Placeholder Content Image

Disgraced Olympian sentenced over failed drug plot

<p>An Olympic silver medallist and his younger brother, who tried to smuggle hundreds of kilograms of cocaine worth about $200 million into Australia, have been sentenced a second time. </p> <p>Nathan Baggaley, 48, a former champion kayaker and his brother Dru Baggaley, 42, faced Brisbane supreme court on Monday after pleading guilty to attempting to import a commercial quantity of drugs.</p> <p>Dru and another man were intercepted by the navy in July 2017, after he was found using a seven-metre inflatable boat to pick up 650 kilograms of cocaine from a ship near Australia's east coast. </p> <p>The inflatable boat, which was launched from Brunswick Heads on the NSW north coast, had been bought by Nathan and was registered in his name. </p> <p><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">The brothers were previously found guilty of </span>attempting to import cocaine by a Brisbane Supreme Court jury in April 2021. </p> <p>Nathan was sentenced to 25 years' imprisonment and his brother 28 years, but they later won appeals against their convictions and were ordered to face the retrial that was supposed to start on October 28, but instead pleaded guilty to the same charge.</p> <p>On Monday, Justice Declan Kelly sentenced Nathan to 13 years in jail and his brother 15 years. </p> <p>With time already served, they are now eligible for parole. </p> <p>During their sentencing hearing, Justice Kelly said there was insufficient evidence to prove Dru knew he was importing cocaine, after the court was told he thought he was collecting tobacco. </p> <p>“Dru was reckless that there was a substantial quantity of a border-controlled drug but there is insufficient evidence that he knew the precise quantity,” Justice Kelly said.</p> <p>He said that Nathan didn't initially know that it was an attempt to import a border-controlled drug until July 30 2018. </p> <p>"From that point in time he was aware of the attempt to import a substantial quantity of a border-controlled drug but was reckless as to the identity of that drug," Justice Kelly said.</p> <p>“It cannot be shown that Nathan knew the drug was cocaine or the precise amount of the drug.”</p> <p>Kelly accepted a defence barrister's submission the facts were profoundly different” compared to their 2021 sentencing, but said that regardless, the importation size was a "“very relevant factor” in his sentencing.</p> <p><em>Image: Erik S Lesser/EPA/ Shutterstock Editorial</em></p>

Legal

Placeholder Content Image

Aussie mum jailed after faking her own death for major insurance payout

<p>A Perth woman who faked her own death to secure a $700,000 insurance payout has been sentenced to three years behind bars. </p> <p>Karen Salkilld, 43, an F45 gym franchise owner, claimed she died in a car accident in Broome in December 2023. </p> <p>The mother-of-two, also provided a falsified death certificate, a coroner report and funeral documents, when she made the claim in January.</p> <p>A month later, she received more than $718,000 from Insuranceline, which she accessed by posing as her former partner who was the beneficiary of the sum and opening a bank account in her name. </p> <p>The "relatively sophisticated" scheme was initially successful, until police became suspicious and froze her account after she moved large amounts of the money around, according to<em> Nine News</em>. </p> <p>Salkilld had to visit Palmyra Police Station in person to certify her fake documents, but after three visits, officers realised something was up and arrested her in March. </p> <p>There is no evidence that her former partner knew of the crime. </p> <p>The fitness instructor admitted that she got the idea from a movie after she fell into debt, although she didn't specify which one. </p> <p>"Your offending could not be described as opportunistic," Judge Vicki Stewart told Perth District Court said in sentencing the fitness instructor. </p> <p>"It was calculated and required both effort and persistence."</p> <p>"You were living beyond your means and over-committed yourself," Stewart added. </p> <p>Salkilld pleaded guilty to gaining benefit by fraud and knowingly using a false record to defraud, and was sentenced to three years in prison on Monday. </p> <p>She was ordered to pay a $101,771 compensation to the insurance company. A restitution order for funds in the bank account was also issued - one for $549,195 and another for $67,995 - with the latter being held in the bank's fraud recoveries account. </p> <p>Speaking to <em>Nine News</em> outside court after the sentencing, Salkilld's estranged sister Ann said "it doesn't surprise me that she is capable of doing things like that."</p> <p>She will be eligible for parole in February 2026.</p> <p><em>Image: Nine News </em></p>

