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"Felt like a criminal": Mother and disabled son "kicked out" of Pink concert

A distraught mother has taken to social media to recall the moment her and her seven-year-old son, who has Down syndrome, were asked to leave a concert venue. Vanessa Vasey, 48, spent over $1,000 to take her son Jesse to see Pink in London during her UK stadium tour, but when the pair arrived at the venue, things took a turn. Jesse struggled to stay still in his seat and was soon surrounded by "six security guards" who ordered the disabled boy to sit down, otherwise they would have to leave. She said she tried to explain her son’s condition to the guards but they ended up being “escorted from the premises” just as Pink took to the stage. On Facebook, Vasey wrote in detail about what happened, saying her son had been “robbed” of a special experience. “Music is his life and Pink is one of his absolute favourites,” she wrote. “We successfully saw her perform at BST Hyde Park last year and were thrilled to learn of her return again this year.” Vasey said she purchased more expensive “hospitality tickets” allowing people to move between bars and food outlets during the night “so that Jesse wouldn’t be pressured into remaining in one seat all night, as he gets overwhelmed in busy environments and finds it hard to sit still.” “We spent some time in the bar leading up to the main act, and Jesse was having a wonderful time, until about 45 minutes before Pink was due to come on, they suddenly shut all the blinds, obstructing us from seeing anything,” she wrote. “I tried to consult with the hospitality managers over this, and explained Jesse’s needs, but they wouldn’t budge on it. So not wanting Jesse to stare at a blind all night, we attempted to go into the seating zone." “We couldn’t get him to sit in his seat, but he was happy dancing and singing at the front railings, and even interacting with some of the other guests." “Doing no harm to anyone, or obstructing anyone’s view. This seemed OK for about half an hour or so. Then ... just as Pink dropped from the sky in her opening number, we had six security guards come into the zone and ask us to leave or sit in our seats.” Vasey said the security guards were “abrupt, intimidating and unpleasant”, as they "tried to force us to take Jesse to a sensory room which was soundproof, and watch Pink on a screen.” <div> </div> “Something we could do at home, robbing us of the whole experience, as if my son was some sort of inconvenience, and better off shut in a room out of sight.” When Vasey complained to venue staff, she claims that more security guards appeared and they had no choice but to leave. “We were escorted out of the building like criminals and saw no more of the Pink show. Jesse was utterly devastated, and they showed absolutely zero care or understanding." “Shame on you Tottenham Stadium,” she concluded. “My poor boy deserved so much better than this!” After UK media picked up Vasey's story, Tottenham Stadium released a statement explaining their actions. “Following further investigation, we can confirm that Ms Vasey was offered assistance by our Safeguarding and Welfare teams throughout the night to provide Jesse with a comfortable viewing experience, including access to our dedicated Sensory Room,” the statement read. “The offers of assistance were declined by Ms Vasey and the party chose to leave the event.” Vasey was soon set upon by online trolls who condemned her choice to take Jesse to the concert in the first place, to which she issues a lengthy statement about inclusivity and not singling people out for their disabilities. “Why do we take them [to events]? Because, as parents, we have the same dreams and aspirations for our children as any other parent,” she wrote. “We have the same desires to see our children’s faces light up, as any other parent would. Our children are exposed to the same world as other children, and they enjoy the same things." “They have the same likes and desires. The only thing that’s different is their needs, their abilities and their way of accessing their dreams." “Why should these things deny them of fulfilling these dreams and passions? This is meant to be a world of inclusion. So let’s start including!" “That means adapting, understanding, supporting and most importantly; changing the way we deliver these privileges so that they are privileges for all of us, and not just some of us.” Image credits: Facebook/Richard Isaac/Shutterstock Editorial <div class="hide-print ad-no-notice css-qyun7f-StyledAdUnitWrapper ezkyf1c0" style="box-sizing: border-box; caret-color: #292a33; color: #292a33; font-family: HeyWow, Montserrat, 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 15px;"> </div>

Caring

New claim from Mexican criminal cartel over murdered Aussie brothers

A member of the Sinaloa Cartel has claimed that they were the ones who handed the robbers accused of <a href="https://www.oversixty.com.au/finance/legal/i-killed-them-major-twist-in-slain-aussie-brothers-case" target="_blank" rel="noopener">murdering two Aussie brothers</a> and their American friend over to police. The city of Ensenada, near where the murders occurred, is under the control of a faction of the Sinaloa Cartel, and now they have debunked <a href="https://www.oversixty.com.au/travel/travel-trouble/doesn-t-add-up-new-theory-emerges-in-perth-brothers-deaths" target="_blank" rel="noopener">previous theories </a>that believed the cartel were involved somehow. “They were low-level robbers acting alone,” a member of the group, who chose to remain anonymous, told The Daily Beast. “But we handed them over. We learned that the cops were looking for the gringos and also began looking for those who were responsible. We called the authorities to let them know where to find them.” The cartel member added that the group was afraid of "unwanted attention" from Mexican authorities. Callum Robinson, 33, Jake Robinson, 30, and their friend Jack Carter Rhoad, 30, were all killed in what police have characterised as a bungled robbery while they were camping in the Baja California region during a surfing trip. The trio were reported missing on April 27 after they failed to check-in at their next accommodation. Their bodies were discovered in a well over the weekend with <a href="https://www.oversixty.com.au/health/caring/tragic-new-details-emerge-over-aussie-brothers-missing-in-mexico" target="_blank" rel="noopener">gunshots </a>to the head, around seven kilometres from where they were killed. Three people have been arrested, with the alleged ringleader charged with “forced disappearance”. He has not yet entered a plea and charges are expected to be upgraded to murder in the coming days. Image: Instagram/ 7NEWS

Legal

Matildas captain Sam Kerr to face criminal trial

Matildas superstar Sam Kerr has found herself at the centre of legal proceedings in London, as she pled not guilty to charges stemming from an alleged incident involving a police officer earlier this year. Kerr, aged 30, appeared before Kingston Crown Court via videolink to contest accusations of using insulting, threatening or abusive language towards a police officer in Twickenham on January 30. During the hearing, Kerr confirmed her identity and entered a "not guilty" plea to the charge, which was later confirmed by the Metropolitan Police. The specifics of the charge were outlined in a police charge sheet, citing Kerr for a racially aggravated offence under Section 4A of the Public Order Act 1986. The incident allegedly occurred during police intervention related to a complaint involving a taxi fare. The trial, slated to commence in February 2025, is expected to span four days, during which two police officers will provide evidence. Meanwhile, Football Australia (FA) has issued a statement acknowledging the legal proceedings involving Kerr, asserting their commitment to support all players both on and off the field. However, due to the ongoing legal nature of the situation, further comments were withheld. “Football Australia is aware of the legal proceedings involving Sam Kerr in the United Kingdom,” the statement read. “As this is an ongoing legal matter, we are unable to provide further comment at this time. Our focus remains on supporting all our players, both on and off the field. We will continue to monitor the situation and provide support as appropriate.” The announcement comes after Kerr's unfortunate sidelining from both club and international duties. Suffering an anterior cruciate ligament (ACL) injury during Chelsea's warm-weather training camp in Morocco, Kerr faces a prolonged period of rehabilitation, ruling her out of action for the foreseeable future. Her absence from the Matildas' lineup is particularly sorely felt, with preparations for the Paris Olympics underway. Despite the setback, Football Australia has not officially ruled Kerr out of contention for the Olympics. However, the typical recovery timeline for ACL injuries suggests a lengthy rehabilitation process, casting doubts on Kerr's participation in the upcoming tournament scheduled to begin on July 26. Images: Getty Images

Legal

Council accused of "endorsing criminals" after statue vandalised

The Yarra City Council has been accused of pandering to those who <a href="https://oversixty.com.au/finance/legal/captain-cook-memorial-vandalised-ahead-of-january-26th" target="_blank" rel="noopener">vandalised</a> a statue of Captain Cook in the days before Australia Day. In the early hours of the morning on January 25th, a statue of the British colonist was sawn off at the ankles, while "The colony will fall" was spray-painted on the stone column. Now, the Victorian city council will vote on whether to remove the statue for good, with one councillor claiming that replacing it would be a "waste of money". However, a spokesperson for local residents said "giving in" to vandals would only encourage such destructive behaviour. "If you're going to let vandals and criminals win, then you might as well give up altogether," Adam Promnitz, founder of the Yarra Residents Collective, told Melbourne radio station 3AW. While Mr Promnitz admitted there were changing conversations around Australia Day in the inner Melbourne are,a he said this was the wrong way to have a discussion about removing the 110-year-old statue. "This isn't the right way to do things," he said. "You don't just get your own way by being destructive and anti-social and causing criminal damage." "How can it be a good outcome for any body when it is basically a green light for vandals and criminals everywhere that we'll let you get away with what you want and you'll get what you want if you behave like this?" Councillor Stephen Jolly said the majority of the council didn't share this view, telling the Herald Sun that replacing the statue would come at a cost that would better spent elsewhere in the community. "Even people who love Captain Cook, who love Australia Day, will see that repairing a statue that costs thousands to fix isn't the most important thing to spend money on," Cr Jolly said. "Residents want better bin services, more childcare services, cheaper swimming pools." "All of these things are a better way of spending the money [than] on a statue that we know is absolutely certain is going to get ripped down again." Image credits: 9News

