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Teen found not guilty of murdering Brisbane mum

A teenager has been found not guilty of murdering Brisbane mother Emma Lovell, with her heart-broken widow shedding tears at the verdict. The now 18-year-old faced trial on the allegation that he had seen a knife in his co-offender's hand and knew he was armed when the pair broke into the Lovell home on Boxing Day in 2022. The main offender fatally stabbed Emma and hurt her husband Lee in the struggle that followed. With the case largely dependant on crucial split-second CCTV, Justice Michael Copley ruled he could not "be satisfied beyond reasonable doubt that the accused knew the other teen was in possession of the knife". The teenager was found not guilty of Ms Lovell's murder or manslaughter and also acquitted of unlawful wounding, but was found guilty of burglary and assault in company. Outside the court, Lee Lovell became emotional as he told reporters, "I'm not feeling too great at the moment - the verdict was a joke. I don't feel justified for Emma one bit." "You try and do the best you can for her and I don't feel I've been able to do that." Mr Lovell said legislation needed to be changed in order for victims and their families to have justice. "You are a part of killing someone and you get a burglary charge. What does that say for anyone going forward," he said. "We are the ones with a life sentence now." Image credits: Facebook

Legal

"Unspeakably vicious": Judge hands down verdict to Justin Stein

After a lengthy trial into the murder of nine-year-old Charlise Mutten, 33-year-old Justin Stein has had his fate read in court. At the NSW Supreme Court in Sydney on Monday, Stein was sentenced to life in jail without parole after he was found guilty of fatally shooting the schoolgirl in the face before dumping her body in a barrel. Justice Helen Wilson delivered the sentence and unleashed on Stein, saying he was "completely without remorse" and "without humanity or morality". Justice Wilson said the shooting that took place at Stein's lavish family home in the Blue Mountains in January 2022 was "unspeakably vicious and murderous", saying, "These were deliberate acts, and the second shot was an execution shot. He undertook these actions intending to kill her." "He sought to blame Charlise's mother for his own indecent conduct. Charlise was not just a child; she was a very young child at nine years and five months of age." "Charlise had come to refer to the offender as 'Daddy'. This crime represents an egregious breach of that trust." Wilson explained that Charlise was murdered after she was drugged with Stein's schizophrenia medication, as she said, "She would have been in a state of pronounced drowsiness; she had even less capacity to defend herself and flee from danger." Justice Wilson described Stein's supposedly tearful account of Charlise's death during the trial as "false" and said the tissue he used was dry. "From where I sat I could see very clearly, he was completely dry-eyed and did not shed a single tear," Justice Wilson said in disgust. "It might have been called theatre if it wasn't so calculated." "Some instances of murder are so grave that the maximum penalty is the only appropriate penalty." In a recent hearing, Charlise's mother Kallista Mutten broke down in tears and told her former fiancé, "I hate myself for trusting you." Ms Mutten read a victim's impact statement via audio video link as she told Stein. "[Charlise] just longed for you to be her dad. I just hate myself for being so wrong about you." "I am forced to live with fact I trusted someone and because of my trust I put my daughter in harm’s way." Image credits: Facebook / NSW Supreme Court

Legal

Julian Assange returns to Australia after guilty plea

Julian Assange is set to return to Australia on Wednesday night after pleading guilty to a single count of espionage, ending his 14-year legal saga. The WikiLeaks founder pleaded guilty at a court hearing in a federal court in Saipan, the capital of the Northern Mariana Islands, a US commonwealth in the Pacific, on Wednesday morning. The 52-year-old was accompanied by Australian ambassador to the US Kevin Rudd as he pleaded guilty to a single felony charge for publishing US military secrets, in a deal with the US justice department that will secure his freedom. The hearing is the culmination of the US government’s years-long pursuit of Assange, who has been painted both as a hero of press freedom and a reckless criminal for exposing hundreds of thousands of sensitive military documents through WikiLeaks. During the hearing, Assange was asked by the judge to explain “what it is you did”, as Assange explained, “working as a journalist, I encouraged my source to provide information that was said to be classified in order to publish that information.” Under the deal with the US justice department, Assange will be free to leave the court due to time already served in a UK prison and to travel on to Australia to be reunited with his family. Assange's wife Stella, a lawyer who married the WikiLeaks founder in prison in 2022, told the BBC from Australia that it had been “touch and go” over 72 hours whether the deal would go ahead. “He will be a free man once it is signed off by a judge,” she said, adding that she is still coming to terms with the news. Following the hearing, Assange's lawyer addressed the press and praised the judge for withholding a jail sentence. "The prosecution of Julian Assange is unprecedented," he said. <div> "In the 100 years of the Espionage Act it has never been used by the US to pursue a publisher, a journalist, like Mr Assange." He went on to say that Assange has "suffered tremendously" over the last 14 years, adding that he would remain a "powerful voice" as WikiLeaks continues its work when Assange lands in Australia. Image credits: Samantha Solomn/EPA-EFE/Shutterstock Editorial </div>

