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Pierce Brosnan apologises after pleading guilty to Yellowstone offence

<p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>"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"</p> <p>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. </p> <p>"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.</p> <p>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.</p> <p>"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! 😉"</p> <p>It seems Brosnan's charm knows no bounds, even extending to placating aggrieved spouses with the promise of a celebrity encounter.</p> <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></p> </div> </blockquote> <p>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.</p> <p><em>Images: Instagram</em></p>

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“Unfathomable”: Former childcare worker facing 1,623 child abuse charges

<p dir="ltr"><em><strong>Warning: This article contains mentions of child sexual abuse that readers may find distressing.</strong></em></p> <p dir="ltr">A man from the Gold Coast is facing charges of child sexual abuse, after spending most of his life as a childcare worker. </p> <p dir="ltr">The 45-year-old has been charged with 1623 child abuse offences, including 136 charges of raping pre-pubescent girls. </p> <p dir="ltr">The alleged offences relate to 87 children in Australia and four overseas, and includes 110 counts of sexual intercourse with a child under 10.</p> <p dir="ltr">Australian Federal Police allege that the man carried out the offences while working at 10 different childcare centres in Brisbane between 2007-13 and 2018-22.</p> <p dir="ltr">The man is further alleged to have carried out offences at a single Sydney centre between 2014-2017, as well as overseas between 2013-14.</p> <p dir="ltr">Australian Federal Police Assistant Commissioner Justine Gough said the man recorded the assaults on his phone and on a separate camera. </p> <p dir="ltr">During a press conference on Tuesday, she described the “chilling news” as “unfathomable”.</p> <p dir="ltr">“We are highly confident that all 87 Australian children who were recorded in the alleged child abuse material have been identified,” she said.</p> <p dir="ltr">“The parents of all the Australian children recorded in the alleged child abuse material have been informed of the investigation.”</p> <p dir="ltr">“Some of the individuals identified in the alleged child abuse material are now aged over 18 years and have been informed.”</p> <p dir="ltr">Assistant Commissioner Gough said officers were still working with law enforcement overseas, in a country they have yet to name, to determine the identity of four more children. </p> <p dir="ltr">The man has been in custody since August 2022 when AFP charged him with two counts of making child exploitation material.</p> <p dir="ltr">Since his initial arrest, police discovered a plethora of the self-produced child abuse material, totaling almost 4,000 images and videos. </p> <p dir="ltr">“The genesis of Operation Tenterfield is linked to police locating alleged child abuse images and videos on the dark web in 2014,” Assistant Commissioner Gough said.</p> <p dir="ltr">“The AFP and other agencies examined the images, but they contain a few distinguishable clues for investigators to follow.”</p> <p dir="ltr">The investigation then led police to one of the childcare centres in Brisbane, and the subsequent warrant to raid the man’s home. </p> <p dir="ltr">“That warrant relates to 180 charges of child sexual abuse, and 23 victims are a part of those charges,” he said. </p> <p dir="ltr">“Those charges carry life imprisonment. Once this man faces the AFP charges here in Queensland, we will be seeking his extradition.”</p> <p dir="ltr">“This is one of the most horrific child abuse cases that I‘ve seen in nearly 40 years of policing.” </p> <p dir="ltr">“We are absolutely committed to prosecuting anyone who comes after our most vulnerable.”</p> <p dir="ltr"><em>Image credits: Australian Federal Police</em></p>

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Police lie in wait for Kyle Sandilands after on-air boasts

<p>Well, well, well, it seems like Kyle Sandilands has become quite the sensation among the law enforcement agencies.</p> <p>This Tuesday morning was no ordinary day for the radio star, as he drove into KIIS FM's studios only to find himself caught in a wild ambush by the cops. Yes, you read that right!</p> <p>In a video that was later shared on The Kyle and Jackie O Show's Instagram account, viewers were shown several police officers patiently waiting for Sandilands to arrive at the ungodly hour of 5:30 am. </p> <p>As Kyle stepped out of his luxurious $250,000 Cadillac Escalade Platinum 4WD, the officers approached him, ready to take action. But wait – it turns out this encounter wasn't your typical traffic stop. In fact, it was all about Kyle's on-air shenanigans!</p> <p>The station's employees spilled the beans, revealing that the police had a little chat with them while they eagerly waited for Kyle's arrival. Turns out, the boys in blue just wanted to have a friendly discussion with the father-of-one about his knack for making outrageous comments on the radio. </p> <p>"The highway patrol dude[s], they've come out and they've said, 'Listen, we've heard you on the air saying you think the coppers are after you," said Kyle. "And they've come out to tell me they're not after me."</p> <p>Kyle, being the smooth talker that he is, managed to talk himself out of any real trouble, with the audio recording from the station capturing his finesse in action. </p> <p>But here's the kicker: he didn't entirely believe their explanation. In fact, he expressed concern about his dwindling points on his driver's license, mentioning that he only had four left. </p> <p>However, the encounter did not end in tears or sirens blaring. In a surprising turn of events, Kyle decided to call one officer's fiancée, who happened to be a fan of the show, just to tell her that she had landed herself "a good one" in her law enforcement beau. Smooth move, Kyle, smooth move!</p> <p>Now, let's rewind to 2021 when Sandilands confessed to accumulating a whopping $16,000 worth of fines in just one year. He practically treats parking fines like they're going out of style.</p> <p>During a lively conversation with his manager and pal, Bruno Bouchet, on The Kyle and Jackie O Show, Kyle spilled the beans on his parking escapades. Apparently, he has witnessed firsthand the magical art of getting away with parking violations. </p> <p>According to Bruno, there are a few parking rangers who are loyal fans of the show and would rather not deal with the hassle of booking Kyle. But Kyle takes his parking rebellion to the next level. He boldly declared, "I never buy a ticket, I say f**k the local council, I'm not paying you $4, screw yourself!"</p> <p>The numbers don't lie, and neither does Jackie O's shocked expression. Let's break down the fines, shall we? 18 fines for "parking continuously longer than indicated" racked up a bill of $2,088. Kyle's blatant disregard for stop signs earned him 25 violations, totalling $5,675. And if that wasn't enough, stopping in a loading zone like it's his personal VIP parking spot resulted in a staggering 42 charges, adding up to $8,148. The grand total for the year? A jaw-dropping $15,911!</p> <p>Naturally, Jackie couldn't hide her disbelief and told Kyle that it was a "waste of money." But Kyle had an explanation (or maybe an excuse?) up his sleeve. He admitted that sometimes he mistakes the ticket fines for Domino's flyers on his car window. Ah, the struggles of a wealthy and famous man!</p> <p>In the grand scheme of things, $16,000 is pocket change for Kyle, who reportedly rakes in a mind-boggling $5 million per year for hosting The Kyle and Jackie O Show.</p> <p>Well, there you have it, folks, a true rebel fighting against the system, one parking ticket at a time.</p> <p><em>Images: KIIS FM</em></p>