Legal

Even after his death, Rolf Harris’ artwork will stand as reminders of his criminal acts

<a href="https://theconversation.com/profiles/gregory-dale-1441894">Gregory Dale</a>, <a href="https://theconversation.com/institutions/the-university-of-queensland-805">The University of Queensland</a> Australian entertainer and artist Rolf Harris has died at the age of 93. After a prominent career as an artist, particularly in the UK, in 2014 <a href="https://theconversation.com/rolf-harris-guilty-but-what-has-operation-yewtree-really-taught-us-about-sexual-abuse-28282">Harris was convicted</a> of 12 counts of indecent assault. For his victims, his death might help to close a painful chapter of their lives. However, what will become of the prodigious output of the disgraced artist? <h2>Jack of all trades, master of none</h2> Harris developed an interest in art from a young age. At the age of 15, one of his portraits was <a href="https://www.artgallery.nsw.gov.au/prizes/archibald/1946/">selected for showing</a> in the 1946 Archibald Prize. Three years later, he won the Claude Hotchin prize. These would be among the few accolades he would collect in the art world. In truth, he was never really recognised by his peers. The Art Gallery of Western Australia in Perth, from where he hailed, never added any of his artworks to its collection. Harris rose to prominence primarily as a children’s entertainer and then later as an all-round television presenter. There is a generation of Australians and Britons who grew up transfixed to their TV sets as Harris transformed blank canvases into paintings and cartoons in the space of just 30 minutes. His creativity also extended to music. He played the didgeridoo and his own musical creation, “<a href="https://en.wikipedia.org/wiki/Wobble_board">the wobble board</a>”. He topped the British charts in 1969 with the single Two Little Boys. However, he is probably more famous for the song Tie Me Kangaroo Down, Sport. Perhaps the ultimate recognition came in 2005, when he was invited to <a href="https://en.wikipedia.org/wiki/Her_Majesty_Queen_Elizabeth_II_%E2%80%93_An_80th_Birthday_Portrait">paint Queen Elizabeth II</a>. His audience with the queen was filmed for a BBC documentary starring Harris. His portrait of her majesty briefly adorned the walls of Buckingham Palace, before being displayed in prominent British and Australian galleries. <h2>Criminal conviction and the quick retreat from his art</h2> In 2014, Harris was found guilty of 12 counts of indecent assault against three complainants, aged 15, 16 and 19 years at the times of the crimes. These incidents occurred between 1978 and 1986. Before sentencing Harris to five years and nine months imprisonment, the sentencing judge <a href="https://www.smh.com.au/world/the-full-statement-from-the-judge-who-sentenced-rolf-harris-to-jail-20140704-3bee0.html">commented</a>: <blockquote> You took advantage of the trust placed in you, because of your celebrity status, to commit the offences […] Your reputation now lies in ruins. </blockquote> What followed was a public retreat from his artwork. It is worth asking why this was the public response, when the subject matter of his artwork was innocuous and unremarkable. Among his visual artworks were portraits and landscapes. None of them depicted anything particularly offensive or controversial. Nevertheless, many of those who owned his works felt the need to dissociate themselves with Harris. His portrait of the queen <a href="https://www.bbc.com/news/uk-28105318">seemed to vanish</a> into thin air. In the wake of his convictions, no one claimed to know of its whereabouts. Harris had also painted a number of permanent murals in Australia. Many these were <a href="https://www.theage.com.au/national/victoria/rolf-harris-mural-in-caulfield-to-be-painted-over-20140706-zsy3n.html">removed</a> or <a href="https://www.abc.net.au/news/2018-03-06/rolf-harris-mural-on-theatre-survives-vote-for-destruction/9518358">permanently obscured</a>. <h2>The roles of guilt and disgust</h2> Guilt seems to play a <a href="https://espace.library.uq.edu.au/view/UQ:d3f7264">prominent role</a> in explaining why owners remove such artworks from display. Art is inherently subjective and so it necessarily forces the beholder to inquire into the artist’s meanings. When an artist is subsequently convicted of a crime, it is perhaps natural to wonder whether their art bore signs that there was something untoward about them. Some artists even promote this way of thinking. In fact, Harris authored a book entitled <a href="https://www.goodreads.com/book/show/2883465-looking-at-pictures-with-rolf-harris">Looking at Pictures with Rolf Harris: A Children’s Introduction to Famous Paintings</a>. In it, he wrote: <blockquote> You can find out a lot about the way an artist sees things when you look at his paintings. In fact, he is telling us a lot about himself, whether he wants to or not. </blockquote> When facing the artwork of a convicted criminal, our subjective feelings of guilt persist because we have, in some tiny way, shared a role in their rise and stay as an artist. This makes it difficult to overcome the feeling that the artwork contains clues to the artist’s criminality. We can also feel guilty deriving pleasure from a piece of art whose maker caused others great pain. Disgust also plays a central role in our retreat from the criminal’s artwork. Disgust is a powerful emotion that demands we withdraw from an object whose mere presence threatens to infect or invade our bodily integrity. Related to disgust is a anthropological theory known as the “<a href="https://www.latimes.com/science/sciencenow/la-xpm-2014-feb-24-la-sci-sn-price-of-fame-celebrity-contact-boosts-value-of-objects-20140222-story.html">magical law of contagion</a>”. An offensive person leaves behind an offensive trace that continues to threaten us. It is not based on reason but instinct. In essence, the criminal has left their “negative” traces on their artwork. This explains why Harris’ paintings, although of innocuous images, suddenly became eyesores and their market value dropped. Owners of such artwork might also feel compelled to show their disgust openly, to publicly extricate themselves from the artist. No one wants to be seen to condone the behaviour of a sexual offender. Even after his death, Harris’ artwork will continue to stand as reminders of his criminal acts. If this article has raised issues for you, or if you’re concerned about someone you know, call <a href="https://www.1800respect.org.au">1800RESPECT</a> on 1800 737 732. In an emergency call 000.<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/206282/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/gregory-dale-1441894">Gregory Dale</a>, Lecturer, TC Beirne School of Law, <a href="https://theconversation.com/institutions/the-university-of-queensland-805">The University of Queensland</a> Image credits: Getty Images 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/even-after-his-death-rolf-harris-artwork-will-stand-as-reminders-of-his-criminal-acts-206282">original article</a>.

Art

Rebel Wilson’s criminal save

While Rebel Wilson has found her forever love with designer Ramona Agruma, it took overcoming a few bumps in the dating road to get there. Speaking on the U Up? podcast, the Pitch Perfect star revealed one of the more notable dating near-disasters she experienced, and how it was her castmates who saved her. “I did go out with one guy I nicknamed ‘The Criminal’,” she told hosts Jordana Abraham and Jared Freid. “I think he was like a legit criminal. Basically, the Pitch Perfect girls saved me from that one.” She went on to explain that her co-stars had managed to find out “some s**t on the internet” about the guy, and warned her to steer clear of the man. She had, apparently, met him on the set of another production. Suspicion arose for them when the man agreed to come to New York to spend the weekend with Rebel, but refused to share the details of his flight with her. Upon pressing him for an explanation, the man confessed that he was not allowed to fly across state lines as he was “under investigation”. And while the relationship had been a “casual thing, so I [Rebel] didn’t get too deep into that situation”, she added that she felt the need to let him down “easy” as she didn’t want to put herself at risk with an alleged criminal. It wasn’t the only story that Rebel chose to share during her appearance, with the 43-year-old also opening up about how she’d actually been “dumped” by a woman before crossing paths with fiancée Ramona Agruma - with whom she shares daughter Royce Lillian. “I met a woman and had, like, feelings for her, which totally came as a blindside,” Rebel admitted. “It wasn’t what I was expecting.” “I said the words, ‘I don’t want to offend you, but are you interested in women?’ “I’ve never had a conversation like that [before] because I was dating dudes and never had to talk about sexuality. “She was like, ‘I have feelings for you as well’.” She noted that it was difficult for her to put her feelings into words, but that time they had together was “very important” to her, and that she wouldn’t be naming her partner out of respect. Things obviously “didn’t end up going anywhere”, but the relationship helped her open up to her sexuality, and she met Ramona soon after. And the rest, as they say, is romantic history. Images: Getty

Relationships

"Gross criminal neglect": Brisbane mum receives sentence for death of daughters in hot car