Legal

Families of murdered campers finally break silence after Greg Lynn verdict

The families of Russell Hill and Carol Clay have issued an emotional statement following the shocking <a href="https://oversixty.com.au/finance/legal/shocking-verdict-in-trial-of-murdered-campers" target="_blank" rel="noopener">verdict</a> in the murder trial against former Jetstar pilot Greg Lynn. On Tuesday, the jury found Lynn guilty of murdering Carol Clay in March 2020, but was found innocent on charges of murdering Russell Hill. The jury came to their shocking split decision after seven days of deliberation following the five-week trial. After the jury made their decision, the families of the two late campers issued an emotional statement. “Russell Hill and Carol Clay’s families are both relieved and devastated at the verdicts in the trial of Gregory Lynn,” a joint statement from the pair’s loved ones said. “We thank the jury for their verdict of guilty in the murder of Carol Clay. It was an extremely difficult task given that the accused destroyed so much evidence." “The verdict of not guilty in relation to the murder Russell Hill is devastating. There was not enough evidence to be sure of how he died.” The families said they understood the prosecution had an “enormous job putting a case together with limited evidence”. “The accused was the only person who saw and experienced what happened,” loved one said. “He was also the only person who emerged alive.” The statement thanked Victoria Police and its missing persons squad for their hard work in the case, volunteers who spent weeks searching for their loved ones, and Hill and Clay’s friends and family for their “support throughout this harrowing experience”. “We are heartbroken at the loss of our loved ones. It will take time to absorb the verdicts, put this behind us and set about healing and getting on with our lives,” the family said. Victoria police assistant commissioner Martin O’Brien said the Hill and Clay families had endured a difficult four years. “Their courage and resilience in the face of their grief, amidst enormous public attention, has been nothing short of extraordinary,” O’Brien said. “We will continue to support them in every way possible following this decision.” Throughout the trial, Lynn maintained his innocence, saying he did not kill the two campers, but admitted <span style="caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; background-color: #ffffff;">to destroying their bodies and the crime scene. <span style="font-size: 16px; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; background-color: #ffffff;">However, both prosecutors said he killed both of the campers intentionally and then tried to cover up his crimes. Following the jury's verdict on Tuesday,<span style="caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; background-color: #ffffff;"> Lynn was taken back to prison where he awaits his sentence. <span style="caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; background-color: #ffffff;">Image credits: Victoria Police

Caring

Shocking verdict in trial of murdered campers

The jury have been split during Greg Lynn's trial, where he was accused of murdering campers Carol Clay and Russell Hill in March 2020. The 57-year-old faced a five-week trial in the Supreme Court, in which he pleaded not guilty to both counts of murder. During the trial, Lynn said the deaths were accidental, and admitted to destroying their bodies and the crime scene. However, both prosecutors said he killed both of the campers intentionally and then tried to cover up his crimes. The 12 jurors began their deliberation on June 17th and emerged seven days later with a shocking verdict. Lynn was found guilty of the murder of Carol Clay but found innocent of killing Russell Hill in a startling decision. When asked for a verdict on Hill's murder, the jury's foreperson told the court today "not guilty", and when asked about the murder of Clay, the foreperson replied "guilty". Lynn was physically shocked by the verdict, raising his eyebrows and remaining silent after the two verdicts were read aloud. Justice Michael Croucher dismissed the jury before Lynn was taken back to prison, where he will await his sentence. Image credits: Nine

Legal

Donald Trump facing jail after guilty verdict

Former US president Donald Trump is facing the possibility of jail time after being found guilty on all 34 counts of a hush money trial in New York. Trump was found to be unanimously guilty by the jury on Thursday afternoon, making him the first former US President with a criminal conviction. In the New York courtroom, he was accused of 34 counts of fraud by falsifying business records to cover up payments of $200,000 ($US130,000) to adult star Stormy Daniels. It was reported that Mr Trump wanted to buy her silence about an alleged extramarital sexual encounter which was in danger of becoming public knowledge in the run up to the 2016 US Presidential election. While paying hush money to cover up a potentially damning story isn't illegal, Trump's falsifying of business records to bury the payments is a criminal offence in the state of New York. Mr Trump, 77, denied a sexual encounter with Ms Daniels took place and denied all the charges. After the guilty verdict was handed down, Trump spoke to reporters outside the courtroom, saying the trial was “rigged” and a “disgrace”. “This was a rigged trial by a conflicted judge who is corrupt,” he said. “The real verdict is going to be November 5 by the people and they know what happened here and everybody knows what happened here.” He insisted “we didn’t do anything wrong”. “I’m a very innocent man and it’s OK, I’m fighting for our country, I’m fighting for our Constitution,” he said. A sentencing hearing has been set for July 11th, just four days before the Republican National Convention, when the party will officially nominate him for President ahead of the election in November. He faces a minimum of probation and a maximum of up to four years in prison. Image credits: Justin Lane/UPI/Shutterstock Editorial