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Sunshine Coast clown car driver charged with up to 11 offences

<p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">A 29-year-old man from the Sunshine Coast has been charged with multiple offences after allegedly driving a "dangerously modified clown car", also known as "Silly Sid" through the drive-through of a fast-food chain in Caloundra.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">It is alleged that Sam Eyles had purchased the vehicle, which was previously used to perform stunts at a circus, and modified it further to be able to perform a range of dangerous maneuvers.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">Mr Eyles is facing three counts of dangerous operation of a motor vehicle, two counts each of careless driving and drive with passenger unrestrained, as well as one count each of permit drive defective vehicle, drive defective vehicle, drive unrestrained and passenger fail to wear seatbelt.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">Police alleged Mr Eyles also performed several other dangerous stunts on separate occasions and uploaded videos to social media that have been viewed millions of times.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">Sunshine Coast Highway Patrol officer Darryl Campbell said the car was mechanically defective in a way where its centre of balance was thrown off to enable it to do front wheelies.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;">Police said after viewing the videos officers issued 70 traffic infringement notices totalling a combined total of $27,800 in fines and 99 demerit points to nine other people.</p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;"> </p> <p dir="ltr" style="box-sizing: inherit; margin: 0px 0px 5px; padding: 0px; border: 0px; font-size: 16px; vertical-align: baseline; color: #323338; font-family: Roboto, Rubik, 'Noto Kufi Arabic', 'Noto Sans JP', sans-serif; background-color: #ffffff; outline: none !important;"><em>Image: ABC Sunshine Coast</em></p>

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Maddie McCann suspect charged with sex offences

<p dir="ltr">Christian Brueckner, the only suspect in the Madeleine McCann case, has been charged with several sex offences. </p> <p dir="ltr">The 45-year-old, who is already in jail for raping a 72-year-old American woman in the Portuguese resort of Praia de Luz in 2005, is the only suspect in the Maddie McCann case.</p> <p dir="ltr">The Braunschweig prosecutor's office said Brueckner has been charged with several sex offences he committed in Portugal between December 28, 2000, and June 11, 2017.</p> <p dir="ltr">“The accused is the same person against whom charges were brought in connection with the disappearance of the then three-year-old British girl Madeleine Beth McCann,” they said in a statement. </p> <p dir="ltr">"Specifically, the accused is charged with three offences of aggravated rape and two offences of sexual abuse of children.”</p> <p dir="ltr">Police are however continuing their investigation into the disappearance of the then three-year-old who vanished in May 2007 from her bedroom in the Algarve apartment where her family were staying.</p> <p dir="ltr">"The investigation into the disappearance of Madeleine McCann continues."</p> <p dir="ltr">"In view of the ongoing investigation, it is not possible to provide any further information on the results of the investigation so far."</p> <p dir="ltr">Brueckner, who was first named as a suspect in the case in April 2022, has denied any involvement in the disappearance of Maddie.</p> <p dir="ltr"><em>Images: Getty</em></p>

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Man charged with historic offence of sabotage

<p dir="ltr">A New Zealand man is believed to be the first person to be charged with sabotage in the country’s history - an offence originating during World War II to prevent foreign interference.</p> <p dir="ltr">Graham Philip, an IT professional and anti-vaccination campaigner from Taupō on the North Island, was charged with seven counts of wilful damage in December last year, before the charges were upgraded by the Crown to seven counts of sabotage in May.</p> <p dir="ltr">However, the details surrounding the alleged offences are unknown after a High Court judge successfully sought a non-publication order, meaning that the details are to be kept secret, per the <em><a href="https://www.nzherald.co.nz/nz/taupo-man-graham-philip-charged-with-sabotage-believed-to-be-first-in-new-zealand-history/ZHOBLOZT5JG5HI4UGXGUQUUHJ4/" target="_blank" rel="noopener">NZ Herald</a></em>.</p> <p><span id="docs-internal-guid-fa89b0eb-7fff-7e5f-bee4-78727a469adf"></span></p> <p dir="ltr">It is understood that the judge made the order not to protect witnesses or out of fear of trial prejudice, but rather out of concern from authorities that publicising the details could lead to “copy-cat” offending.</p> <p dir="ltr"><img src="https://oversixtydev.blob.core.windows.net/media/2022/07/graham-philip1.jpg" alt="" width="1280" height="720" /></p> <p dir="ltr"><em>Graham Philip, an IT professional and anti-vaccination campaigner, has been charged with multiple counts of sabotage in a historic first for New Zealand. Image: Free Graham Philip (Facebook)</em></p> <p dir="ltr">Mr Philip, who has been on remand in prison since charges were laid in December, has pleaded not guilty to all of the upgraded charges, which relate to New Zealand infrastructure.</p> <p dir="ltr">According to the Crimes Act, sabotage is legally defined as any activity which impairs or impedes the operation of “any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant” on New Zealand shores.</p> <p dir="ltr">A charge of sabotage can also be laid if a person “damages or destroys any property which is necessary to keep intact for the safety or health of the public”.</p> <p dir="ltr">To be convicted of sabotage, a person must also have proven intent to prejudice the health or safety of the public, with each charge of sabotage carrying a maximum sentence of ten years in prison.</p> <p dir="ltr">Alexander Gillespie, a University of Waikato law professor who specialises in international and conflict law, told the <em>NZ Herald</em> that he isn’t aware of any instance where the charge of sabotage has been laid in New Zealand, primarily due to the offence being largely covered by modern terrorism legislation.</p> <p dir="ltr">“It's a historical offence. A lot of the rules around sabotage came out in the Second World War when we were scared about foreign interference," Gillespie said.</p> <p dir="ltr">Despite this, the legislation has been kept after societal unrest led to concerns about homegrown offences.</p> <p dir="ltr">"Then there was a concern about sabotage at the 1951 Waterfront strike. It was kind of a pre-terrorism charge, it came from a period when there was public disorder, but not terrorism as we know it today,” Professor Gillesie said.</p> <p dir="ltr">"It was mainly about the unions if I'm honest - the militant left. There were concerns some would do things like bring down bridges or destroy locomotives."</p> <p dir="ltr">Lawyer Matthew Hague, who is representing Mr Philip, also believes it is the first time someone has been charged with sabotage since the introduction of the Crimes Act in 1961.</p> <p dir="ltr">After Mr Philip unsuccessfully applied for bail in June, initial indications from court suggest that he won’t have his trial heard until late 2023, meaning he will have spent almost two years in prison before his case is heard.</p> <p dir="ltr"><span id="docs-internal-guid-ae5c21bd-7fff-a493-5e76-61dde35f2ca7"></span></p> <p dir="ltr"><em>Image: Free Graham Philip (Facebook)</em></p>