Queenslander Kerri-Anne Conley has been sentenced to nine years in prison for the deaths of her two young daughters. The 30-year-old woman from Logan pleaded guilty to two counts of manslaughter - of two-and-a-half-year-old Darcey-Helen and 18-month-old Chloe-Ann - in Brisbane Supreme Court this week, and today received her sentence from Supreme Court Justice Peter Applegarth. Initially, she had been charged with the murder of her daughter under a law that expanded the definition of the offence, including reckless indifference to human life. However, this Tuesday Kerri-Ann gave a guilty plea to the downgraded manslaughter charges, as well as to the possession of dangerous drugs and utensils. In November 2019, Kerri-Ann had taken her daughters Darcey-Helen and Chloe-Ann to her friend’s house, and then made the “deliberate decision” to leave the toddlers in their car seats upon returning home, before going inside to sleep. Both girls died of hyperthermia at their Waterford West home. "Your first, grossly negligent conduct was in deciding to leave your children in that vulnerable place, uncared for, unheard, and unobserved in the dark," Justice Peter Applegarth declared when handing down Kerri-Ann’s sentence. "Not checking on the children and securing their safety at 6am was another aspect of your ongoing, gross criminal neglect of your duty of care as their mother,” he went on to say. "One can only hope that these little girls slowly succumbed to the growing heat of the day much earlier that morning and faded into a deep sleep from which they never returned. "The alternative of them being awake, distressed, and trapped in their seats is too much to bear thinking about for too long." Kerri-Ann allegedly went to sleep at 6am, after spending time on her phone, and came to find the girls nine hours later. It is estimated that temperatures within the car reached up to 61 degrees Celsius through the day, and the children were lifeless as she pulled them from the vehicle. When paramedics arrived, the girls were hot to the touch, covered in blisters, and had skin peeling from them. They were tragically declared dead at the scene. The court also heard that before Kerri-Ann even contacted emergency services, she attempted to dispose of drug paraphernalia. Justice Applegarth was firm in the belief that "no child should have a parent who uses methamphetamine". Kerri-Ann later admitted to the police that she had taken ice the day before. Of Kerri-Ann’s “egregious breach of trust” against her defenceless children, Crown Prosecutor Sarah Dennis stated that “they were left asleep and presumably restrained in their car seats without the ability or means to free themselves or to seek assistance or to protect themselves from the searing temperatures.” “They were entirely dependent on the defendant, their mother, for their basic needs, one being to keep them protected from harm,” she added. “Rather than doing that, the actions of the defendant exposed them to harm.” Sarah Dennis went on to tell the court that the girls’ deaths could easily have been avoided, and that it wasn’t forgetfulness that had been the cause, but instead Kerri-Ann’s carelessness. “Her behaviour,” she said, “represented an apathy to her own children that was callous.” Justice Applegarth noted that Kerri-Ann had been the victim of an abusive childhood, and acknowledged her diagnosis in custody of a depressive disorder and guilt induced psychosocial stress. "I accept you are remorseful and not a day goes by that you don't think about the death of your daughters and the effect this had on others," he said. Ultimately, Justice Applegarth said that Kerri-Ann’s meth use had led to her daughters’ deaths, and that her previous drug convictions had done nothing to inform her parenting. It was reportedly not the first time she had left her children alone in the car. Kerri-Ann has already served over three years on remand - the majority of which was in custody - with Justice Applegarth having declared this as time served, and will be eligible for parole late November 2024. Images: 9News

News

Andrew “Twiggy” Forrest launches criminal case against Facebook

Billionaire mining magnate Andrew “Twiggy” Forrest has <a href="https://www.bbc.com/news/world-australia-60238985" target="_blank" rel="noopener">launched</a> a criminal case against Facebook over allegations the company failed to prevent scams from using his image, in what he says will be the first criminal case the social media site has faced globally.He claims that Facebook breached Australian anti-money laundering laws in relation to the spread of cryptocurrency scams.Meta, the company that owns Facebook, has not commented on Dr Forrest’s case but said it was “committed to keeping those people [scammers] off our platform”.The scams that use Dr Forrest’s image - and those of other celebrities - promote bogus investments that promise rich returns.<img src="https://oversixtydev.blob.core.windows.net/media/2022/02/d334da2d4f26441a3bb885ecbd284461-e1643840552644.jpeg" alt="" width="468" height="624" />An example of the scams circulating on Facebook using Andrew Forrest's image. Image: <a href="https://www.crikey.com.au/2022/02/03/andrew-forrest-sues-facebook-over-scam-ads-in-world-first-action/" target="_blank" rel="noopener">Crikey</a>Although the platform bans these kinds of ads, many still appear.Dr Forrest, the former CEO of Fortescue Metals who has a PhD in Marine Science, has alleged that Facebook had been “criminally reckless” in not doing more to stop the ads which first began appearing in early 2019.He said he had also written an open letter in November 2019 addressed to Facebook CEO Mark Zuckerberg, urging him to take action.“I’m concerned about innocent Australians being scammed through clickbait advertising on social media,” Forrest said in a statement on Thursday.“I’m acting here for Australians, but this is happening all over the world.”Under Australian law, the consent of the attorney-general is needed in order to privately prosecute foreign corporations for alleged offences under the Commonwealth Criminal Code.“The Attorney-General has given her consent to the private prosecution against Facebook in relation to alleged offences under subsection 400.7(2) of the Criminal Code,” Stephen Lewis, the principal of Mark O’Brien Legal which will be representing Mr Forrest, told <a href="https://www.afr.com/technology/andrew-forrest-sues-facebook-over-scam-ads-20220203-p59tlw" target="_blank" rel="noopener">AFR</a>.Dr Forrest has also filed a civil lawsuit in California, where Facebook’s headquarters are located.According to <a href="https://www.theaustralian.com.au/business/andrew-twiggy-forrest-takes-on-facebook-in-court-lobbing-worldfirst-criminal-charges-at-the-tech-giant/news-story/bf74fe229f470253ffa8d94abbbb5688" target="_blank" rel="noopener">The Australian</a>, he is alleging in that suit that Facebook “knowingly profits from this cycle of illegal ads.Citing court documents, the newspaper reported that one victim had lost $940,000 ($1 million NZD) because of a fake endorsement featuring Dr Forrest.In a statement to media, the social media company said scam ads violated its policies and that it takes a “multifaceted approach” to stopping them.“We work not just to detect and reject the ads themselves but also block advertisers from our services and, in some cases, take court action to enforce our policies,” a Meta representative said.Dr Forrest’s case in Australia will be heard in the Magistrates Court of Western Australia from March 28.If he is successful, the social media platform could face a maximum penalty of $126,000 ($135,000 NZD) on each of three charges.Image: Getty Images

Legal

10 of the dumbest criminal moments of all time

Image: Getty 1. Caught-Caught Police in Ossining, New York were called to a mini-mart, where they found Blake Leak, 23, trying to break in. They chased Leak through the streets until both cops took a tumble. Seizing the opportunity, Leak sought refuge on the grounds of a large building. The building was the Sing Sing Maximum Security Prison, where he was promptly nabbed by a guard. 2. The case of the liquor store lothario Scottish shoplifter Aron Morrison was picked up after pinching a bottle of vodka from a bottle shop. It didn’t take Sherlock Holmes to find Morrison, though. His name and phone number were left with the sales assistant – after asking her out on a date. 3. The lowest high there is For a trio of drug thieves, it was their lucky day. They broke into a home in Silver Springs, Florida, and discovered three jars of cocaine. They took it home and snorted the contents. That’s when they discovered that the jars were in fact urns and that they were snorting the cremains of the victim’s husband and two dogs. 4. The case of the not-so devoted dad Bring Your Child to Work Day is a long-honoured tradition that allows children to see what goes on in the business world while also getting the chance to watch their parents ply their trade. One crook brought his young son along with him on a job, which happened to be robbing a pet shop. He was caught soon after, minus something important. His son. 5. Watch where you're going As two men waited in line at the coffee shop to pay their bill, a third cut in front of them. He threw a drink at the cashier and demanded all the money from the cash register. Temporarily surprised, the men quickly recovered and handcuffed the crook. Apparently, in his rush the criminal didn’t notice they were police officers – in full uniform. 6. P.S - Nobody move It’s the worst possible time to faint – in the middle of robbing a bank. But that’s what happened to this thief. The teller called emergency services and asked for medics. But you have to applaud the man’s stick-to-it-iveness. While the ambulance was en route, the suspect handed a note to the teller demanding all her cash. 7. IOU Graham Price of South Wales ripped off the bank where he worked, but he wasn’t completely duplicitous. He left a note in the safe: ‘Borrowed, seven million pounds’– signed ‘Graham Price.’ <div id="page7" class="slide-show"> <div id="test" class="slide listicle-slide"> <div class="slide-description"> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">8. No one likes a tattler </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">A Good Samaritan noticed an elderly man being robbed, so he jumped in and punched the thief. The thief was so upset, he called the police to complain.</div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">9. Can you read me now?</div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"> <div id="page9" class="slide-show"> <div id="test" class="slide listicle-slide"> <div class="slide-description"> When police in Vancouver, Canada, asked to search Jason Pauchay’s apartment for drugs, he was not a suspect – in fact, they were looking for someone else. That all changed when they got a look at how his name was listed on his mobile phone: ‘Jason Pauchay Drug Dealer.’ <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">10. The back to jail special </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"> </div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">Two men decided a back-to-school event at an office supply store would be the perfect time to do some shoplifting. After all, sales assistants would be busy helping an influx of shoppers. The sale happened to coincide with the annual ‘Shop with a Cop’ day when about 60 police officers show up to help children pick out school supplies.</div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time"></div> <div class="at-below-post addthis_tool" data-url="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">This article originally appeared on <a href="https://www.readersdigest.com.au/culture/meet-the-22-dumbest-criminals-of-all-time">Readers Digest</a>. </div> </div> </div> </div> <div class="advertisement"></div> </div> </div> </div> </div>

Legal

What does 'beyond reasonable doubt' mean in criminal law?