Legal

Placeholder Content Image

Commissioner speaks out after son's killer avoids jail

<p>Police Commissioner Grant Stevens has shared an emotional statement outside of court after the young man accused of killing his son had his sentence suspended. </p> <p>Dhirren Randhawa, 19, was sentenced at Adelaide District Court to 13 months in prison for driving without due care and leaving the scene of an accident after crashing into 18-year-old Charlie Stevens in 2023.</p> <p>Charlie was celebrating schoolies with his friends, before being struck and suffering irreversible brain damage, as he died in hospital just days later. </p> <p>Judge Joanne Tracey suspended the sentence with a two-year good behaviour bond and a 10-year suspension of his license, citing many reasons why he should not be placed behind bars. </p> <p>Justice Tracey said Randhawa’s youth, lack of prior offending, the circumstances of the offending, his genuine remorse and his guilty pleas were all factors in her decision. </p> <p>“You have accepted there was more you could have done to avoid this tragic outcome,” she said on Tuesday. “It is, of course, the case you had no intention to harm anyone that night."</p> <p>“It is an offence any one of us as road users may commit if we do not take proper care or drive without proper attention.”</p> <p>Speaking after the sentence, Commissioner Stevens he and his family were “grateful” the court process had finished.</p> <p>“The judge said in summing up today … no matter what happens in the courtroom today, it’s not going to change anything for our family, and I think that’s a very true statement,” he said alongside his wife Emma.</p> <p>“We’re grateful this part of the entire process is over. Each court date that has come up has been difficult, stressful and emotional for our family."</p> <p>“We’re grateful Dhirren chose to plead guilty to his offence because that brought this part of it to a conclusion much more quickly."</p> <p>“It is one of those things, we are continuing to learn how to live with every single day without Charlie. It’s not getting any easier, as I’m sure people who have lost a child would appreciate."</p> <p>“We’re very grateful for the support and the sympathy we’ve received from the South Australian community … there’s no way we can acknowledge or repay that in any other format other than thanking people for their support.”</p> <p><em>Image credits: SA Police / Facebook</em></p>

Caring

Placeholder Content Image

Woman sentenced to life for murdering parents and living with their bodies

<p>A British woman, who murdered her parents and lived with their bodies for four years, was sentenced to life imprisonment on Friday and is not eligible for parole for 36 years. </p> <p>When Essex Police raided Virginia McCullough's house in Great Baddow last September, the 36-year-old confessed that her parents' bodies were in the house and that she had killed them. </p> <p>She admitted to poisoning her father, John McCullough, 70, with prescription medication that she put into his drink, and then a few days later, beat her 71-year-old mother Lois McCullough with a hammer and fatally stabbed her. </p> <p>“I did know that this would kind of come eventually,” she said while handcuffed in body cam footage released by police on Friday. </p> <p>“It’s proper that I serve my punishment.”</p> <p>After McCullough was arrested, she told an officer: “Cheer up, at least you’ve caught the bad guy,” adding that “I know I don’t seem 100 per cent evil.”</p> <p>Further body cam footage showed her at the police station telling officers where to find the tools she used to kill her mother. </p> <p>She had pleaded guilty to murdering her parents at a previous hearing in June 2019. </p> <p>In the words of the prosecution, McCullough kept her father in a “homemade mausoleum” in his bedroom and study, in a structure that was “composed with masonry blocks stacked together.”</p> <p>She wrapped her mother's body in a sleeping bag and put it in a wardrobe on the top floor of the property. </p> <p>In the four years after the murder, she ran up £149,697 ($AU289,792) on credit cards in her parents’ names and continued to spend their pensions.</p> <p>The court heard she cancelled family arrangements and told doctors and relatives that her parents were unwell or away on a trip. </p> <p>Statements from her three unnamed siblings were also read in court, and one said:  “our parents were completely blameless victims”. </p> <p>“Virginia always said Mum and Dad were fine and made up lie after lie about their daily activities," another said. </p> <p>Judge Jeremy Johnson said at the sentencing hearing on Friday that McCullough’s actions represented a “gross violation of the trust that should exist between parents and their children.”</p> <p>Judge Johnson said that she had  maintained an “elaborate, extensive and enduring web of deceit” over months and years and that he was sure there was  a “substantial degree of both pre-meditation and planning," that went into the murder. </p> <p>Essex Police said documents found in the home showed that McCullough was trying desperately” to keep her parents from discovering the poor state of her finances, and gave “false assurances” about her employment and future prospects.</p> <p>“She is an intelligent manipulator who chose to kill her parents callously, without a thought for them or those who continue to suffer as a result of their loss,” said Detective Superintendent Rob Kirby. </p> <p>"The details of this case shock and horrify even the most experienced of murder detectives, let alone any right-thinking member of the public.”</p> <p><em>Image: Essex Police/ 7NEWS</em></p> <p> </p>