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Kevin Spacey speaks after fresh sex offence charges

<p>Kevin Spacey has finally broken his silence after being charged with four counts of sexual assault.</p> <p>There had been suggestions he could have been extradited from the US to the UK if he didn’t willingly appear in a London court, however in a statement given to US television program Good Morning America, the two-time Oscar winner said he would “voluntarily appear” in the UK to face the charges.</p> <p>Spacey said he was “confident” he could prove his innocence, after being charged on May 26 with four counts of sexual assault, as well as a charge of causing a person to engage in penetrative sexual activity without consent.</p> <p>All of the counts are alleged to have happened between 2005 and 2013.</p> <p>Four of the alleged offences are said to have taken place in London, while the other is alleged to have happened in Gloucestershire, in the south-west of England.</p> <p>Police opened an investigation into Spacey’s alleged crimes in 2017 and he was interviewed under caution by the police in 2019.</p> <p>In the statement to Good Morning America, Spacey said he “appreciated” that the CPS has pointed out he was entitled to a fair trial.</p> <p>“While I am disappointed with their decision to move forward, I will voluntarily appear in the UK as soon as can be arranged and defend myself against these charges, which I am confident will prove my innocence.” he said.</p> <p>The alleged offences date from when Spacey was artistic director of London’s Old Vic Theatre, in the city’s south, between 2004 and 2015.</p> <p><em>Image: Getty</em></p>

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Cafe offering $92,000 to pour coffees

<p dir="ltr">A cafe is offering baristas an impressive $92,000 salary to pour coffee.</p> <p dir="ltr">The Good Cartel in the Kimberley region of Western Australia is offering higher than industry rates for six positions at their cafe.</p> <p dir="ltr">The barista package offers a $92,030 salary and superannuation where the successful applicant must work 47 hours over five days, including the weekend.</p> <p dir="ltr">Those looking to keep their weekends free can apply for the barista position offering a $83,000 salary.</p> <p dir="ltr">Kitchen staff are offered almost $20,000 more at $112,464 annually to work 55 hours over the week, including weekends.</p> <p dir="ltr">For $102,000 kitchen staff can work and keep their weekends free, while drive-thru attendants are being offered $80,000 a year.</p> <p dir="ltr">Jack Kain, the owner of Good Cartel, said he was already paying higher industry rates but said it had become necessary in recent times to work with the rising cost of living.</p> <p dir="ltr">“It’s a better than usual strategy now with the labour shortage, which has now fallen well and truly off the cliff,” he told <a href="https://www.perthnow.com.au/news/wa/staff-shortages-force-kimberley-businesses-to-offer-baristas-90000-a-year--c-6064180" target="_blank" rel="noopener">Perth Now</a>.</p> <p dir="ltr">“When you combine this with the rental shortage and all of the various COVID restrictions incoming it’s going to be challenging.”</p> <p dir="ltr"><em>Image: Shutterstock</em></p>

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Tradie faces 36 offences after destroying 68-year-old’s home

<p><span style="font-weight: 400;">An unlicensed tradie has left a man’s house in ruin and drained his life savings - but he’s just one of the builder’s many victims.</span></p> <p><span style="font-weight: 400;">Tevita Ungounga has received multiple public warnings and convictions for various building offences, and has become well-known to Fair Trading and police.</span></p> <p><span style="font-weight: 400;">Ian O'Connor, one of Mr Ungounga’s victims, paid the builder $235,000 to build a seawall and renovate his house.</span></p> <p><span style="font-weight: 400;">Two years after the job commenced, the 68-year-old’s home is filled with unfinished rooms, holey walls, and still has no running water.</span></p> <p><img style="width: 396px; height:223px;" src="https://oversixtydev.blob.core.windows.net/media/7845577/tradie4.jpg" alt="" data-udi="umb://media/540e3d1b51e44be8b5c85991b011cce1" /></p> <p><em><span style="font-weight: 400;">Mr O’Connor sits in his unfinished home. Image: A Current Affair</span></em></p> <p><span style="font-weight: 400;">“He’s a pig, a disgusting pig,” Mr O’Connor told </span><em><a rel="noopener" href="https://9now.nine.com.au/a-current-affair/fake-tradie-who-destroyed-mans-home-draining-him-of-life-savings-exposed/a1de65e0-e586-447f-bb60-f761a0968c64" target="_blank"><span style="font-weight: 400;">A Current Affair</span></a></em><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">“He seemed quite nice, very friendly, but I guess you could say most conmen are.”</span></p> <p><span style="font-weight: 400;">Mr O’Connor lost his life savings, and has had to delay his retirement and continue working so he can rebuild his home.</span></p> <p><span style="font-weight: 400;">Mr Ungounga has since been accused of fraudulently obtaining more than $220,000 from homeowners for incomplete or defective work to their homes.</span></p> <p><span style="font-weight: 400;">He is currently facing these allegations in court.</span></p> <p><span style="font-weight: 400;">However, complaints about Mr Ungoungu date back to 1998, when he was jailed for 60 days after failing to declare an estimated income of $1.4 million to Hawaii’s tax department.</span></p> <p><span style="font-weight: 400;">In a civil case, Hawaii’s Regulatory Industries Complaints Office was quoted by the media saying Mr Ungounga was “just very, very good at what he does”.</span></p> <p><img style="width: 396px; height:223px;" src="https://oversixtydev.blob.core.windows.net/media/7845578/tradie3.jpg" alt="" data-udi="umb://media/844a284e694e4545a429e5c8b34f21da" /></p> <p><em><span style="font-weight: 400;">Mr Ungounga and his wife Siosiana. Image: A Current Affair</span></em></p> <p><span style="font-weight: 400;">In 2015, Mr Ungounga and his wife Siosiana received a combined fine of $90,000 under the company name T &amp; T Sandstone. They were fined for engaging in significant residential building work in Australia without a licence.</span></p> <p><span style="font-weight: 400;">After the incident with Mr O’Connor, Mr Ungoungu was sentenced to a 14-month intensive corrections order this year.</span></p> <p><span style="font-weight: 400;">He has also been charged with 36 offences by NSW Police, and has been the subject of three public warnings issued by Fair Trading in the last two years.</span></p> <p><span style="font-weight: 400;">The warnings related to his status as an unlicensed and uninsured tradie, with the organisation urging customers to do their checks before employing Mr Ungoungu.</span></p> <p><span style="font-weight: 400;">“I never take the money and go, I do the job,” Mr Ungoungu told </span><span style="font-weight: 400;">A Current Affair</span><span style="font-weight: 400;">.</span></p> <p><em><span style="font-weight: 400;">Images: A Current Affair</span></em></p>