When you are charged with an offence by the police, they are required to be able to prove that charge “beyond reasonable doubt”. Under the common law tradition, it is not the responsibility of the accused person to prove his or her innocence; in other words, “the onus of proof” is never rests with the defence. Rather, the prosecution is required to prove all elements (or ingredients) of the alleged offence to a standard of proof known as beyond any reasonable doubt. The defendant, on the other hand, is presumed to be innocent until and unless the prosecution is able to discharge its onus of proving guilt beyond reasonable doubt in a court of law. So, what does all this mean? What is a standard of proof? The standard of proof is the degree to which a decision-maker is convinced that an offence has occurred; a decision-maker including a magistrate in the Local Court, or a jury or judge-alone (in <a href="https://www.sydneycriminallawyers.com.au/blog/when-can-a-defendant-be-granted-a-judge-alone-trial-in-nsw/">judge-alone trials</a> or cases) in a higher court such as the District or Supreme Court. In civil law matters, which include cases where individuals or companies commence proceedings against others for damages, compensation and the like, the standard of proof is “on the balance of probabilities”. This means the decision-maker must be convinced it is more likely than not that the person making the claim – such as the applicant or plaintiff – has established its case. Expressed in another way, it means the case has been established by more than 50%. This civil law standard of proof is embodied in section 140 of the Evidence Act 1995 (NSW). Criminal cases are where the state prosecutes an individual or company for a criminal offence, such as an assault, drug offence, theft or the like. In these cases, the standard of proof is beyond reasonable doubt. This standard is higher than the civil law standard of proof as it is an attempt to both rectify the unequal power imbalance between the state and an individual as well to reflect the seriousness of the consequent loss of liberty if found guilty (as opposed to mere monetary cost in civil cases). But the courts have made clear that phrase ‘beyond reasonable doubt’ is to be understood only by its ordinary meaning, not by any codified test, whether based on separate criteria or not. The Honourable Justice Newman in the Court of Criminal Appeal case R v GWB [2000] NSWCCA 410 said at [44] that: “judges should not depart from the time honoured formula that the words ‘beyond reasonable doubt’ are words in the ordinary English usage and mean exactly what they say”. Although the prosecution must always prove each element of their case beyond reasonable doubt, the defendant might make a positive case in their defence – that what is alleged happened differently or had a legal justification, for instance that an act of violence was in self-defence. If the defence raise a case they must prove, it is to the lower standard of on the balance of probabilities. These criminal law standard of proof is embodied in section 141 of the Evidence Act 1995 (NSW). Where does the standard of proof come from? Our legal system is based on the presumption of innocence. Again, this means that a person accused of a crime is presumed to be innocent of that crime until and unless that person is found guilty in a court of law. This presumption has become an essential part of our system of justice to ensure fairness. Roman law had the maxim ei incumbit probatio qui dicit, non qui negat or “proof lies on him who says, not on him who denies”. The concept also can be found in the traditions of Jewish and Islamic religious laws. This concept was brought into the English common law in the early Renaissance through influence from the Catholic Church and its canon law, which is based on the ancient Roman system. In 1791, the concept was pithily phrased by the barrister Sir William Garrow as “presumed innocent until proven guilty”. This statement ties together the two key legal concepts of the presumption of innocence and the burden of proof; accordingly it has since become known as the ‘golden thread’. William Blackstone writing on English laws a generation before Garrow stated the philosophy that underpins both the presumption of innocence and the burden of proof being beyond reasonable doubt: “It is better that ten guilty persons escape than that one innocent suffer.” The United Nations has also enshrined the importance of the presumption of innocence and burden of proof in international law under Article 14 of the International Covenant on Civil and Political Rights. Who decides if a charge has been proven beyond reasonable doubt? In criminal law cases, most matters are resolved in the Local Court, which is termed “summary prosecution” in legal lingo. The Local Court is presided over by a Magistrate, who is a local court judicial decision maker. This is an independent legal professional who oversees local court matters at all stages, from beginning to end. In cases being decided by the local court at hearing, the Magistrate is the decision-maker for both questions of fact and questions of law. More serious cases are dealt with “on indictment”, which escalates the matter to the District Court and entitles the defendant to a trial by jury. A jury trial means that the jury are the decision-makers for questions of fact, while questions of law are decided by a District Court Judge. However, in certain cases a defendant can forego their right to a jury in favour of a judge-alone trial, where the judge is decision-maker for both questions of fact and questions of law, like a Local Court Magistrate. The most serious cases the indictment is dealt with in the Supreme Court, in a trial by jury overseen by a Justice of the Supreme Court. Similarly, in certain circumstances a defendant can forego a jury in favour a judge-only trial presided over by a Supreme Court Justice. So, this decision as to whether a charge has been proven beyond reasonable doubt is a matter for a magistrate, a judge, or jury members to decide depending on the case. Can an innocent person be found guilty? Deciding whether an alleged offence is proven beyond reasonable doubt is a subjective decision, about which reasonable minds may differ. Both the defence and the prosecution can be unhappy about a decision made and there is recourse to appeal that decision to a higher court. This means the hearing or trial will be reviewed and the judge will assess whether there was or was not reasonable doubt. The most recent high-profile case on reasonable doubt was the decision of the full bench of the High Court of Australia in the case of Pell v The Queen [2020] HCA 12. The key issue in the case was that, to quote the judgment summary, although: “the jury had assessed the complainant’s evidence as thoroughly credible and reliable, the evidence of the opportunity witnesses nonetheless required the jury, acting rationally, to have entertained a reasonable doubt as to the applicant’s guilt in relation to the offences.” But it is indicative of how difficult this question can be to answer that it first went through the Chief Judge and a jury in the County Court of Victoria, and then before three justices on appeal to the Court of Appeal of the Supreme Court of Victoria. This article originally appeared on <a href="https://www.sydneycriminallawyers.com.au/blog/what-does-beyond-reasonable-doubt-mean-in-the-criminal-law/">Sydney Criminal Lawyers</a> and is written by Patrick O'Sullivan.

Legal

Police officer charged with 98 criminal offences

Sensitive Content Warning 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. 41-year old Brett Johnson is facing 98 charges including three counts of sexual assault, three counts of indecent assault and one of stalking. 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. 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. It is rare for a police officer to face criminal prosecution in Australia. Police accountability In New South Wales, the Police Force itself is primarily responsible for investigating complaints involving officers. 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. 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. Because, in the first instance, police generally investigate any complaints made against officers, it effectively allows police officers to investigate their own. As such, there have long been calls to change the system to one that allows for more impartiality. This current system leaves many victims feeling unsatisfied and aggrieved, and they choose to make a civil claim against the NSW Police Force. These civil proceedings can be extremely costly, stressful and prolonged – and are therefore rarely pursued. “The cost of doing business” 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’. 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. 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. 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. 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. The documents also showed that Police defended and settled almost 300 civil claims against officers during the same period. 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. NSW officers facing criminal charges Police are rarely held fully accountable for crime, corruption or other forms of misconduct. 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. 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. Last year, two Sydney police officers were arrested and charged with sexual offences against a 17-year old schoolgirl. 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. 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. 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. 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. Written by Sonia Hickey. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/former-police-officer-charged-with-98-criminal-offences/">Sydney Criminal Lawyers.</a>

Legal

Pauline Hanson sparks outrage after branding George Floyd as a “criminal and dangerous thug”