Legal

Woolies faces up to $10b fine after pleading guilty to 1000 charges

In what seems like a cascade of misfortune for Woolworths, the retail giant has found itself embroiled in yet another controversy. A week fraught with bad press took a turn for the worse when outgoing CEO Brad Banducci <a href="https://www.oversixty.com.au/finance/legal/last-chance-mr-banducci-woolies-ceo-threatened-with-jail-time" target="_blank" rel="noopener">faced the threat of jail time</a> for his refusal to address questions in a Senate inquiry probing supermarket price gouging. Now, the company is grappling with the repercussions of admitting to underpaying over a thousand former Victorian employees for their long service leave entitlements. The admission, made in a Melbourne court, revealed that Woolworths fell short in compensating at least 1,235 former workers, amounting to a staggering $1.24 million in underpayments spanning from November 2018 to January 2023. While some employees were owed only modest sums, others were deprived of significant entitlements, with figures reaching up to $12,000 in the most severe cases. The Melbourne Magistrates' Court learned that Woolworths, alongside its related company Woolstar, breached Victoria's Long Service Leave Act on a startling 1,227 occasions. The revelation came to light during an internal audit of the company's IT systems, prompting Woolworths to self-report the discrepancies to Victoria's Wage Inspectorate. Woolworths' barrister, Saul Holt KC, highlighted the company's commitment to rectifying the situation, after discovering the discrepancies during an audit of its IT systems and self-reporting it to Victoria's Wage Inspectorate. "That's just the right thing to do," he said. However, the gravity of the breaches places Woolworths at risk of facing a potentially astronomical fine, with a theoretical maximum exceeding $10.25 billion. While such a penalty could spell financial catastrophe for many, including a corporate behemoth like Woolworths, legal experts suggest that a more realistic figure would be capped at approximately $480,000, in line with typical penalties in Victorian magistrates courts. The magistrate presiding over the case, Nahrain Warda, has deferred her decision until Wednesday, April 24, leaving Woolworths in a state of uncertainty. In addition to the impending financial penalty, Kathleen Crennan, representing the Wage Inspectorate of Victoria, advocated for Woolworths to be convicted, denouncing the underpayments as inexcusable. "There's really no excuse for this to have happened in the first place," she said. In the face of mounting legal challenges and public scrutiny, Woolworths' reputation as an employer is under scrutiny. Despite assertions of being an "exemplary employer", founded on principles dating back to 1924, the company's track record is marred by repeated instances of underpayment scandals. As Woolworths awaits the magistrate's verdict and braces for the fallout from its legal battles, the spectre of underpayment casts a long shadow over the company's corporate governance and raises broader questions about accountability within the retail industry. Images: Woolworths

Legal

Pierce Brosnan apologises after pleading guilty to Yellowstone offence

While we've seen Pierce Brosnan tackle villainous masterminds and save the world countless times on screen, it seems he couldn't resist the allure of real-life adventure, landing himself in some hot water – quite literally. Brosnan, the incredibly suave actor who portrayed James Bond for a span of 10 years from 1994-2004, found himself in a rather sticky situation. No, he wasn't dodging bullets or defusing bombs; instead, he was caught red-handed... or rather, red-footed, for wandering off the beaten path in Yellowstone National Park. It appears that even the smoothest of spies can't resist the call of forbidden territory. Brosnan, on a casual visit to the park, decided to channel his inner explorer and took a detour into a thermal area, perhaps hoping to uncover the secret lair of a Bond villain hidden beneath the bubbling hot springs. Alas, all he found was trouble with the law. Despite his valiant efforts to evade capture, Brosnan was caught and fined $US500 – a small price to pay for a taste of real-life espionage. He was also ordered to make a donation to Yellowstone Forever, proving that even 007 isn't above the law of charitable contributions. In a move straight out of the Bond playbook, Brosnan took to social media to issue a public apology, demonstrating a level of humility rarely seen in secret agents. His heartfelt message, complete with the obligatory hashtag #StayOnThePath, garnered praise from fans around the globe, who were quick to forgive their silver-screen idol. "As an environmentalist I have the utmost respect for and love of our natural world," he wrote. "However, I made an impulsive mistake - one that I do not take lightly - when entering a thermal area covered in snow in Yellowstone National Park to take a photograph. I did not see a 'No Trespassing' sign posted that warned of danger nor did I hike in the immediate area. I deeply regret my transgression and offer my heartfelt apologies to all for trespassing in this sensitive area. Yellowstone and all our National Parks are to be cared for and preserved for all to enjoy. #StayOnThePath" The response from fans was immediate and overwhelming. "On behalf of America, I forgive you. Also, you were terrific as James Bond. Please reprise the role," wrote one respondent. "Integrity and sincerity always win….so does owning our mistakes. Many world leaders would do well to take a leaf from your book. Respect. 💛" wrote another. Yet, amidst the sea of supportive comments, one fan's suggestion stood out: a personal visit from Brosnan himself, to console those who have swooned over him since his Remington Steele days. "I think you should visit personally all the women who have been in love with you since they first saw you in Remington Steele… our husbands wouldn’t mind a visit and we would love to meet your beautiful wife as well… I think that would more than make up for your slight indiscretion! 😉" It seems Brosnan's charm knows no bounds, even extending to placating aggrieved spouses with the promise of a celebrity encounter. <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/C4gjI90vK94/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/C4gjI90vK94/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Pierce Brosnan (@piercebrosnanofficial)</a> </div> </blockquote> While Brosnan may have momentarily traded in his tuxedo for hiking boots, his legacy as one of Hollywood's most beloved leading men remains untarnished. From thwarting international criminals to navigating the perilous terrain of America's national parks, Brosnan proves that true adventure knows no limits – just remember to heed the warning signs and stay on the path. Images: Instagram

Legal

Verdict delivered over fatal Rust shooting

The armourer on the set of the film Rust has been charged with involuntary manslaughter over the death of cinematographer Halyna Hutchins. Halyna Hutchins, who was 42 and a mother to a young son, died after being fatally shot by Alec Baldwin on the set of the Western movie in October 2021. Baldwin has repeatedly denied responsibility, insisting he did not pull the trigger. Now, armourer Hannah Gutierrez has been found guilty, with the jury hearing that Gutierrez, 26, had been ultimately responsible for the use of live rounds on set. Over a 10-day trial in New Mexico, the court heard how she had repeatedly failed to adhere to basic safety rules by leaving guns unattended on set, and allowing actors — including Baldwin — to wave the weapons around. “This is not a case where Hannah Gutierrez made one mistake and that one mistake was accidentally putting a live round into that gun,” prosecutor Kari Morrissey told the jury in her closing argument Wednesday. “This case is about constant, never-ending safety failures that resulted in the death of a human being and nearly killed another.” The judge remanded her in custody ahead of her sentencing, which is not expected before next month, as she faces up to 18 months’ prison. Despite Baldwin long claiming his innocence over the shooting, ballistics experts have dismissed the claim, saying the gun could not have discharged any other way. His own involuntary manslaughter trial is expected in July. Image credits: Getty Images