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The offence of a child possessing spray paint without a lawful purpose in NSW

<p><em>Image: Getty </em></p> <p>Once just an American holiday that Australians would see on the big screen in movies like ET, Halloween has slowly, but steadily made its way to our shores.</p> <p>And every year it just seems to get bigger here.</p> <p>The shops have been full of decorations and paraphernalia for weeks, and now that Sydney, and most of New South Wales, are no longer under lockdown restrictions, it’s likely that many families are looking forward to participating on 31 October 2021, taking the opportunity to get together with the neighbours, have some fun and feel a sense of ‘normalcy’.</p> <p>But what’s it going to be like to celebrate Halloween in the time of Covid?  Well, it’s undoubtedly going to be an event that puts health and safety first.</p> <p><strong>Health Advice</strong></p> <p>Families are being encouraged to check in with the<span> </span>NSW Health website<span> </span>to check on any restrictions in their local area.</p> <p>These are likely to include using hand sanitiser and face covering, only handing out and accepting individually wrapped treats, keeping group and visiting sizes down, and exercising physical distancing.</p> <p><strong>Stay on the right side of the law!</strong></p> <p>Of course, children should always be supervised by a responsible adult who can oversee their personal safety.</p> <p>Anyone driving should remember that Halloween tends to be a night that kids rule the streets, so drivers need to be wary, particularly at dusk when visibility is reduced.</p> <p>Pedestrians should stick to footpaths and designated crossings, and also be aware of road safety.</p> <p>Unfortunately, this is also a night where the kids can get out of control!</p> <p>‘Sugar highs’, peer pressure and the false confidence provided by a superhero costume can lead to some kids and teens behaving badly – potentially even finding themselves on the wrong side of the law by engaging in activities like egging houses and cars, damaging plants and foliage, and other<span> </span>acts of vandalism and graffiti.</p> <p><strong>The offence of graffiti in NSW </strong></p> <p>Section 4 of the Graffiti Control Act 2008 (NSW), a person who marks a premises or property can face a penalty of up to 12 months in prison and/or a $2,200 fine if the prosecution is able to prove beyond reasonable doubt that:</p> <ol> <li>The marking was done intentionally,</li> <li>There was no consent from the owner of the premises or property that was marked on;, and</li> <li>Either:</li> </ol> <ul> <li>A graffiti implement was used for marking the premises or property. This includes, spray paint, maker pen, or anything designed to produce a mark that’s not readily removable by wiping it (or by use of water or detergent); or</li> <li>The marking was done in such a manner that it isn’t readily removable by wiping it (or by using water or detergent).</li> </ul> <p><strong>The offence of a child possessing spray paint in NSW </strong></p> <p>Section 8B of the Act<span> </span>makes it an offence for a person under the age of 18 years to possess spray paint in a public place. The maximum penalty for this offence is 6 months in prison and/or an $1,100 fine.</p> <p>A ‘public place’ is defined as<span> </span>a place (whether or not covered by water), or a part of premises,</p> <p>that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.</p> <p>The defences to this particular offence are where:<br />(a)  the spray paint  was intended for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or</p> <p>(b)  the spray paint was for another defined lawful purpose and was at or in the immediate vicinity of the place where the spray paint can was being used or intended to be used for that defined lawful purpose.</p> <p><strong>The offence of intentionally or recklessly damaging a property in NSW</strong></p> <p>Graffiti vandalism by way of marking surfaces can also result in criminal charges of<span> </span>intentionally or recklessly destroying or damaging property, which is an offence under<span> </span>section 195 of the Crimes Act 1900 (NSW)<span> </span>and comes with a maximum penalty of 5 years in prison.</p> <p>Intentionally means wilfully or purposely, while recklessly means foreseeing the possibility of damage or destruction but proceeding regardless.</p> <p>Courts have found that property is considered to have been damaged where:</p> <ul> <li>There is permanent damage,</li> <li>There is temporary functional derangement,</li> <li>There is temporary impairment of usefulness,</li> <li>The physical integrity of the property is altered, or</li> <li>The property is rendered imperfect or inoperative.</li> </ul> <p>Some examples of conduct found by the courts to constitute damage include:</p> <ul> <li>Placing a blanket in a toilet and flushing,</li> <li>Letting down the tyres of a car,</li> <li>Painting graffiti on walls or floors, and</li> <li>Breaking a raw egg on the windscreen of a car.</li> </ul> <p><strong>The offence of trespassing in NSW </strong></p> <p>Trick or treaters should also be aware that not everyone participates in Halloween and for some it can be a real nuisance, and if you’re on someone’s property and they don’t want you there, you can also be charged with trespassing.</p> <p>Trespassing – which is also known as entering inclosed lands without permission – is an offence under<span> </span>section 4 of the Inclosed Lands Protection Act 1901 (NSW),<span> </span>which makes it an offence to enter inclosed lands without permission which carries a maximum fine of $550.</p> <p>Section 4A of the Act<span> </span>imposes steeper penalties for remaining on the premises after the owner or occupier directs you to leave. In such a case, the maximum fine is $2,200 where the land is a ‘prescribed premises’ such as a school, hospital, child care centre or nursing home,  or $1,100 in all other cases.</p> <p>This article originally appeared on <a href="https://www.sydneycriminallawyers.com.au/blog/the-offence-of-a-child-possessing-spray-paint-without-a-lawful-purpose-in-nsw/">Sydney Criminal Lawyers.</a></p> <p> </p>

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Aussie babysitter charged with 194 sex offences