Pauline Hanson has labelled George Floyd a “criminal and dangerous thug” while slamming the protests his death by police sparked in Australia over the weekend. The One Nation Leader addressed the Senate to denounce the Black Lives Matter protests, and the celebration of Mr Floyd, who died in Minneapolis last month after a police officer knelt on his neck for nine minutes. “George Floyd had been made out to be a martyr,” Hanson said. “This man has been in and out of prison numerous times. He was a criminal and a dangerous thug.” Mr Floyd’s death enraged people globally, as they took to the streets to protest against racism and police brutality. In Australia, 60,000 people joined demonstrations across the capital cities last weekend. “It sickened me to see people holding up signs saying 'black lives matter' in memory of this American criminal,” Hanson said. “I'm sorry, but all lives matter... we cannot allow bleeding hearts and those on the left to destroy the fabric of our society and our freedom. “No one could possibly condone the way in which George Floyd died. But what upsets me is the attitude of many people - black and white.” Hanson then focused her anger on those Australians who didn’t show the same outrage when Justine Damond – a white Australian woman –died at the hands of a black officer in Minneapolis in 2017. “There was no protest, no one really cared because she was white,” Hanson said. Hanson said politicians should “hang their heads in shame” for not speaking up about the health risks of the protests, which defied ongoing warnings for people not to gather in large groups due to the risk of spreading coronavirus. “It's a grave insult to all law-abiding Australians. These activists should never have been allowed to march and call Australians racist,” she said. “Shame on the politicians who were too gutless and too scared of losing votes to stand up to the mob. “People are furious and I don't blame them. They want to know how this happened when our pubs, clubs and gyms and businesses are still crippled by the full force of COVID-19 restrictions.” Hanson’s comments prompted backlash on her Facebook page. “The more you open your mouth the more you reinforce your racist tag. Give us a rest for heaven's sake,” commenter Ken Johnson said. “Don't speak for me when you say all Australians,” Steven Olive added. “Nobody protested when Justine Damond was killed because her killer was immediately arrested, charged, & convicted,” Mike King wrote. The Australian protests linked the death of Mr Floyd to indigenous deaths in custody. At least 432 Aboriginal and Torres Strait Islander people have died in police custody in Australia since the Royal Commission into Aboriginal Deaths in Custody report in 1991.

News

Chomsky declares “Morrison’s Australia” amongst top three climate criminals

Amidst the responses to the burgeoning COVID-19 crisis, it’s somewhat easy to forget that just a blink of an eye ago, Australia was ground zero of the global climate emergency, as the nation bore witness to <a href="https://www.theguardian.com/australia-news/2020/feb/25/unprecedented-globally-more-than-20-of-australias-forests-burnt-in-bushfires?fbclid=IwAR39cXyl61ORq0KGayD9ESvaIoFxgAkPmvJlSIc0EAByvmFanPpxanOKXs4">20 percent</a> of its mainland forest being engulfed by flames. And while the current virus pandemic is bound to pass in a matter of months, the climate and ecological crisis facing humanity isn’t going to go away. Indeed, it’s only going to get worse. As renowned US political dissident MIT Institute Professor Noam Chomsky put it during <a href="https://www.democracynow.org/2019/5/27/chomsky_nuclear_weapons_climate_change_the">an address</a> he gave at Boston’s Old South Church last April, our species is now facing an unprecedented question: “Will human society survive for long?” The father of modern linguists went on to name two major threats to our existence. The first being the seven decades-long prospect of nuclear war, while the second is global warming, which the academic described as being “on its inexorable course”. Chomsky told the crowd that humanity is fast approaching “conditions of 125,000 years ago”, when sea levels were 25 feet higher, with the consequences of this being “almost unimaginable”. And he added that under Trump, the US has become the world leader <a href="https://www.brookings.edu/policy2020/bigideas/the-united-states-can-take-climate-change-seriously-while-leading-the-world-in-oil-and-gas-production/">in fossil fuel production</a>. So, in light of all this, we reached out to the professor to ask his thoughts on the form of the Morrison government in regard to climate. The main offenders “Anyone with eyes open knows that we are now facing a potential environmental catastrophe that may literally end organized human life in any tolerable form,” Professor Chomsky said. “Most countries of the world are doing something about it, in a number of cases quite a lot.” “There are three states that are not only refusing to join in these efforts but are acting to accelerate the crisis: Trump’s United States, which is in the lead; Bolsonaro’s Brazil, which is destroying the Amazon; and Morrison’s Australia,” he continued. Chomsky further told Sydney Criminal Lawyers that the Morrison government makes it to the list of top three political offenders as it “continues to rely on production and export of the most dangerous of fossil fuels”. Australia is currently the world’s <a href="https://www.abc.net.au/news/science/2019-08-19/australia-co2-exports-third-highest-worldwide/11420654">largest exporter of coal</a>. In terms of emissions, coal is the <a href="https://www.eia.gov/tools/faqs/faq.php?id=73&t=11">most carbon-intensive fossil fuel</a> that can be burnt. And <a href="https://www.tai.org.au/sites/default/files/P667%20High%20Carbon%20from%20a%20Land%20Down%20Under%20%5BWEB%5D_0.pdf">according to</a> the Australia Institute, per capita, Australia’s emissions – both domestic and exported – are only below a few small oil rich nations. An IPCC report released in late 2018 warns that emissions need to be cut by 45 percent of 2010 levels by 2030, and net zero by 2050, in order to prevent a temperature <a href="https://www.ipcc.ch/sr15/resources/headline-statements/">rise above 1.5°C</a>. This will limit the great changes already coming, as they’d be much more catastrophic at a 2°C rise. And looking at the likely results that the current activities of the American, Brazilian and Australian governments are giving rise to, Professor Chomsky makes certain that these are criminal acts on a scale never seen before. Crimes against life itself Scott Morrison was wheeled in to stand before reporters as the Liberal Nationals new leader <a href="https://www.newyorker.com/news/news-desk/when-will-australias-prime-minister-accept-the-reality-of-the-climate-crisis">in August 2018</a>, so as to replace outgoing PM Malcolm Turnbull, who made the political mistake of supporting a national energy plan that would have seen the nation’s emissions drop slightly. The newly-minted prime minister was a politician that fossil fuel barons could rely on. He’s the man who, as treasurer, <a href="https://www.theguardian.com/global/video/2017/feb/09/scott-morrison-brings-a-chunk-of-coal-into-parliament-video">turned up</a> in federal parliament in February 2017 with a lump of coal in his hand, screaming at the chamber, “This is coal. Don’t be afraid. Don’t be scared.” Greenpeace’s <a href="https://act.greenpeace.org.au/dirtypower">2019 Dirty Power documentary</a> outlines that the Morrison government’s staff is stacked with representatives from the fossil fuel industry. The PM’s <a href="https://www.sydneycriminallawyers.com.au/blog/the-coal-industry-controls-the-coalition/">own office includes</a> a chief of staff and a principal private secretary that are both former fossil fuel lobbyists. And as the Morrison government plummeted towards an election that forecasters swore it would lose last May, <a href="https://www.sydneycriminallawyers.com.au/blog/morrisons-victory-and-what-the-nation-has-agreed-to/">it ensured</a> that the final federal approval on the Adani mine was signed off the month prior. A move that opens up the Galilee Basin to five or six other huge coal mines. Responses to a climate catastrophe Although, it became apparent something had changed in August last year, as the bushfire season <a href="https://www.rfs.nsw.gov.au/__data/assets/pdf_file/0007/131479/Bush-Fire-Bulletin-Vol41-No2.pdf">commenced early</a>. It continued periodically over the coming months, as scientists began to cite climate as the cause, but this didn’t stop the PM from spruiking new laws to prevent coal boycotts. Morrison addressed a Queensland Resource Council luncheon <a href="https://www.pm.gov.au/media/address-2019-queensland-resources-council-annual-lunch">on 1 November</a>, at which he announced he was drafting new laws to prevent secondary boycotts of fossil fuel projects. “We’re not interested in closing down the mining industry, but building it up,” the PM told the room. About a week or so later, bushfires on a scale never seen before started to kick in along the eastern seaboard and continued on into early February, when Australian parliament reconvened for the new year. More than <a href="https://www.abc.net.au/news/science/2020-03-05/bushfire-crisis-five-big-numbers/12007716">12.6 million hectares</a> were lost and around a billion animals perished. And <a href="https://www.sydneycriminallawyers.com.au/blog/as-the-climate-ails-fossil-fuel-addled-politicians-call-for-more-coal-and-gas/">on the third sitting day of parliament</a>, right before the rains came to sweep away the remaining fires, the Morrison government appointed a new resources minister – one that’s just itching to heat things up a little more. Fresh resources minister Keith Pitt <a href="https://www.smh.com.au/politics/federal/new-resources-minister-calls-for-more-coal-gas-and-uranium-exports-20200211-p53zu5.html?fbclid=IwAR1cv2bMtUtAlosm5O9m2m3_CIpdXrww93-4-Z4RUkqDCASdxB7GikYa6-s">appeared</a> in the press two days after the heavens extinguished the final fires, and declared that the nation needs more coal, more gas and more uranium exports to lift standards of living – as Extinction Rebellion would say, it was “business as usual”. For the crime of ecocide Of course, Chomsky – one of the world’s leading public intellectuals – makes clear that Morrison’s Australia is hardly alone, as our nation’s government is only one of the three most destructive climate <a href="https://www.sydneycriminallawyers.com.au/blog/bushrangers-aussie-legends-or-vile-criminals/">criminals</a> on Earth. The climate change-denying Trump administration <a href="https://www.commondreams.org/views/2019/11/07/trumps-climate-crimes-are-his-most-impeachable-offenses">began formally withdrawing</a> from the Paris Agreement last November, while the environmentally hostile Bolsonaro government has been <a href="https://theintercept.com/2019/11/25/amazon-bolsonaro-dorothy-stang-brazil/">presiding over</a> the destruction of “the lungs of the planet”. “These are criminal activities,” Professor Chomsky ended, “considering the consequences, the worst crimes in human history.” Written by Paul Gregoire. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/chomsky-declares-morrisons-australia-amongst-top-three-climate-criminals/">Sydney Criminal Lawyers.</a>