Legal

Qantas found guilty of firing health worker during pandemic

Qantas has been found guilty of firing a health and safety officer during the early days of the pandemic, a NSW district court judge has found. The airline dismissed Theo Seremetidis in early 2020 after he expressed concerns about safety protocol for flights arriving from China in the first months of the Covid-19 pandemic. According to SafeWork NSW, Qantas breached part 6 of the Work Health and Safety Act and discriminated against Mr Seremetidis when he was stood down. On Thursday, the court heard elements of the matter brought by SafeWork NSW were established beyond reasonable doubt and Qantas Ground Services is “guilty of the offence charged”. They specifically related to standing down Mr Seremetidis “to his detriment” and the main reason for his dismissal was a prohibited reason, because he had exercised a power as a health and safety representative by directing workers to cease unsafe work. The prosecution was brought about after Mr Seremetidis launched a complaint about his former workplace with the Transport Workers Union (TWU), who took the complaint to SafeWork NSW. Judge David Russell said he accepted SafeWork NSW’s submissions that Qantas Ground Services “actively sidelined” Mr Seremetidis and ignored his concerns. <div>“Firstly … by cutting him off from other staff who were seeking his help,” he said. “And secondly, by standing him down and requiring him to leave the airport forthwith. “I formed the view that he attempted to carry out his duties as a health and safety representative conscientiously and carefully,” he said. TWU President and NSW/Qld Secretary Richard Olsen welcomed the verdict on SafeWork NSW’s primary charge. “This is a fantastic result. Theo is a workplace hero and today he has been vindicated. When the TWU urged SafeWork NSW to prosecute this case, Theo courageously took on one of Australia’s biggest corporate bullies and won,” he said. Image credits: TWU </div>