<p>Jareth Harries-Markham, a 23-year-old man from Western Australia, has been charged with 194 sex offences involving a dozen children he molested when he was working as a childminder.</p> <p>Police say Harries-Markham advertised his services online on a site and then allegedly sexually assaulted his victims while babysitting them.</p> <p>The alleged victims are aged between eight months and nine years old, and are said to have happened between July last year and August this year.</p> <p>Harries-Markham was arrested in August and initially charged with 14 offences, but in a Perth Magistrate’s Court on Monday, it was revealed he is now facing a total of 194 charges relating to nine separate alleged victims.</p> <p><strong>Charges include possessing prohibited weapons</strong></p> <p>These charges include the sexual penetration of a child under 13, indecently dealing with a child under 13, possessing and producing child exploitation material, and possessing prohibited and controlled weapons.</p> <p>The 23-year-old appeared in court via video link but only spoke to confirm his name.</p> <p>Harries-Markham advertised his services on WeNeedANanny.com, describing himself as someone who loved “helping bring up kids to be the best they can be”.</p> <p>He said he had four years’ experience in babysitting, a ‘Working With Children’ check, a police check and a certificate in first aid.</p> <p>‘I’m a pretty easy-going guy who is open to care for any age any hours,’ he wrote on the website.</p> <p>‘Open to handling things anyway the family wants,’ he added.</p> <p>Harries-Markham will be back in court again on October 18.</p> <p><em>Image: 7News</em></p> <p><em> </em></p> <p><em> </em></p>

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Police officer charged with 98 criminal offences

<p><em><strong>Sensitive Content Warning </strong></em></p> <p>A former Victorian police officer has faced the Melbourne Magistrates court, charged with 98 criminal offences including rape and stalking, which were allegedly committed while he was a serving officer.</p> <p>41-year old Brett Johnson is facing 98 charges including three counts of sexual assault, three counts of indecent assault and one of stalking.</p> <p>Amongst the allegations he faces is one that he raped a woman at a police station and had intimate relationships with a person who was either a victim of crime or a vulnerable member of the community, also that he concealed these relationships from his supervisors.</p> <p>Prior to resigning from the force, Mr Johnson was a Leading Senior Constable. He also faces charges of misconduct, including that he used a Victoria Police database to conduct unauthorised checks on a person. He will return to court in November.</p> <p>It is rare for a police officer to face criminal prosecution in Australia.</p> <p><strong>Police accountability </strong></p> <p>In New South Wales, the Police Force itself is primarily responsible for investigating complaints involving officers.</p> <p>The Law Enforcement Conduct Commission, (LECC) tends to focus its attention on more serious cases of misconduct and maladministration. The body is both chronically underfunded and has no power to bring charges or otherwise discipline officers.</p> <p>As a general guide, misconduct is defined as conduct that could result in prosecution for a serious offence – being an offence punishable by imprisonment for life or for a term of 5 years or more – or serious disciplinary action, such as termination of employment.</p> <p>Because, in the first instance, police generally investigate any complaints made against officers, it effectively allows police officers to investigate their own.</p> <p>As such, there have long been calls to change the system to one that allows for more impartiality.</p> <p>This current system leaves many victims feeling unsatisfied and aggrieved, and they choose to make a civil claim against the NSW Police Force.</p> <p>These civil proceedings can be extremely costly, stressful and prolonged – and are therefore rarely pursued.</p> <p><strong>“The cost of doing business” </strong></p> <p>Early last year, information released by the former head of the LECC in New South Wales showed that since 2016 NSW police had reported paying more than $238m in legal liability. Former LECC Commissioner, Patrick Saidi, accused the NSW Police of treating this as ‘the cost of doing business’.</p> <p>Mr Saidi called for an investigation into the “systematic failure” of law enforcement to address the number of civil cases filed against officers for misconduct, saying that the sums paid by taxpayers as a result of lawsuits brought against police provided “misinformation” about the way the organisation handled complaints and legal cases.</p> <p>Part of the reason figures and accurate information is so hard to obtain with accuracy is that ‘out of court settlements’ with government departments generally include gag orders, or ‘confidentiality agreements’ which stop parties from discussing any aspects of the case or the settlement.</p> <p>Other obstacles to obtaining the full financial picture include the fact that data is not held solely by NSW Police — sometimes it is held within other departments. Additionally, of course, the NSW police force is insured so some costs for liability may be covered.</p> <p>But later in 2020, documents obtained by the NSW Greens, showed NSW Police had spent $24m on legal settlements in the previous financial year, including settlements for serious misconduct claims including battery, false imprisonment and malicious prosecution.</p> <p>The documents also showed that Police defended and settled almost 300 civil claims against officers during the same period.</p> <p>Justice advocates have long criticised the lack of transparency surrounding civil legal cases against NSW police, not just the outcomes for victims, but how the police officers involved were disciplined by the force.<strong> </strong></p> <p><strong>NSW officers facing criminal charges </strong></p> <p>Police are rarely held fully accountable for crime, corruption or other forms of misconduct.</p> <p>Even in the face of serious allegations, criminal charges or civil action, many are often allowed to remain (some with full pay) on the force until court processes are complete, others are demoted or moved to different areas within the organisation.</p> <p>But, there are dozens of examples of police officers who have committed serious criminal offences, using their trusted position to assist in the perpetration of crimes.</p> <p>Last year, two Sydney police officers were arrested and charged with sexual offences against a 17-year old schoolgirl.</p> <p>The financial cost aside, the failure of police officers to abide by the laws they are meant to enforce creates a real sense of mistrust between communities and authorities. The lack of confidence in police has become so pronounced in the eyes of many that victims will often fail to report offences committed against them.</p> <p>This distrust has been growing in New South Wales for some years, because of increasingly aggressive arrests, strip searches, and the prolific use of tasers and batons, which in many instances have amounted to police brutality.</p> <p>Yet, NSW Police Commissioner Mick Fuller has regularly defended offending officers, including those who illegally strip search children and young women, and has even been given substantial pay rises, for his efforts, including a time when there is a hiatus on pay rises for all other government employees.</p> <p>It has to be asked whether these continual raises in remuneration are any real incentive to actually change the culture of the force, or to implement strategies to improve public relations and restore the public’s faith in its police officers, a service which costs more than $3.4 billion a year to run, a cost that is funded by taxpayers.</p> <p><em>Written by Sonia Hickey. Republished with permission of </em><a href="https://www.sydneycriminallawyers.com.au/blog/former-police-officer-charged-with-98-criminal-offences/"><em>Sydney Criminal Lawyers.</em></a></p>