Legal

Placeholder Content Image

Paul Hogan's grandson facing jail over airport robbery

<p>Paul Hogan's grandson is facing charges after breaking into a secure room at Sydney Airport, just months after avoiding jail on other charges. </p> <p>Police have alleged that Jake Paul Hogan had housebreaking tools in his possession on August 10th when he broke into a secure employee bike rack room in the carpark of the Sydney International Airport.</p> <p>It was there he allegedly stole a custom bike worth $5,000, before returning just three days later with the same housebreaking tools and two black mountain bikes which are suspected to have been stolen.</p> <p>Mr Hogan was charged with six offences related to the break-ins on August 28th, when he was already in custody on remand over separate allegations of breaking and entering.</p> <p>The charges come just three months <a href="https://oversixty.com.au/finance/legal/turn-his-life-around-paul-hogan-s-grandson-set-to-be-released-from-prison" target="_blank" rel="noopener">after</a> the 34-year-old was released from prison after 57 days behind bars. </p> <p>At the time of his release, Hogan broke down in court after learning that his father has moved to Sydney to support him in living a life without crime when he leaves jail.</p> <p>His father Todd Hogan, who is the son of the Crocodile Dundee star, flew back from New Zealand to support his son at the sentencing, in which he was sentenced for breaking into apartment buildings to fund his “high-level drug habit” and for breaching a court order against an ex-girlfriend in May. </p> <p><em>Image credits: Getty Images / Facebook</em></p>

Legal

Placeholder Content Image

Victorian mother jailed for forced marriage that ended in daughter's murder

<p>In a landmark case, a Victorian mother, Sakina Muhammad Jan, has become the first person in Australia to be jailed under forced marriage laws.</p> <p>Jan was sentenced to three years in prison, with a minimum of 12 months to be served, for coercing her daughter, Ruqia Haidari, into marrying a man who later murdered her.</p> <p>The case unfolded in Melbourne's County Court, where Jan was surrounded by emotional family and community members. Jan, an Afghan Hazara refugee, had arranged for her daughter to marry Mohammad Ali Halimi, a match brokered by a local Islamic community member in Shepparton. Despite Haidari's reluctance, Jan pressured her into a full marriage after initial dowry arrangements of $14,000 had been made.</p> <p>Haidari then relocated to Perth with her new husband, Halimi. Six weeks later, she was brutally murdered, her throat slashed with a kitchen knife. Halimi was subsequently sentenced to life imprisonment by a Western Australian court.</p> <p>Judge Fran Dalziel, who presided over Jan's case, noted that Haidari had expressed her desire not to marry, preferring instead to pursue education and work. However, Jan had insisted, telling her daughter (according to Judge Dalziel): “Are you my mother or am I your mother? I can make decisions for you ... Do you think it is up to you? No matter what, you need to listen to me; your mother.”</p> <p>Jan's lawyers argued that she believed she was acting in her daughter's best interests, reflecting her own experiences of being married at a young age without formal education. Nonetheless, Judge Dalziel condemned Jan's actions, stating that she had "abused" her maternal power and made it clear that forced marriage is illegal and carries significant consequences for perpetrators. “It must be made clear to everyone in our country that forced marriage is against the law,” she said. “You abused your power as her mother to override her desire to not marry Mr Halimi.”</p> <p>After the sentencing, Jan had an emotional outburst, refusing to accept the judge's decision or sign a recognisance release order, which would have allowed her to serve two years of her sentence in the community under certain good-behaviour conditions. The courtroom scene escalated, requiring additional security and paramedics when another woman collapsed during the proceedings.</p> <p>This case marks the first known conviction under Australia's forced marriage laws, which were introduced in 2013. Authorities have noted an increase in such cases, particularly involving young women and girls.</p> <p><em>Images: Australian Federal Police \ 9News \ ABC News</em></p>