Legal

How mistaken identity can lead to wrongful convictions

<a href="https://theconversation.com/profiles/hayley-cullen-423538">Hayley Cullen</a>, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a> In March 1976, American Leonard Mack was convicted of sexual assault and holding two female victims at gunpoint. In September 2023, Mack’s wrongful conviction was finally overturned by a New York judge on his 72nd birthday with the help of the <a href="https://innocenceproject.org/news/hit-in-dna-database-proves-leonard-macks-innocence-after-47-years-of-wrongful-conviction/">Innocence Project</a>, an organisation that uses DNA evidence to prove factual innocence. Mack’s conviction took 47 years to overturn. He served seven-and-a-half of these years in a New York prison. His case is the <a href="https://innocenceproject.org/news/8-moving-moments-from-leonard-macks-historic-exoneration-after-47-years/">longest</a> in United States history to be overturned using DNA evidence. In June 2023, a similar historic moment occurred in Australia. Kathleen Folbigg was <a href="https://www.theguardian.com/australia-news/2023/jun/05/kathleen-folbigg-pardoned-after-20-years-in-jail-over-deaths-of-her-four-children">pardoned and released</a> after 20 years in prison for the murder and manslaughter of her four young children. Considered one of the <a href="https://www.smh.com.au/national/nsw/folbigg-release-would-make-chamberlain-case-pale-into-insignificance-20230307-p5cpya.html">worst miscarriages of justice</a> in Australian history, Folbigg’s release has sparked discussion over whether Australia needs a <a href="https://www.theguardian.com/australia-news/2023/jun/12/not-a-rare-case-kathleen-folbigg-pardon-sparks-calls-for-new-body-to-review-possible-wrongful-convictions">formalised body</a> to deal with post-conviction appeals. Mack and Folbigg are only two individuals on different sides of the world who have spent decades fighting to prove their innocence. Many others are still fighting. The prevalence of wrongful convictions is hard to determine. The <a href="https://www.law.umich.edu/special/exoneration/Pages/about.aspx">National Registry of Exonerations</a> in the United States has recorded 3,396 exonerations nation-wide since 1989. But data on official exonerations fail to capture the many individuals whose convictions are yet to be overturned. Estimates of the prevalence of wrongful convictions in the United States range from <a href="https://journals.sagepub.com/doi/pdf/10.1177/08874034221106747?casa_token=DL_gPkxNcI8AAAAA:uI-en9junmLXXScDGthXAuC9JcLsxp5OF1J4QB1WdA2L2cZRcwRuwtxVmIMiKYbYaSDj_ji4EdPSLA">0.5 to 5%</a>. The exact prevalence in Australia is less clear but we do know <a href="https://search.informit.org/doi/pdf/10.3316/informit.801706351305383?casa_token=cpZBfZmh944AAAAA%3Ax_zYUlnogLjuDWl81jc38vmeOovzw44M171rP7G3ibNnU35rvWS0yeIO_Ad0eBa54nE54KxaKzIb3w4">71 cases of wrongful convictions</a> have been identified in Australia between 1922 to 2015. Some have argued there could be <a href="https://search.informit.org/doi/pdf/10.3316/informit.308199161216493">350 convictions per year</a> of individuals who are factually innocent in Australia. A witness mistakenly identifying an innocent suspect is common in many wrongful conviction cases. Eyewitness misidentification is the leading contributing factor in wrongful convictions overturned by the <a href="https://innocenceproject.org/exonerations-data/">Innocence Project</a>, present in 64% of their successful cases. In Australia, <a href="https://search.informit.org/doi/pdf/10.3316/informit.801706351305383?casa_token=cpZBfZmh944AAAAA%3Ax_zYUlnogLjuDWl81jc38vmeOovzw44M171rP7G3ibNnU35rvWS0yeIO_Ad0eBa54nE54KxaKzIb3w4">6%</a> of recorded wrongful convictions involved an eyewitness error. This may be an underestimate given many applications to innocence initiatives in Australia alleging wrongful conviction, such as the <a href="https://bohii.net/">Bridge of Hope Innocence Initiative</a>, report <a href="https://bohii.net/blog/positiononestablishingccrcas">eyewitness evidence</a> as a potential contributing factor. In Mack’s case, two victims misidentified him as the perpetrator. These identifications proved to be instrumental in his wrongful conviction. How did the two victims get it wrong? <h2>How problematic procedures influence eyewitnesses</h2> Eyewitness identification evidence relies on witnesses to accurately remember criminal perpetrators. Several factors affect eyewitness memory accuracy. Features of the crime can impact memory, such as whether it was light or dark, or whether the perpetrator wore a disguise. Memory can also be affected by characteristics of the witness at the time of the crime, such as their stress or intoxication levels. These factors are present at the time of the crime and cannot be changed. What is perhaps more crucial is that eyewitness memory can also be affected by the procedures law enforcement use to collect identification evidence. In <a href="https://innocenceproject.org/news/hit-in-dna-database-proves-leonard-macks-innocence-after-47-years-of-wrongful-conviction/">Mack’s case</a>, there were serious problems with the procedures used to get the identifications from the victims. One of the victims made three separate identifications of Mack. Witnesses should only complete one identification procedure for each suspect, because the first identification will bias future identification attempts. For two of the identifications the victim made, she was only shown Mack by himself surrounded by police. Showing a lone suspect without any other lineup members may <a href="https://link.springer.com/chapter/10.1007/978-3-319-29406-3_2">increase mistaken identifications</a>, particularly when the context in which they are shown is highly suggestive. Seeing Mack in handcuffs and in the presence of police may have led the victim to identify him. Mack was the only person shown to the witness in these identification attempts, so the police officers organising the process knew he was the suspect. “Single-blind” administration of identification procedures – where the police officers organising the lineup know who the suspect is – increase the likelihood of <a href="https://psycnet.apa.org/record/2017-49224-002">mistaken identifications</a>. For the other identification this victim made, she picked Mack out of a photo lineup containing seven images. Mack’s photo was the only photo in the lineup that contained visible clothing and the year (1975) in the background. All members of a lineup must be matched and no one lineup member <a href="https://www.apa.org/pubs/journals/releases/lhb-lhb0000359.pdf">should stand out</a>, but Mack’s photo was distinct. With all these problematic practices combined, we can see how Mack was misidentified and convicted. In 2020, a team of eyewitness experts published <a href="https://www.apa.org/pubs/journals/releases/lhb-lhb0000359.pdf">nine evidence-based recommendations </a>for conducting identification procedures. These recommendations serve to reduce mistaken identifications and enhance accurate ones. The recommendations address the problematic practices in Mack’s case, but also include things like making sure there is sufficient evidence to place a suspect in a lineup, and giving appropriate instructions to witnesses during the procedure. Identification procedures should also be video recorded to identify any poor practices. While these recommendations will go a long way to reducing wrongful convictions resulting from faulty eyewitness identifications, they will only be effective if followed by police. The next step is ensuring these recommendations are embedded into everyday policing practice.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/214844/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/hayley-cullen-423538">Hayley Cullen</a>, Lecturer, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/how-mistaken-identity-can-lead-to-wrongful-convictions-214844">original article</a>.

Legal

Sitcom star jailed for 30 years

That ‘70s Show star Danny Masterson has been sentenced to 30 years in prison for raping two women who were in the Church of Scientology with him in 2003. Masterson, 47, who was found guilty of raping victims Jen B and N Trout in his Hollywood home in June, received his sentence on Thursday, California time. The actor remained silent in court as he received 15 years for each count, which will be served consecutively. “One way or another you will have to come to terms with your prior actions, and their consequences,” Los Angeles County Superior Court Judge Charlaine Olmedoe told Masterson, according to the New York Post. The victims testified that they passed out after Materson gave them drinks, then he proceeded to violently rape them. Prosecutors claimed that Materson raped N Trout so violently that she threw up in her mouth. Prior to the sentencing, N Trout read out her victim statement, where she slammed the actor for his violent actions, but also forgave him and hoped that he would do better in prison. “You relish in hurting women. It is your addiction. It is without question your favourite thing to do,” she said, according to court reporter Meghann Cuniff. “Life is precious and fragile. Find your heart … Learn something. Read books. Listen to the brightness of nothing and get well. I forgive you." Jen B, on the other hand, reiterated the fact that there was no conspiracy to take down Materson or the Church of Scientology. This comes after the defence had previously argued that the sexual acts were consensual, accusing the women of co-ordinating their stories to discredit former Hollywood star. The victims also told the court that Scientology officials told them not to report the crime because Masterson was a high-ranking member of the church, and instead they were put through an ethics program. After an initial deadlock vote, the jury found Masterson guilty of two counts of rape, but could not reach a unanimous verdict on a third count alleging that the former star also assaulted his ex-girlfriend Christina Bixler. However, he was not charged with any counts of drugging as there were no toxicology evidence to back up the women's statement, which will likely play a role in Masterson’s plan to appeal the verdict. The Church of Scientology also released a statement, criticising the notion that they tried to silence the complaints, claiming that the women's testimony were “uniformly false”. “The Church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone — Scientologists or not — to law enforcement,” “Quite the opposite, church policy explicitly demands Scientologists abide by all laws of the land.” Image: Lucy Nicholson - Pool/Getty Images