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Australia's "worst driver" accused of losing more than 500 demerit points

<p>Kevin Jones could well hold Australia's worst driving record as an alleged repeat disqualifier who has racked up more than 500 demerit points.</p> <p><em>A Current Affair</em><span> </span>confronted him as Jones attended Parramatta court this week.</p> <p>"Can you explain how you could possibly have lost more than 500 demerit points?" he was asked.</p> <p>"And $70,000 in fines?"</p> <p>Jones wore a face mask, sunglasses, a baseball hat and a hoodie to conceal his identity.</p> <p>"Mr Jones, haven't you got any sort of explanation at all?" Simon Bouda persisted.</p> <p>"You're going to be pleading not guilty ... is that the case?"</p> <p>His lawyer spoke for him.</p> <p>"We wish not to comment," his lawyer replied.</p> <p>"As I indicated the matter is before the courts."</p> <p>Despite Jones going home in a taxi,<span> </span><em>A Current Affair</em><span> </span>was waiting at his house to bombard him with questions.</p> <p>"Mr Jones, you didn't drive home? Wise choice – getting a cab," Mr Bouda said.</p> <p>Retired New South Wales Traffic and Highway Patrol Commander Mick Corboy had a lot to say about Jones' flouting of the rules.</p> <p>"To see these people that constantly flout the laws and get up points and even keep driving after they've been to court a number of times ... very frustrating for the police and it's something the police take very seriously.</p> <p>"There's recent research that actually says that people who flout the law, people who have points or are disqualified are often involved in more serious crashes because they're risk takers and they take that chance."</p> <p>Mr Jones will face court again in April next year.</p> <p><em>Photo credits:<span> </span></em><a rel="noopener" href="https://9now.nine.com.au/a-current-affair/australias-worst-driver-alleged-repeat-disqualified-driver-loses-over-500-demerit-points/1d8e0e45-6c3b-44d6-89a7-55b29a1a727f" target="_blank"><em>9now</em></a></p>

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Children’s app creator faces court over child abuse material and illegal filming offences

<p>An Adelaide man who recently launched an educational children’s app has faced court after being accused of possessing child abuse material and covertly filming women inside their homes.</p> <p>Video producer Luke Tregloan, 45, was arrested by the South Australian Joint Anti Child Exploitation Team on Friday after an investigation involving the federal and state police.</p> <p>Police allege he used a female persona to upload child abuse material to an online platform.</p> <p>It is alleged that investigators found a collection of child exploitation material on Tregloan’s mobile phone, along with a “significant” number of videos that were filmed from outside Adelaide homes showing women involved in sexual activity and various states of undress.</p> <p>Tregloan has been charged with one count of possessing child abuse material, one count of indecent filming and one count of using a carriage service to access child abuse material.</p> <p>“The person viewing this abhorrent material is as complicit as the person making and distributing the product,” said AFP detective acting superintendent Gavin Stone.</p> <p>“Protecting children is paramount and everyone has a role to play because these are crimes against our common future.”</p> <p>Tregloan, a father of two, was remanded in custody following his appearance before the Adelaide Magistrates Court on Monday. He will return to court next Monday.</p> <p>Last year, Tregloan designed and launched the children’s smartphone app Hip Hop Kangaroo and Friends featuring scenes filmed at South Australian locations.</p>

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Westpac accused of enabling illegal offences

<p>In amongst all of the COVID-19 news and updates, it seems we’ve been distracted from a lot of other important social issues.</p> <p>Climate change and domestic violence, for example, as well as the fact that Westpac is being investigated over allegations that it’s banking systems enabled child sexual offenders to access <a href="https://www.sydneycriminallawyers.com.au/criminal/offences/sexual-offences/child-abuse-material/">child abuse material</a> via international transfers without raising any red flags.</p> <p>In November last year, the Australian Transactions Reports and Analysis Centre – or AUSTRAC – accused the banking giant of facilitating transactions that enabled child exploitation in the Philippines.</p> <p>AUSTRAC is a federal agency established to monitor financial transactions in order to identify <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/money-laundering/">money laundering</a>, organised crime, tax evasion, welfare fraud and terrorism.</p> <p><strong>Failure to report</strong></p> <p>AUSTRAC alleges that Westpac unlawfully failed to notify it of 23 million international transactions that breached anti-money laundering and counter-terrorism finance laws. It has accused the bank of failing to comply with laws which required it to report more than 19.5 million international fund transfers over a five year period, valued at $11 billion.</p> <p><strong>Criminal</strong> <strong>Investigation</strong></p> <p>Investigations by the Australian Federal Police (AFP), the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority ensued have resulted in proceedings that are before the Federal Court.</p> <p>The scandal has led to the resignation of Westpac Chairman Lindsay Maxsted and CEO Brian Hartzer, although Mr Hartzer was officially paid out his multi-million dollar severence.</p> <p><strong>Hypocrisy</strong></p> <p>Ironically, at the time the transactions were occurring, <a href="https://www.sydneycriminallawyers.com.au/blog/westpac-accused-of-enabling-child-sex-trafficking/">Westpac hosted a lavish business function with US-based human trafficking expert Christine Dolan</a> as the guest speaker. This, along with the present allegations, has led to accusations of hypocrisy and shareholders abandoning the organisation.</p> <p>One high profile customer, child protection advocacy group Bravehearts, said:</p> <p>“Child sexual assault and exploitation happens in the darkest of corners and Westpac had an opportunity to shine a light on it. Instead they showed an unbelievable and inhumane disinterest.”</p> <p><a href="https://amp.abc.net.au/article/12146360">The bank could be fined as much as $900m</a> – the highest fine ever given to an Australian  bank. CBA currently holds the record at $700m – paid to AUSTRAC in 2018 for systemically failing to report around 54,000 suspicious transactions made through its “intelligent deposit machines”.</p> <p>In its statement of claim, AUSTRAC outlined 12 customer cases where repeated suspicious payments were made to the Philippines in a pattern that should have raised red flags about potential child abuse.</p> <p><strong>How did it happen?</strong></p> <p>These customers were using Westpac’s LitePay – a low-cost overseas transfer option for sending money to Britain, the eurozone, India and the Philippines. There are regulations in place that banks are supposed to adhere to – careful monitoring of all overseas transactions. Anything suspicious – that could potentially be money laundering or financing a crime or terrorism – needs to be reported to Australian authorities for further investigation.</p> <p>Transfers to the Philippines should have been checked, primarily because the Philippines is well-known as a child-sex offending hot spot. In fact, according to reports, in December 2016 AUSTRAC provided banks, including Westpac, with a briefing outlining the typical financial profile of someone engaged in child exploitation that should sound the alarm in automated detection systems.</p> <p>Banks were told to be alert for people with no obvious family links to the Philippines or South-East Asia, who were sending small sums of money to lots of different people, often over a short period of time. Banks were also specifically told to report such transactions to regulators. In some cases, Westpac customers who made these transactions also travelled to the Philippines which the bank would also have been aware of because of activity on their accounts.</p> <p>But it was not until mid-way through 2018 that Westpac finally implemented a detection system that functioned correctly, allowing it to effectively monitor these transactions.</p> <p><strong>What about a bank’s duty to protect personal privacy?</strong></p> <p>While your bank does have a duty to protect the information it holds on current and former customers, each bank has its own privacy policy which outlines the circumstances in which your information will be given to a third party – one of these circumstances is when the banks are compelled by law to do so.</p> <p><strong>What will be the consequences?</strong></p> <p>Aside from the lack of reporting around suspicious transactions that should have raised child abuse red flags, AUSTRAC says the bank did not report around 19.5 million international funds transfers, plus numerous other alleged breaches of the law.</p> <p>In total AUSTRAC alleges 23 million breaches of the law. Each of these carries a maximum penalty of $17 to $21million, which means that theoretically the bank’s liability would end up amounting to trillions of dollars which it would never be able to pay.</p> <p>The more likely outcome is a settlement or court-determined penalty.</p> <p>Westpac’s directors and senior managers face potential bans from the banking industry as a result of investigations too.  But the sad fact is that as a result of its lack of oversight and adequate detection systems, many vulnerable children endured something preventable.</p> <p>What Westpac ends up paying, or how many of its senior people end up having to find new careers won’t make up for the unimaginable human suffering.</p> <p><em>Written by Sonia Hickey. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/westpac-accused-of-enabling-child-sexual-offences/">Sydney Criminal Lawyers.</a> </em></p>