Legal

Placeholder Content Image

Russell Hill's daughter shares her outrage over Greg Lynn's sentence

<p>Russell Hill's daughter has expressed her anger over the jury's verdict of former pilot Greg Lynn, who was found not guilty for Hill's murder. </p> <p>Greg Lynn faced a lengthy trial over the deaths of campers Russell Hill and Carol Clay, but after a week of jury deliberations, was only <a href="https://oversixty.com.au/finance/legal/shocking-verdict-in-trial-of-murdered-campers" target="_blank" rel="noopener">found guilty</a> for the murder of Carol and was cleared of charges relating to Russell's death. </p> <p>Following the shock verdict, Hill's daughter Debbi, said she was “angry” at the jury and that she felt her father didn’t get the justice he deserved. </p> <p>“It’s new, we’ve only just found out, but the more I think about it, the more angry I get at the fact that it didn’t have to be this way,” Ms Hill told <em>60 Minutes</em> on Sunday. </p> <p>“My dad was not a violent person in any way. He wouldn’t have provoked anything.”</p> <p>Ms Hill went on to say that she thinks about what happened to her father every day. </p> <p>“I’m just really angry that he went camping that day, that time, that he is the person he is and he happened to be right there with my dad and Carol, and this is what happened,” she said. </p> <p>“I think it was just really bad luck for Dad and Carol that they were there at the time, but it wouldn’t have happened if he [Lynn] wasn’t such an awful person.”</p> <p>After the trial concluded, more information has come to light about Lynn's past after non-publication orders were lifted.</p> <p>His first wife Lisa Lynn, 34, was found dead in the front yard of her home in 1999, with a coroner’s report indicating a blood-alcohol level of 0.21 and high levels of anti-depression medication present in her system at the time of her death. </p> <p>No suicide note was ever found and Lynn was never charged over her death, however detectives are now looking to have the Victorian coroner conduct a full inquest into the 1999 death.</p> <p>Ms Hill said it was quite concerning to learn about Lynn’s history, saying, “I hope he doesn’t get away with this, but I’ve lost a bit of faith in the whole system.”</p> <p>“I’m not trusting of it now. We’ll have to wait and see. He’s just such a terrible person.”</p> <p><em>Image credits: Facebook / Victoria Police </em></p>

Legal

Placeholder Content Image

Donald Trump facing jail after guilty verdict

<p>Former US president Donald Trump is facing the possibility of jail time after being found guilty on all 34 counts of a hush money trial in New York. </p> <p>Trump was found to be unanimously guilty by the jury on Thursday afternoon, making him the first former US President with a criminal conviction.</p> <p>In the New York courtroom, he was accused of 34 counts of fraud by falsifying business records to cover up payments of $200,000 ($US130,000) to adult star Stormy Daniels.</p> <p>It was reported that Mr Trump wanted to buy her silence about an alleged extramarital sexual encounter which was in danger of becoming public knowledge in the run up to the 2016 US Presidential election.</p> <p>While paying hush money to cover up a potentially damning story isn't illegal, Trump's falsifying of business records to bury the payments is a criminal offence in the state of New York. </p> <p>Mr Trump, 77, denied a sexual encounter with Ms Daniels took place and denied all the charges.</p> <p>After the guilty verdict was handed down, Trump spoke to reporters outside the courtroom, saying the trial was “rigged” and a “disgrace”.</p> <p>“This was a rigged trial by a conflicted judge who is corrupt,” he said.</p> <p>“The real verdict is going to be November 5 by the people and they know what happened here and everybody knows what happened here.”</p> <p>He insisted “we didn’t do anything wrong”.</p> <p>“I’m a very innocent man and it’s OK, I’m fighting for our country, I’m fighting for our Constitution,” he said.</p> <p>A sentencing hearing has been set for July 11th, just four days before the Republican National Convention, when the party will officially nominate him for President ahead of the election in November.</p> <p>He faces a minimum of probation and a maximum of up to four years in prison.</p> <p><span id="docs-internal-guid-46607c99-7fff-4305-1a14-3fd4a2e9d2b3"><em>Image credits: Justin Lane/UPI/Shutterstock Editorial</em> </span></p>