Legal

William Tyrrell's foster mother pleads guilty to assault

William Tyrrell's foster mother has been found guilty of assaulting a child. The 58-year-old woman, who cannot be named for legal reasons, appeared in Parramatta’s Local Court on Monday morning alongside her husband. She entered guilty pleas to two counts of common assault relating to a child, who is not William. Despite her plea, she plans to fight the charges after also pleading not guilty to two counts of intimidation. Her husband, 56, has pleaded not guilty to one count of common assault and one count of intimidation. The court heard details of the incidents that took place between January and August 2021, with the foster mother previously trying to have the charges in question withdrawn on mental health grounds. The couple will face a contested hearing before Magistrate Susan McIntyre, with the hearing expected to last five days. William was only three years old when he vanished from his foster grandmother’s house at Kendall on the NSW mid North Coast on September 12th 2014. The case attracted national attention and has become one of the state’s most notable cold cases. No one has been charged over William’s disappearance and suspected death, and his foster parents have continued to deny any wrongdoing. Image credits: NSW Police <div class="media image" style="caret-color: #000000; color: #000000; font-style: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; text-decoration: none; box-sizing: inherit; margin-bottom: 24px; display: flex; flex-direction: column; align-items: center; width: 705.202209px;"> </div>

Legal

Buxton crash driver pleads guilty over five teen deaths

Tyrell Edwards, 19, has pleaded guilty to five counts of aggravated driving occasioning death, following a fatal crash which killed five teens south of Sydney <a href="https://www.oversixty.com.au/health/caring/new-details-emerge-as-driver-charged-in-tragic-buxton-crash" target="_blank" rel="noopener">last year</a>. The teen arrived at Picton Local Court on Thursday surrounded by family members who shielded his face from cameras using an umbrella. As he sat in the dock at the packed court, the magistrate read out the five charges he faced over the horror crash, where he was driving 45km/h over the speed limit. "Guilty, your honour," Edwards would repeat as each count was read out to him. Edwards, who was a P-plater at the time of the accident, crashed into a tree killing three boys and two girls between the ages of 14 and 16, while he suffered non-life-threatening injuries. Summer Williams, Antonio Desisto, Gabriella McLennan, Lily Van de Putte, and Tyrese Bechard were all pronounced dead at the scene. The court was told that the car only had seatbelts for four passengers in addition to the driver. His lawyers argued that he should remain on bail until his next court date on the 24th of August, so that he can receive treatment for mental health issues including PTSD and an autism spectrum disorder diagnosis. But the Magistrate denied the plea, as they believed it wasn't a good enough excuse for Edwards to remain at liberty until then. "I'm also of the view that if it is necessary to take place then it can take place while the offender is in custody," Magistrate David Degnan said. "Accordingly his bail is revoked, and you will remain in custody, Edwards." The Magistrate also acknowledged family and friends of the five victims, who were present in court to hear the charges, before describing the tragedy as a "particularly egregious" example of dangerous driving. "And the impact was at speed and had a devastating effect," he said. Edwards faces a maximum of 14 years in prison for each of the charges. Image: Facebook/ Nine News

Legal

Dr Charlie Teo speaks out after guilty finding

Renowned neurosurgeon, Dr Charlie Teo, is said to be contemplating an appeal after a medical standards committee found him guilty of "unsatisfactory professional conduct". Dr. Teo has expressed concerns that this decision could potentially jeopardise the lives of numerous Australians. The Medical Professional Standards Committee recently concluded its inquiry into two serious complaints regarding Dr. Teo's conduct at Sydney's Prince of Wales Private Hospital between 2018 and 2019. The committee's ruling stated that Dr. Teo demonstrated a lack of "insight, empathy, and judgment." As a result, restrictions have been placed on his registration, preventing him from performing brain surgeries without a written statement from an approved neurosurgeon. Dr. Teo strongly denies the allegations of unprofessional conduct and is considering appealing the committee's decision, as reported by Seven News. While acknowledging the guilty verdict, he stated in an interview with Seven's Spotlight, "In terms of the complaints, if they found me guilty then I have to take that on the chin." He also expressed his satisfaction that the committee refrained from imposing further conditions. However, he is concerned about the possibility of facing difficulties finding a hospital in Australia that would allow him to continue performing surgeries. During the Spotlight interview, presenter Michael Usher emphasised that Dr. Teo genuinely cares for his patients, who might now have to travel overseas to seek his services. Usher quoted Dr. Teo, saying, "In his words - it sounds very strong but he's standing by them - he believes that thousands of Australians will die because of this decision against him." The disciplinary hearing earlier this year revolved around two female patients who experienced severe brain injuries after undergoing surgeries performed by Dr. Teo in 2018 and 2019. In its ruling, the committee found that Dr. Teo had proceeded with surgeries where the risks outweighed the potential benefits, failing to obtain informed consent from both patients. Furthermore, he charged an inappropriate fee of $35,000 to one of the women and used inappropriate language while speaking to her daughter. The committee expressed concerns about Dr. Teo's lack of reflection in his judgment and his failure to provide statistical data or peer support to justify his decisions. Although Dr. Teo expressed sorrow and took responsibility for the unfavourable outcomes of the surgeries, he did not demonstrate remorse for offering surgery to the patients. This lack of insight troubled the committee. Consequently, the committee reprimanded Dr. Teo and imposed restrictions on his practicing certificate. To perform recurrent malignant intracranial tumour and brain stem tumour surgical procedures, he must now obtain a written statement from a Medical Council-approved neurosurgeon. Dr. Teo retains the option to appeal the committee's decision to the NSW Civil and Administrative Tribunal. Image: Instagram