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The offence of filming a private act without consent in Sydney

<p>A truck driver has faced <a href="https://www.sydneycriminallawyers.com.au/courts-we-attend/downing-centre-local-court/">Downing Centre Local Court</a> accused of using his mobile phone to film a naked woman while she was showering at the Sydney Morning Herald’s Sydney offices, and film a woman while she was showering.</p> <p>The 25-year old man, Braiden Head, from Western Sydney, allegedly entered the female changing rooms in the building between 10.10am and 10.30am.</p> <p>The woman claims she entered the shower at around 10am and, several minutes later, noticed the phone pointed at her. She says she attempted to chase the person but failed to catch up with him, before contacted police who arrested and charged the defendant the following day.</p> <p>Mr Head is not an employee of the Nine Entertainment Co. Holdings Limited – the owners of the Sydney Morning Herald. Nine’s management says they are unaware how the man entered the building, although <a href="https://www.news.com.au/national/nsw-act/courts-law/woman-allegedly-filmed-while-having-a-shower-at-work/news-story/2d7c9bd6f8fb7e9b206ded998c1b96a9">it has been reported</a> he is a driver for a uniform and wash room supply company.</p> <p>Mr Head has pleaded not guilty to filming a private act without consent and is scheduled to reappear in Downing Centre Local Court in April.</p> <p><strong>The offence of filming a person engaged in a private act</strong></p> <p><a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/filming-person-engaged-in-private-act/">Filming a person engaged in a private act</a> Is an offence under <a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s91k.html">section 91K of the Crimes Act 1900</a> which carries a maximum penalty of 2 years in prison.</p> <p>To establish the offence, the prosecution must prove beyond reasonable doubt that:</p> <ul> <li>You filmed another person,</li> <li>The person was engaged in a private act,</li> <li>The filming was for your sexual arousal or sexual gratification,</li> <li>You did not have consent to undertake the filming, and</li> <li>You knew you did not have consent to undertake the filming.</li> <li>The maximum penalty increases to 5 years in prison where:</li> <li>The person filmed was under the age of 16, or</li> <li>You installed a device for the purpose of the filming.</li> <li>A ‘private act’ is defined as:</li> <li>A state of undress</li> <li>Using the toilet, showering or bathing</li> <li>A sexual act of a kind not ordinarily done in public, or</li> <li>Any other like activity.</li> </ul> <p><em>Written by Sonia Hickey and Ugur Nedim. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/the-offence-of-filming-a-private-act-without-consent-in-nsw/">Sydney Criminal Lawyers.</a></em></p>

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Cartel offences in Australia: The crime of anti-competitive conduct

