. For those of you unfamiliar with the rules, it goes a little something like this:

You have to fill in a log book and show that you have undertaken at least 50 hours of supervised driving in different weather conditions when you are on your L’s. Then you do an on-road driving test with a grumpy member of the RTA to get your red P’s. After you’ve had your red P’s for 12 months you have to do another computer test to get your green P’s and then when you’re grey, old and wrinkly, you get to do ANOTHER test to obtain your full license.

[ Click here to read more ]
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Anti-Gang Legislation

August 13th 2006 14:58
Gangs of New York, the Italian Mafia, the cocaine crews in South America. These are the stereotypical pictures we paint of organized crime networks. We never seem to associate Australia with this picture, do we?

Yet, everyday, gang-related violence is tearing through our nation. The hatred is growing, the people are dying. It is a harsh reality that we need to face.

[ Click here to read more ]
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Parliamentarians, Not Drongos

August 10th 2006 09:57
If you ever start up a conversation with me about Members of Parliament, I will probably give you a filthy look and banish you to the corner of the room to think about what you’ve done.

The truth is, MP’s bore me to tears. I have no interest in them. I do not want to know about them. I flick to another channel if I see them on TV.

[ Click here to read more ]
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National Missing Persons Week

July 31st 2006 07:51
Life is a puzzle - every piece is important - Slogan for National Missing Persons Week.

photograph by Clarita
www.morguefile.com

[ Click here to read more ]
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Prison Break – Aussie Style

July 14th 2006 08:28
www.morguefile.com


On Wednesday night thousands of Aussies were plastered to their television screens for the season one finale of one of the greatest series ever created. That’s right, I’m talking about Prison Break. And although we are yet to find out whether the boys managed a successful escape, the program could not have been more action-packed, more gripping, more shocking. But as we rooted for the criminals to make their getaway, little did any of us know, there was a real life prison escapee roaming the streets of Sydney...
[ Click here to read more ]
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A beautiful soul.

Those were the words used to describe Sofia Rodriguez-Urrutia-Shu at her funeral today. The 8 year old schoolgirl was found dead in a toilet cubicle at a popular Perth Shopping Centre last week after she had been beaten, raped and strangled by a young male.

[ Click here to read more ]
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The Archibald Prize Challenge

June 20th 2006 00:39
from www.morguefile.com


The Archibald Prize is a prestigious award given to the winner of a portraiture competition held each year at the Art Gallery of NSW. The artworks are a tribute to the most influential people in our culture and often depict actors, sports stars, entertainers and politicians. Sound pretty straightforward? Surprisingly, the competition is often shrouded in legal controversy...
[ Click here to read more ]
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Kitten Cruelty Case

June 15th 2006 09:18
from www.wikipedia.com


I’m no animal lover. In fact, I’m terrified of them. Yes, even that cute, little, harmless looking kitty in the photo. But despite my irrational fear and unfounded hatred, I do believe that all creatures great and small should be treated respectfully. After all, they are living and breathing, just like you and me. They can feel what we feel, including pain and suffering. That’s why the decision handed down today in a Sydney Local Court regarding severe animal cruelty is an important one.
[ Click here to read more ]
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Landmark Medical Law Case

June 10th 2006 06:44
from www.morguefile.com

On Tuesday May 9, 6 out of 7 judges of the High Court of Australia ruled that children born with severe disabilities do not have the right to make compensation claims for ‘wrongful life’. In simple terms, ‘wrongful life’ claims are about suing doctors in negligence, not for the injuries sustained but for being born.

[ Click here to read more ]
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The Legal Definition of Death

May 30th 2006 08:03
Morbid topic, I know. But believe it or not there are millions of cases around the world that discuss the legal definition of death.

from www.morguefile.com

[ Click here to read more ]
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Breast Implants for Teenagers?

May 29th 2006 05:04
from www.morguefile.com


When 19 year old BB6 housemate Krystal, announced on national television that she had silicone implanted into her breasts, the nation was divided in its thoughts on the matter. For some, she was too young to have had plastic surgery. For others, Krystal was an individual, capable of making her own choices in life. For me, well, I didn’t actually know her name was Krystal. I just knew her as that kid on Big Brother with fake boobs.

[ Click here to read more ]
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