Legal

Posting about politicians? The NSW Police Force may have you in their sights

A Blue Mountains man was arrested <a rel="nofollow noopener noreferrer" href="https://www.bluemountainsgazette.com.au/story/6328433/fixated-persons-unit-investigates-winmalee-man/" target="_blank">in August last year</a>, over allegations that he’d been harassing the local mayor and a NSW Labor MLC. The 37-year-old was charged with a number of offences, including <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/domestic-and-personal-violence-act/stalking-or-intimidation/">stalking or intimidation with intent to cause fear of physical or mental harm</a> and <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/criminal-code-act/use-carriage-service-to-menace-harass-or-cause-offence/">using a carriage service to menace, harass or cause offence</a>. The charges related to claims the man had been making<a href="https://www.sydneycriminallawyers.com.au/blog/false-sexual-assault-allegations-ruin-lives/"> false allegations about sexual assault</a> and child abuse. And this decade-long intimidation campaign was carried out via email, social media, text and phone messages. The investigation leading to the arrest was carried out by detectives from the NSW Police Force Fixated Persons Unit, which is a specialist investigation team comprised of police officers and government mental health workers that was formed in the wake of the Lindt café siege. Identifying pre-criminals The Fixated Persons Unit commenced operations <a rel="nofollow noopener noreferrer" href="https://www.westernadvocate.com.au/story/4627585/new-police-unit-deals-with-obsessed-individuals-video/" target="_blank">on 1 May 2017</a>. NSW police commissioner Mick Fuller referred to the Martin Place shootings, when announcing its formation. And he said it would target “lone actors”, who are obsessed with public figures, as well as ideologies or beliefs. The state’s top cop outlined that the unit would focus on non-terrorist suspects, who threaten public officials. However, the unit also has a focus on proactively locating individuals <a rel="nofollow noopener noreferrer" href="https://www.abc.net.au/news/2017-04-26/police-strike-force-to-target-people-who-make-violent-threats/8472280" target="_blank">vulnerable</a> to becoming involved in this sort of behaviour before it develops. And that’s where the scope of these operations becomes worrying. If detectives aren’t responding to reports of threatening behaviour being carried out by fixated persons, then how are they locating those who pose a potential threat? At the time the unit was formed, NSW police said it had up to <a rel="nofollow noopener noreferrer" href="https://www.theage.com.au/national/nsw/up-to-50-wouldbe-extremists-assessed-by-new-police-fixated-persons-unit-20170426-gvsldb.html" target="_blank">50 people</a> on its radar who could potentially be targeted, which included one man who’d fallen short of the law due to shouting anti-war slogans during the minute’s silence on Anzac Day in Martin Place. And by October 2017, it was reported that <a rel="nofollow noopener noreferrer" href="https://www.crikey.com.au/2017/10/05/cops-and-health-professionals-can-decide-if-youre-too-obsessed-with-a-public-official/?fbclid=IwAR0MrgLNBOAoHvqutMTXWjm-aMg0qB06f5g5FJgXGsMWuVh2zAQxYDDVh1U" target="_blank">six people</a> in this state had been charged in relation to the unit. A Blue Mountains man was arrested <a rel="nofollow noopener noreferrer" href="https://www.bluemountainsgazette.com.au/story/6328433/fixated-persons-unit-investigates-winmalee-man/" target="_blank">in August last year</a>, over allegations that he’d been harassing the local mayor and a NSW Labor MLC. The 37-year-old was charged with a number of offences, including <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/domestic-and-personal-violence-act/stalking-or-intimidation/">stalking or intimidation with intent to cause fear of physical or mental harm</a> and <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/criminal-code-act/use-carriage-service-to-menace-harass-or-cause-offence/">using a carriage service to menace, harass or cause offence</a>. The charges related to claims the man had been making<a href="https://www.sydneycriminallawyers.com.au/blog/false-sexual-assault-allegations-ruin-lives/"> false allegations about sexual assault</a> and child abuse. And this decade-long intimidation campaign was carried out via email, social media, text and phone messages. The investigation leading to the arrest was carried out by detectives from the NSW Police Force Fixated Persons Unit, which is a specialist investigation team comprised of police officers and government mental health workers that was formed in the wake of the Lindt café siege. Identifying pre-criminals The Fixated Persons Unit commenced operations <a rel="nofollow noopener noreferrer" href="https://www.westernadvocate.com.au/story/4627585/new-police-unit-deals-with-obsessed-individuals-video/" target="_blank">on 1 May 2017</a>. NSW police commissioner Mick Fuller referred to the Martin Place shootings, when announcing its formation. And he said it would target “lone actors”, who are obsessed with public figures, as well as ideologies or beliefs. The state’s top cop outlined that the unit would focus on non-terrorist suspects, who threaten public officials. However, the unit also has a focus on proactively locating individuals <a rel="nofollow noopener noreferrer" href="https://www.abc.net.au/news/2017-04-26/police-strike-force-to-target-people-who-make-violent-threats/8472280" target="_blank">vulnerable</a> to becoming involved in this sort of behaviour before it develops. And that’s where the scope of these operations becomes worrying. If detectives aren’t responding to reports of threatening behaviour being carried out by fixated persons, then how are they locating those who pose a potential threat? At the time the unit was formed, NSW police said it had up to <a rel="nofollow noopener noreferrer" href="https://www.theage.com.au/national/nsw/up-to-50-wouldbe-extremists-assessed-by-new-police-fixated-persons-unit-20170426-gvsldb.html" target="_blank">50 people</a> on its radar who could potentially be targeted, which included one man who’d fallen short of the law due to shouting anti-war slogans during the minute’s silence on Anzac Day in Martin Place. And by October 2017, it was reported that <a rel="nofollow noopener noreferrer" href="https://www.crikey.com.au/2017/10/05/cops-and-health-professionals-can-decide-if-youre-too-obsessed-with-a-public-official/?fbclid=IwAR0MrgLNBOAoHvqutMTXWjm-aMg0qB06f5g5FJgXGsMWuVh2zAQxYDDVh1U" target="_blank">six people</a> in this state had been charged in relation to the unit. The future crime regime “The creation of this unit forms part of the reengineering process for the NSW Police Force moving forward,” commissioner Fuller told reporters. Although, he didn’t elaborate on what that actually meant. However, one could posit that this “reengineering” is a further step into the realm of policing future crimes, or what NSW police refers to as <a href="https://www.sydneycriminallawyers.com.au/blog/systemic-unlawfulness-an-interview-with-dr-vicki-sentas-on-police-powers/">proactive policing</a>. This is part of a global trend towards trying to sniff out criminals before they commit any offences as its seen as being more cost effective. An example of this is the NSW police <a href="https://www.sydneycriminallawyers.com.au/blog/nsw-police-future-crime-program-an-abuse-of-power/">Suspect Target Management Plan (STMP)</a>, which is a secret list of individuals subjected to intensified monitoring due to their assessed potential to commit crimes in the future. Those on the list don’t even have to have been convicted of a crime in the past. And while these developments are occurring, <a href="https://www.sydneycriminallawyers.com.au/blog/predicting-and-preventing-crime-an-interview-with-ctdss-dr-roman-marchant/">there’s research being carried</a> out with the aim of being able to predict the level of criminality present in urban areas by analysing socioeconomic factors, so as to better allocate policing resources to prevent crime before it happens. Of course, as yet, no one has turned up to parliament with a bill that puts thoughtcrimes on the law books. However, proactively locating individuals before they perpetrate any criminal acts certainly sounds a lot like Orwell’s dystopian vision. “The creation of this unit forms part of the reengineering process for the NSW Police Force moving forward,” commissioner Fuller told reporters. Although, he didn’t elaborate on what that actually meant. However, one could posit that this “reengineering” is a further step into the realm of policing future crimes, or what NSW police refers to as <a href="https://www.sydneycriminallawyers.com.au/blog/systemic-unlawfulness-an-interview-with-dr-vicki-sentas-on-police-powers/">proactive policing</a>. This is part of a global trend towards trying to sniff out criminals before they commit any offences as its seen as being more cost effective. An example of this is the NSW police <a href="https://www.sydneycriminallawyers.com.au/blog/nsw-police-future-crime-program-an-abuse-of-power/">Suspect Target Management Plan (STMP)</a>, which is a secret list of individuals subjected to intensified monitoring due to their assessed potential to commit crimes in the future. Those on the list don’t even have to have been convicted of a crime in the past. And while these developments are occurring, <a href="https://www.sydneycriminallawyers.com.au/blog/predicting-and-preventing-crime-an-interview-with-ctdss-dr-roman-marchant/">there’s research being carried</a> out with the aim of being able to predict the level of criminality present in urban areas by analysing socioeconomic factors, so as to better allocate policing resources to prevent crime before it happens. Of course, as yet, no one has turned up to parliament with a bill that puts thoughtcrimes on the law books. However, proactively locating individuals before they perpetrate any criminal acts certainly sounds a lot like Orwell’s dystopian vision. Written by Paul Gregoire. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/posting-about-politicians-the-nsw-police-force-may-have-you-in-their-sights/">Sydney Criminal Lawyers.</a>