Caring

Charlie Teo’s fate after guilty finding

The recent guilty finding of "unsatisfactory professional conduct" against renowned neurosurgeon Dr Charlie Teo by the NSW Health Care Complaints Commission has raised questions about the potential ramifications for his career. Known for his expertise in treating complex brain tumours, Dr Teo has been the subject of controversy and scrutiny in recent years. Amid allegations and concerns over his high fees and unconventional treatment methods, a disciplinary inquiry was launched to examine his professional conduct. Following that inquiry, Dr Teo was <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWMPSC/2023/2.html" target="_blank" rel="noopener">found guilty of "unsatisfactory professional conduct"</a>. This finding suggests that his actions or omissions have fallen short of the expected standards of professional behaviour within the medical field. While the finding is significant, it is crucial to understand its specific implications. Dr Teo's guilty finding will almost certainly negatively impact his professional reputation, as it raises questions about his adherence to ethical guidelines and best practices. This development could affect his relationships with patients, colleagues, and medical institutions. Of course, the guilty finding may also have legal ramifications, potentially resulting in disciplinary actions such as fines, suspension, or even revocation of his medical license. The finding could also erode the trust and confidence that patients have in Dr Teo's abilities. Other medical professionals and institutions may also hesitate to collaborate with Dr Teo in the future due to concerns about his professional conduct. However, it's important to note that a guilty finding does not necessarily invalidate all of Dr Teo's contributions and achievements as a neurosurgeon. His expertise and experience in treating complex brain tumours have undoubtedly helped numerous patients in desperate situations. However, the finding does highlight areas where improvements in professional conduct may be necessary if Dr Teo is to rebuild his professional trust. While this guilty finding is undoubtedly a significant setback, Teo's future prospects are not entirely predetermined. It will depend on how he responds, whether he takes steps to address the concerns raised, and his ability to rebuild trust with patients, colleagues and the broader medical community. The guilty finding of unsatisfactory professional conduct against Dr Teo carries significant implications for his career. It has the potential to affect his professional reputation, legal standing, patient confidence, and collaborative opportunities. However, Dr Teo had already alleged to the media several times that the inquiry was instigated solely because his "enemies" had manipulated and coerced two grieving widowers into lodging complaints against him. Considering Dr Teo's previous statements about the lack of support from Australian surgeons, leading him to practically abandon surgery in his home country, it remains to be seen in real terms how this recent decision will affect his career, if it does at all. With appropriate actions and a commitment to addressing these concerns, Dr Teo may be able to navigate this challenging period and work towards rebuilding trust and maintaining his contributions in the field of neurosurgery. Image: Instagram

Body

Aussies guilty of neglecting at-home pet care

New research has revealed that Australian pet owners are overlooking home health checks for their furry friends. A report released by PetSure recording data from 2022 for 2023 showed that just one in 10 pet owners provided at-home health checks for their pets, including things such as brushing their pet’s teeth or checking for fleas and ticks. However, even with the cost of living crisis, the report found 82 per cent of pet owners spoil their pet’s each month. "With pet ownership across Australia at a record high, companion animals continue to play a central role in our lives, but there is still a knowledge gap when it comes to pet health and the role pet insurance can play in helping you prepare for the unexpected," CEO of PetSure Alex Thomas said. The data analysed in the report shows the top five health conditions for dogs and cats. The top five dog diseases in 2022 included skin allergies, arthritis, diarrhoea, ear infections, and gastritis. For cats, it was vomiting, gastrointestinal tract diseases, dental disease, diarrhoea and urinary tract disease. "Like many pet owners, vets are animal lovers and they want the best for your fur baby, but pet parents need to do their due diligence. While pampering can provide enrichment for pets, it's simple things like regularly brushing your dog's teeth or checking for fleas and ticks that pet parents should prioritise," vet Dr Betty Chan said. "Being proactive with a regular at-home health routine could help detect and address issues early on, resulting in better pet healthcare outcomes. In some cases, this could mean a health condition is less complex and costly to treat – leading to a more positive experience for pets, their owners and vets,” she continued. Vets Dr Betty Chan and Dr Kylie have provided a few tips for those neglecting at-home pet checks. With skin allergies in dogs, which were the number one health condition for dogs in 2023, the vets recommend monitoring closely and taking them for regular checkups. They also said to stay up-to-date with flea treatments, which will help to avoid allergies triggered by itchy skin. While the number one condition for cats in 2022 was vomiting, this may indicate there is an issue with their gastrointestinal tract. The vets recommend feeding them a high-quality vet-recommended diet, avoiding sudden changes in their diet and increasing their water intake if they experience constipation. Image credit: Shutterstock