<p>Japanese shipping company Kawasaki Kisen Kaisha Ltd – also known as K-Line – was fined $34.5 million over cartel conduct in the Federal Court <a href="https://www.accc.gov.au/media-release/k-line-convicted-of-criminal-cartel-conduct-and-fined-345-million">in August of 2019 </a>. K-Line admitted to engaging in anti-competitive conduct with other shipping companies between July 2009 and September 2012, which amounted to criminal offence under Australian law.</p> <p>A <a href="https://www.accc.gov.au/system/files/Cartel%20conduct%20how%20it%20affects%20your%20business.pdf">cartel exists</a> when two or more businesses illegally agree to work together, instead of competing.</p> <p>Such conduct allows those involved to control and restrict how a market operates, which in turn, drives up profit margins for the companies, whilst maintaining the illusion of competition.</p> <p>The cartel that K-Line was involved in had been operating since <a href="https://www.accc.gov.au/media-release/k-line-convicted-of-criminal-cartel-conduct-and-fined-345-million">at least February 1997</a>. The companies involved were found to be fixing prices on the transportation of vehicles, such as cars, trucks and buses, being shipped to Australia from the US, Asia and Europe.</p> <p>“Cartel conduct, such as that engaged in by K-Line,” <a href="https://www.accc.gov.au/media-release/k-line-convicted-of-criminal-cartel-conduct-and-fined-345-million">said</a> Australian Consumer and Competition Commission (ACCC) chair Rod Sims, “not only cheats consumers and other businesses through inflated prices and costs, but also restricts healthy economic growth and discourages innovation.”</p> <p>The Commonwealth Director of Public Prosecutions (CDPP) laid the charges <a href="https://www.accc.gov.au/media-release/criminal-cartel-charges-laid-against-k-line">in November 2016</a>. K-Line ultimately pleaded guilty <a href="https://www.accc.gov.au/media-release/second-shipping-company-pleads-guilty-to-criminal-cartel-conduct">in April last year</a>. And on <a href="https://www.accc.gov.au/media-release/k-line-convicted-of-criminal-cartel-conduct-and-fined-345-million">2 August this year</a>, the Federal Court ordered the largest ever criminal fine imposed under the Competition and Consumer Act 2010 (Cth) (the CC Act).</p> <p><strong>Federal Court proceedings</strong></p> <p>K-Line was charged with <a href="https://incompetition.com.au/2019/08/heavy-fines-on-the-high-seas-for-criminal-cartel-conduct/">39 counts</a> of giving effect to a cartel provision, contrary to <a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s45ag.html">section 45AG</a> of the CC Act. The Japanese company subsequently agreed to plead guilty to a single merged (or ‘rolled up’) charge under the section.</p> <p>The maximum penalty for the offence is a fine not exceeding the greater of three options. The first is a $10 million fine. The second is the total value of the benefits gained by the conduct. And the third is 10 percent of the firm’s earnings over the 12 months prior to committing the offence.</p> <p>In the case of K-Line, the third option applied. This meant that the maximum penalty was $100 million. The court held that the company should be fined $48 million. However, due to its early guilty plea, a 28 percent discount was allowed, which brought the fine down to $34.5 million.</p> <p>Federal Court Justice Michael Wigney <a href="https://www.accc.gov.au/media-release/k-line-convicted-of-criminal-cartel-conduct-and-fined-345-million">said that</a> the penalty “should send a powerful message” that “anti-competitive conduct will not be tolerated and will be dealt with harshly”, when it comes before the court.</p> <p><strong>Cartel conduct</strong></p> <p>The ACCC is an independent federal government authority charged with protecting consumer rights, ensuring business obligations and preventing illegal anti-competitive behaviour, which includes investigating cartel activities.</p> <p>The anti-competitive actions of cartels are known as cartel conduct. This includes price fixing, dividing up markets so each participant is shielded from competition, rigging bids and controlling output of or limiting the goods and services available to consumers.</p> <p>The commission states <a href="https://www.accc.gov.au/business/anti-competitive-behaviour/cartels#report-a-cartel-apply-for-immunity">on its website</a> that cartels are not only “illegal and immoral” because they “cheat consumers”, but as well, they “restrict healthy economic growth” through outcomes, such as artificially increasing prices, reducing innovation, increasing taxes and destroying other businesses.</p> <p>Under its investigative powers, the ACCC can compel individuals and companies to provide information regarding any suspect behaviour, it can seek warrants from a magistrate, which can be executed at a company’s premises, and it can notify the AFP about any cartel conduct.</p> <p>On 15 August 2014, the ACCC and the CDPP signed a memorandum of understanding regarding cartel conduct, which sees the commission in charge of investigating serious misconduct and referring it onto to the CDPP for prosecution considerations.</p> <p><strong>Further cartel offences</strong></p> <p>Under the CC Act, along with section 45AG, there’s another criminal cartel offence contained in <a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s45af.html">section 45AF</a>, which involves a corporation making a contract or agreement that contains a cartel provision as part of it. The same penalties apply as under 45AG.</p> <p><a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s45aj.html">Section 45AJ</a> of the CC Act makes it a civil offence for a corporation to make a contract containing a cartel provision, while <a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s45ak.html">section 45AK</a> makes is a civil offence for a corporation to give effect to a cartel provision.</p> <p><a href="http://www5.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s79.html">Section 79</a> of the CC Act provides that an individual who contravenes, or attempts to contravene, the <a href="https://nswcourts.com.au/articles/proving-criminal-charges-main-and-alternative-charges/">criminal offences</a>under sections 45AF and 45AG has committed a crime. And such a person can be sentenced to up to 10 years imprisonment or fined $420,000.</p> <p>The ACCC makes clear that it’s “illegal for a corporation to indemnify its officers against legal costs and any financial penalties”.</p> <p><strong>The Harper reforms</strong></p> <p>The K-Line conviction follows that of another corporation involved in the same cartel. On 3 August 2017, Nippon Yusen Kabushiki Kaisha (NYK) <a href="https://www.accc.gov.au/media-release/nyk-convicted-of-criminal-cartel-conduct-and-fined-25-million">was convicted</a> and fined $25 million over its cartel conduct. And there are investigations continuing into other alleged cartel members.</p> <p>The NYK conviction marked the first successful prosecution under the new cartel criminal provisions of the CC Act, which came in as part of the <a href="https://www.australiancompetitionlaw.org/hottopics/harperreforms.html">2017 Harper reforms</a>. These were recommended in the <a href="http://competitionpolicyreview.gov.au/files/2015/03/Competition-policy-review-report_online.pdf">March 2015 Competition Policy Review report</a>.</p> <p>Two pieces of legislation were passed in parliament in late 2017, which amended the CC Act. The reforms simplified local cartel laws in ways that included narrowing jurisdictional reach, extending the provisions to apply to acquisitions of goods and services and increasing the standard of proof.</p> <p><strong>Ongoing prosecutions</strong></p> <p>And the third prosecution under the new laws is now underway. On 23 August, the CDPP <a href="https://www.accc.gov.au/media-release/global-shipping-company-wallenius-wilhelmsen-charged-with-criminal-cartel-conduct">laid charges</a> related to alleged cartel conduct in the NSW District Registry of the Federal Court against Norwegian-based global shipping company Wallenius Wilhelmsen Ocean.</p> <p>The charges relate to the shipping of vehicles to Australia over the period June 2011 to July 2012. This matter has already been investigated and prosecuted in a number of other jurisdictions around the globe, including the United States.</p> <p>ACCC chair Sims <a href="https://www.accc.gov.au/media-release/global-shipping-company-wallenius-wilhelmsen-charged-with-criminal-cartel-conduct">explained in a recent statement</a> that “this is the third prosecution involving an international shipping company engaging in alleged cartel conduct where criminal charges have been laid under the Competition and Consumer Act”.</p> <p>The commission declined to comment further on the case, as it is currently before the courts. And the first mention of the matter was set to be made last Thursday.</p> <p><em>Written by Paul Gregoire. Republished with permission of </em><a href="https://www.sydneycriminallawyers.com.au/blog/cartel-offences-in-australia-the-crime-of-anti-competitive-conduct/"><em>Sydney Criminal Lawyers.</em></a></p>

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