Technology

“I am a liar. I stole valour”: Judge's creative sentencing for two criminals who posed as war veterans

A judge in Montana has laid down the law and ordered two men to be publicly shamed to learn a lesson after they pretended to be war veterans to attempt to get a lesser sentence for their crimes. Ryan Morris, 28, and Troy Nelson, 33, both pretended to be veterans in a bid to get their cases moved to a Veterans Court, where they would receive a lighter sentence for their crimes. This plot backfired and the two men now have other tasks to complete as well as serving their sentences. Judge Greg Pinski gave Morris 10 years for violating his felony burglary probation and gave Nelson 5 years for drug possession. Three years of both of their sentences were suspended. However, before each man is eligible for parole, Pinski ordered that they must hand write each name of the 6,756 Americans killed in Afghanistan and Iraq. The men must also write out the obituaries of the 40 Montanans killed in these conflicts and send handwritten letters to a number of veterans’ groups apologising for their actions. <div class="embed-responsive embed-responsive-16by9"><iframe class="embed-responsive-item" src="https://www.youtube.com/embed/A8aPzrlN7VA"></iframe></div> On top of that, during every Memorial and Veterans Day, the two must stand at the Montana Veterans Memorial in Great Falls for eight hours wearing a sign that reads: “I am a liar. I am not a veteran. I stole valour. I have dishonoured all veterans.” The men also have to perform 441 hours of community service, which is equal to the number of Montanans killed during the Korean war.

Retirement Life

Prince William demands answers: Convicted criminal gets frighteningly close to Prince George

Kensington Palace has reportedly launched a security review after a convicted torturer managed to get access to Prince George, Princess Charlotte and Prince Louis. <a rel="noopener" href="https://www.thesun.co.uk/news/9603993/prince-george-royal-security-breach-convicted-torturer/" target="_blank">The Sun</a> has reported the convicted criminal was delivering furniture on July 14 when he spotted the royal children in their courtyard alongside their nanny Teresa Borrallo. Darren Benjamin was jailed for seven years in 2008 and now works for a delivery company as a driver. He reportedly spotted the children and entered the courtyard they were playing in. "As soon as it was brought to our attention an urgent security review was launched to check the current systems and procedures are appropriate," the palace aide explained. "Pending the outcome there will be a refined level of risk assessment for those entering." Benjamin was convicted of torturing Anthony Powell in Wolverhampton with two other masked men. They stabbed Powell in the leg, poured boiling water down his back and beat him for over 20 minutes over a BMW vehicle which he claimed to know nothing about.

Legal

"I'm being made out to be a criminal": Woman shocked by $8,000 Centrelink debt

Devi Barker has always paid her bills on time and kept her credit rating clean. That was why the Tasmanian woman was surprised when she received a message from a debt collector in January claiming she owed more than $7,000. “They were demanding that I make payment. I felt quite stressed, especially when they said that … my wages would be deducted, and that I wouldn't be able to leave the country,” Barker told <a rel="noopener" href="https://www.abc.net.au/7.30/centrelink-accused-of-chasing-debts-that-dont-exist/11259084" target="_blank">7.30</a>. The debt, which totalled to $7,616.05, was from a period dating from 2010 to 2012. While the Department of Human Services no longer raises debts dating back to this period following a review of the system, Barker’s debt still remains. Barker maintained that the debt claim is false and asked Centrelink to review her case. “I recorded my hours in my uni diary and I was very diligent in reporting the correct hours, and I know that I don’t owe Centrelink any money,” she said. However, contesting the debt turned out to be a challenge as it required bank records or payslips from employers, which could be difficult to obtain. “When I went to try and get bank statements from the bank they said that they don’t hold records for longer than seven years,” said Barker. She is now being pursued by another debt collector. “I feel like I’m being made out to be a criminal,” she said. “It’s extremely stressful and especially when you can’t prove that you don’t have any debt. You have no power, and yet they’re still pursuing the debts.” Barker is one of the many Australians who have received questionable “robo-debts” from the Department of Human Services’ automated debt recovery program. Introduced by the Turnbull government in 2016, the scheme was aimed to crackdown on suspected welfare rorters. It sent out 445,000 debt notices from July 2016 to December 2018, but 17 per cent of those – or about 77,500 – were either reduced, waived or written off. Around 15,700 debts were <a rel="noopener" href="https://www.abc.net.au/triplej/programs/hack/more-than-77500-centrelink-robodebts-waived-or-reduced/10948942" target="_blank">reduced to zero</a>. Terry Carney, a former member of the Administrative Appeals Tribunal and an outspoken critic of the robo-debt scheme, described the conduct of the Department, which runs Centrelink, as “abysmal”. He said apart from potentially hurting people’s credit rating and reputation, the scheme also puts the onus solely on the alleged debtor to prove that they do not have a debt. “It’s the conduct that you would expect [from] a tinpot, third-world country,” said Carney. “At no stage does Centrelink ever seek to defend the unlawful basis on which it’s raising those debts. “[It’s] a bit like the Mafia saying, you know: ‘You owe me money. Do I have to prove that you owe me money? No I don’t’.” The scheme is now facing legal challenges after Victoria Legal Aid launched two federal court cases against the validity of the automated debts raised against their clients. “We’re asking a court to scrutinise the scheme and determine whether or not it is in fact lawful,” Victoria Legal Aid’s executive director Rowan McRae told <a rel="noopener" href="https://www.abc.net.au/7.30/centrelink-accused-of-chasing-debts-that-dont-exist/11259084" target="_blank">7.30</a>. McRae said her firm has helped more than 500 people who have allegedly inaccurate robo-debt notices. "We know it’s unfair. We know it’s having a terrible impact on our clients. But we also think the scheme is unlawful and we’d like a court to test that.”

Retirement Income

“Criminal”: Apple faces backlash after unveiling $1,400 computer stand and $7,000 screen

Apple has been slammed as “criminal” and “flat-out delusional” for announcing a computer screen stand that costs $1,400. They showed off the stand at the Worldwide Developers Conference 2019 keynote, as well as unveiling the new Mac Pro. The new Mac has been dubbed the “most powerful Mac Ever” and starts at $8,570. It can be purchased alongside a new high-spec computer monitor, which will set consumers back an additional $7,140. To top off the purchase, you can purchase a new aluminium “stand” for the monitor, which is an extra $1,426. <a href="https://www.theverge.com/circuitbreaker/2019/6/3/18651208/apple-mac-pro-how-much-top-spec-price-estimate-ballpark">The Verge</a> has estimated that a top spec Mac Pro could cost $48,187 all up. <blockquote class="twitter-tweet" data-lang="en-gb"> There was an audible reaction in the whole audience when <a href="https://twitter.com/Apple?ref_src=twsrc%5Etfw">@Apple</a> announced that they are charging $999 for the Mac Pro Display “stand”....like not including that for $4999 is just criminal. 😒<a href="https://twitter.com/hashtag/AppleKeynote?src=hash&ref_src=twsrc%5Etfw">#AppleKeynote</a> <a href="https://twitter.com/hashtag/WWD2019?src=hash&ref_src=twsrc%5Etfw">#WWD2019</a> — Jean François Loza (@GlitchComputer) <a href="https://twitter.com/GlitchComputer/status/1135809665084809216?ref_src=twsrc%5Etfw">4 June 2019</a></blockquote> Twitter user, @John_nguyen0 said: “Can’t tell if Apple is trolling people with the $US1,000 monitor stand or are just flat out delusional.” @MOTE_Games said: “If Apple wants to sell me a stand for $US999 it damn better be able to stop time or something.” It's unclear why Apple are charging this much for a computer stand, which can often be found for as little as $36 online. However, if you do purchase the new Mac Pro, you’re unable to use a third party stand unless you purchase a VESA Mount Adapter, which is conveniently offered by Apple for $284.