Family & Pets

"Not guilty": Richard Wilkins addresses fake arrest photos

Richard Wilkins has spoken out about a series of photos that have gone viral online, depicting his apparent arrest. The entertainment report set the record straight while chatting to 2GB's Ben Fordham, saying the photos were fake. "I have never been arrested," Wilkins said. He went on to say he has never been in such trouble with the law, claiming the images were either photoshopped or AI-generated. "I got arrested in London yesterday," Wilkins sarcastically told Fordham, referring to the image which shows him being grabbed by two police officers. "I don't know what to do about it, this has been going on for some time," he continued, noting how he has no idea why or how he's been put at the centre of "all this", with "this" including a false story circulating that he's been charged by the Bank of Australia for giving out incorrect financial advice live on air alongside Karl Stefanovic on Today. "It never happened," Wilkins said of the Bank of Australia scam, noting how the transcript of the false Today segment provided "looks really legit" but the fabricated conversation did not actually occur. "It's complete BS," Wilkins said. "The thought of anyone investing in anything because I was recommending it is quite disturbing, and I'd hate to think that that was happening." He went on to say that his name and face have been used for several months to try and fool people, with both staffers from Facebook and the Nine Network lawyers have been involved for months to resolve the issue, but it's only "getting worse." "It's a pain in the derrière," Wilkins said. Wilkins' discussion with Fordham comes days after his son, Christian Wilkins, denied his father's arrest took place. "For those wondering, yes these posts are fake," Christian wrote on his Instagram Story last week. He joked, "There's no way [Wilkins] would be seen not wearing skinny jeans." Image credits: Facebook

Legal

Nick Kyrgios’ assault charge dismissed after guilty plea

World no. 20 tennis player Nick Kyrgios faced the ACT Magistrates Court on Friday and dodged a conviction despite a guilty plea. Nick issued a guilty plea to common assault during an argument with his ex-girlfriend, Chiara Passari, over two years ago in 2021. Initially, he and his lawyers argued that the charge should be dropped due to his mental health. This was withdrawn when it was revealed to the court that he was not suffering from a “significant depressive illness” at the time. As Nick’s lawyer - Michael Kukulies-Smith - put it, there was "a relationship between the mental health and the offending - even though he no longer suffers it to the same extent today." It was then that Nick pleaded guilty to the charge of common assault. Although Magistrate Beth Campbell rejected the dismissal on mental health grounds, she ultimately dismissed the case, believing that a conviction was not warranted. The court was informed that Magistrate Campbell would be dealing with Nick’s case in the same manner that she would approach that of any other individual with the same charges, and that Nick’s status as a notable Australian figure would not come into play. “I am dealing with you in the same way I would deal with any young man in this court,” she said, “you are a young man who happens to hit a tennis ball particularly well." Although Magistrate Campbell agreed that Chiara Passari was clearly distressed over the 2021 assault, she went on to say that it appeared to be an isolated incident, and an “impulsive and unfortunate response” on Nick’s part. She noted that he was a “young man trying to extricate himself from a heightened emotional situation.” Michael Kukulies-Smith requested that a conviction not be recorded as Nick had been quick to display remorse for what he had done. Magistrate Beth Campbell went on to dismiss the charge later in the hearing, allowing that no conviction would be recorded. Nick issued a brief statement to reporters on his way out of the court, thanking the court and confessing that he was “sincerely sorry”. “I was not in a good place when this took place,” he said, “and I reacted to a difficult situation in a way I deeply regret. “Mental health is tough. Life can seem overwhelming. But I’ve found that getting help and working on myself has helped me to feel better and to be better.” Images: Getty

Legal

How many of these dirty habits are you guilty of?

An infographic has revealed people’s strangest and most disgusting behaviour – and it’s certainly an eye-opener! A survey of 1,500 Americans and Europeans asked them to admit their most bizarre (like making strange noises when you’re alone) and unhygienic behaviour (like skipping showers for days) to the truly disgusting (like enjoying the odour of your own wind). While these strange and dirty habits are probably best kept to oneself, the truly surprising takeaway is just how common some of these habits actually are! <img width="634" height="1063" src="http://i.dailymail.co.uk/i/pix/2017/09/27/20/44C90CAB00000578-4926508-image-a-34_1506539085178.jpg" alt="How odd: People confessed to eating boogers, smelling worn underwear, playing with their pubic hair, and skipping showers to build up a good stink" class="blkBorder img-share b-loaded" id="i-6ccf2883e6e3758d"/> <img width="634" height="1721" src="http://i.dailymail.co.uk/i/pix/2017/09/27/20/44C90C9C00000578-4926508-image-a-33_1506539055033.jpg" class="blkBorder img-share b-loaded" id="i-b5f0ad83b9b4849f"/> <img width="634" height="923" src="http://i.dailymail.co.uk/i/pix/2017/09/27/20/44C90CBA00000578-4926508-image-a-35_1506539101918.jpg" alt="Free-boobing: Nearly all American women (and most European women) surveyed said they take their bra off soon after arriving home" class="blkBorder img-share b-loaded" id="i-4bc2fc5896e52837"/> <img width="634" height="797" src="http://i.dailymail.co.uk/i/pix/2017/09/27/20/44C90C9100000578-4926508-image-a-37_1506539107393.jpg" alt="Clean up: Most women also said they wash their bras at least once a week" class="blkBorder img-share b-loaded" id="i-2640efee79d3a970"/> <img width="634" height="1119" src="http://i.dailymail.co.uk/i/pix/2017/09/27/20/44C90C7B00000578-4926508-image-a-38_1506539110089.jpg" alt="No surprise here: About half of the men polled admitted to playing with their balls" class="blkBorder img-share b-loaded" id="i-1d9f4435a75a88b0"/> Infographic credit: <a href="https://onlinedoctor.superdrug.com/index.html" target="_blank">Superdrug Online Doctor</a>

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William Tyrrell's foster mother pleads guilty to assault

Buxton crash driver pleads guilty over five teen deaths

Dr Charlie Teo speaks out after guilty finding

Charlie Teo’s fate after guilty finding

Aussies guilty of neglecting at-home pet care

"Not guilty": Richard Wilkins addresses fake arrest photos

Nick Kyrgios’ assault charge dismissed after guilty plea

How many of these dirty habits are you guilty of?

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