Technology

The “criminal” Android apps that are draining your battery

Researchers from security firm Sophos have found 22 apps that drain your battery life and could land you with a big phone bill. The “click fraud” apps pretend to be normal apps on the Google Play Store but secretly perform criminal actions out of sight. The 22 apps have been collectively downloaded over 22 million times. One app includes an illicit flashlight app that racked up one million downloads – before being taken down from Google’s Play Store. The apps create invisible ads and trick advertisers into thinking that users are clicking on them. The ads never actually appear for the user and appear in a hidden browser window instead. The malware then stimulates a user interacting with the ad, which tricks the ad into thinking the interaction is legitimate. Despite it sounding like a bad deal for the advertisers who have spent money on the advertisements, it’s also bad news for the users as well. The researchers explained to <a href="https://www.news.com.au/technology/gadgets/mobile-phones/22-criminal-android-apps-draining-your-battery/news-story/2c90a4a58991118d37d53208d251a26d">news.com.au</a>: “From the user’s perspective, these apps drain their phone’s battery and may cause data overawes as the apps are constantly running and communicating with servers in the background.” Normal users without technical knowledge would be hard-pressed to find out whether or not the apps were amiss. The warning signs would be increased data usage and fast-draining battery life but pinning this on the apps alone would be hard. User reviews gave nothing away either. Many of the dodgy apps had any negative comments as they didn’t know anything was wrong. This means that many are more likely to download the app in future as many users use app reviews to decide whether an app is worth downloading or not. “The only affects a user might notice is that the apps would use a significantly greater amount of data, at all times, and consume the phone’s battery power at a more rapid rate than the phone would otherwise require,” researchers explained. “Because consumers would not be able to correlate these effects to the apps themselves, their Play Market reviews for these apps showed few negative comments.” The dodgy apps have since been removed from the Google Play Store, but they can still operate if you’ve got them installed. A list of the apps can be seen below. <ul> <li style="font-weight: 400;">Sparkle FlashLight – com.sparkle.flashlight</li> <li style="font-weight: 400;">Snake Attack – com.mobilebt.snakefight</li> <li style="font-weight: 400;">Math Solver – com.mobilebt.mathsolver</li> <li style="font-weight: 400;">ShapeSorter – com.mobilebt.shapesorter</li> <li style="font-weight: 400;">Tak A Trip – com.takatrip.android</li> <li style="font-weight: 400;">Magnifeye – com.magnifeye.android</li> <li style="font-weight: 400;">Join Up – com.pesrepi.joinup</li> <li style="font-weight: 400;">Zombie Killer – com.pesrepi.zombiekiller</li> <li style="font-weight: 400;">Space Rocket – com.pesrepi.spacerocket</li> <li style="font-weight: 400;">Neon Pong – com.pesrepi.neonpong</li> <li style="font-weight: 400;">Just Flashlight – app.mobile.justflashlight</li> <li style="font-weight: 400;">Table Soccer – com.mobile.tablesoccer</li> <li style="font-weight: 400;">Cliff Diver – com.mobile.cliffdiver</li> <li style="font-weight: 400;">Box Stack – com.mobile.boxstack</li> <li style="font-weight: 400;">Jelly Slice – net.kanmobi.jellyslice</li> <li style="font-weight: 400;">AK Blackjack – com.maragona.akblackjack</li> <li style="font-weight: 400;">Color Tiles – com.maragona.colortiles</li> <li style="font-weight: 400;">Animal Match – com.beacon.animalmatch</li> <li style="font-weight: 400;">Roulette Mania – com.beacon.roulettemania</li> <li style="font-weight: 400;">HexaFall – com.atry.hexafall</li> <li style="font-weight: 400;">HexaBlocks – com.atry.hexablocks</li> <li style="font-weight: 400;">PairZap – com.atry.pairzap</li> </ul>

Technology

Criminal profiler speaks out: Why Borce Ristevski’s daughter is under killer dad's "spell"

The daughter of convicted wife murderer Borce Ristevski gave her father a glowing character reference because she was under his “coercive control”, a criminal profiler has claimed. Sarah Ristevski’s decision to give her father a glowing character reference following his murder confession has shocked many. The 23-year-old waived her right to submit a victim impact statement after Borce confessed to killing her mother Karen, and instead provided a two-page document in which she described her father as “loving”, “sympathetic” and “protective”. In the statement, Sarah wrote: “Since the act of violence, my dad has experienced job loss, a loss of respect within the community and the loss of close long-term friendships. “The circumstances have left me without both of my parents and I know there is nothing I can do to change that, but all I can try to do is communicate the truth of how good of a dad and husband he was to my mum and I.” <blockquote class="twitter-tweet" data-lang="en"> Sarah Ristevski's glowing character reference for her father Borce - written AFTER he confessed to killing her mother: "All I can do is communicate the truth of how good of a dad and husband he was to mum and I."<a href="https://twitter.com/hashtag/9news?src=hash&ref_src=twsrc%5Etfw">#9news</a> <a href="https://t.co/THMICdX96h">pic.twitter.com/THMICdX96h</a> — Brett Mcleod (@Brett_McLeod) <a href="https://twitter.com/Brett_McLeod/status/1110789298482114560?ref_src=twsrc%5Etfw">March 27, 2019</a></blockquote> UK criminal behavioural analyst Laura Richards said the positive reference may suggest that Sarah is under Borce’s “spell”, which allows him to “manipulate and control those around him”. Richards, who specialised in domestic violence risk assessment and homicide prevention at New Scotland Yard, urged Victoria’s Director of Public Prosecutions to review the case. “Sarah, Karen’s daughter, declined to write a victim impact statement, an impact statement about her mother being brutally killed by her father,” Richards wrote in a <a rel="noopener" href="https://www.laurarichards.co.uk/my-two-cents/dear-director-of-public-prosecutions-victoria/?fbclid=IwAR0Emqdu_BcSz8eHeeLneXKWKrJMwxO36gBC8Wogt9EL-YFeP5XdxqfrYYQ" target="_blank">letter</a> published on Sunday. “Her voice about the impact of her mother’s brutal killing is yet to be heard, despite the fact she was close to her mother. She is no doubt conflicted but this is also instructive. Instead she wrote a glowing reference for her father – a man who lied to her and everyone else. “This makes little sense unless it is understood that she too may be under his spell, which talks to his ability to manipulate and control those around him. Coercive control impacts children as well.” Richards said Borce should be charged for murder instead of manslaughter to ensure longer punishment, comparing his sentence to one-punch attacker Joseph Esmaili who received <a rel="noopener" href="https://www.abc.net.au/news/2019-04-17/joseph-esmaili-sentenced-for-killing-melbourne-heart-surgeon/11020218" target="_blank">10 years and six months’ jail time</a>. Two weeks ago, the 55-year-old Victorian man was sentenced to nine years in jail for the manslaughter of his wife in 2016 with a non-parole period of six years. “If a one punch offender, Mr Esmail, receives 10 years, to serve 10 before he is eligible for parole, how can the brutal killing of Karen carry nine years, eligible for parole in six? What sort of message does that send out to society about the worth of a woman’s life?” Richards wrote. “On good authority male neighbours of the Ristevskis are joking that you can kill your wife and serve a few years behind bars – it might be worth it in the long run. Urgent law reform is needed. “Respectfully review this case and bear in mind the message it sends out about domestic abuse. Your law and training really does need to catch up and reflect the reality of domestic abuse in all its guises.” Last month, Borce <a rel="noopener" href="https://www.oversixty.com.au/finance/legal/borce-ristevski-sensationally-pleads-guilty-to-killing-wife-karen" target="_blank">pled guilty</a> to killing Karen after two years of claiming he had nothing to do with his wife’s death. He admitted to murdering Karen on the day she disappeared on June 29, 2016, with her body being discovered eight months later on February 20, 2017.

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“I am a liar. I stole valour”: Judge's creative sentencing for two criminals who posed as war veterans

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“Criminal”: Apple faces backlash after unveiling $1,400 computer stand and $7,000 screen

The “criminal” Android apps that are draining your battery

Criminal profiler speaks out: Why Borce Ristevski’s daughter is under killer dad's "spell"

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