Legal

Placeholder Content Image

"Last chance, Mr Banducci": Woolies CEO threatened with jail time

<p>Outgoing Woolworths CEO Brad Banducci has been threatened with jail time for refusing to answer questions about price gouging at a fiery Senate enquiry. </p> <p>The parliamentary probe into supermarket prices has seen Banducci be grilled by senators about how the supermarket raked in record-breaking profits during the ongoing cost of living crisis. </p> <p>During the enquiry on Tuesday, Banducci was repeatedly warned by committee chair and Greens senator Nick McKim about giving evasive answers when asked about his company's return on equity.</p> <p>Banducci repeatedly told the committee that return on equity was not his focus, and Woolworths is instead more interested in return on investment, refusing the question and prompting a 15-minute adjournment. </p> <p>When the enquiry resumed, a similar exchange occurred, leading to another warning for the Woolworths chief executive.</p> <p>"Last chance, Mr Banducci," McKim said.</p> <p>"Do you accept that return on equity is an accepted measure of the financial profitability of a company?"</p> <p>When Banducci replied that "we measure return on investment", the committee was suspended.</p> <p>Its return immediately saw another round of the same questions and answers, with McKim warning Banducci about the consequences of not answering questions clearly.</p> <p>"It is open to the Senate to hold you in contempt, and that carries potential sanctions including up to six months imprisonment for you," he said after saying the Woolworths boss could simply say he didn't know the answer and take the question on notice.</p> <p>"That's why this is a critical matter so I'd just ask you to address your mind with absolute clarity, please, to the question I am asking."</p> <p>"I put it to you the reason you don't want to focus on return on equity is because you don't like the story that it's telling, which is that you are basically profiteering and making off with massive profits at the expense of farmers at the expense of your workers and at the expense of Australian shoppers who you are price gouging," Greens senator McKim said.</p> <p>The enquiry is still ongoing, with Coles counterpart Leah Weckert set to address the same Senate committee later on Tuesday as the government continues to probe allegations of price gouging.</p> <p><em>Image Credits: ABC - Four Corners</em></p>

Legal

Placeholder Content Image

Property tycoon sentenced to death over $27 billion fraud

<p>A Vietnamese billionaire was sentenced to death on Thursday in one of the biggest corruption cases in history, an estimated $27 billion in damages - a figure equivalent to six percent of the country’s 2023 GDP. </p> <p>Truong My Lan, chair of major developer Van Thinh Phat, was found guilty of embezzlement, after looting from one of the country's biggest banks, Saigon Commercial Bank (SCB) for over a decade. </p> <p>“The defendant’s actions... eroded people’s trust in the leadership of the (Communist) Party and state,” the verdict read at the trial in Ho Chi Minh City. </p> <p>After a five-week trial, 85 others were also charged for their involvement in the fraud, with charges ranging from from bribery and abuse of power to appropriation and violations of banking law. </p> <p>Four were given life imprisonment, while others received jail terms ranging between 20 years and three years suspended. Lan's husband was Hong Kong billionaire Eric Chu Nap Kee, was sentenced to nine years in prison.</p> <p>Lan and the others were arrested as part of a national corruption crackdown.</p> <p>Lan was initially believed to have embezzled $12.5 billion, but on Thursday prosecutors have said that the total damages caused by the fraud now amounted to $27 billion. </p> <p>The property tycoon was convicted of taking out $44bn in loans from the bank, according to the <em>BBC</em>, with prosecutors saying that $27 billion of this may never be recovered. </p> <p>The court ordered Lan to to pay almost the entire damages sum in compensation. </p> <p>It is also <a href="https://www.bbc.com/news/world-asia-68778636" target="_blank" rel="noopener">reported</a> that she is one of very few women in Vietnam to be sentenced to death for a white collar crime. </p> <p>“In my desperation, I thought of death,” Lan said in her final remarks to the court, according to state media. </p> <p>“I am so angry that I was stupid enough to get involved in this very fierce business environment -- the banking sector -- which I have little knowledge of.”</p> <p>Police have identified around 42,000 victims of the scam, and many of them were unhappy with the verdict. </p> <p>One 67-year-old Hanoi resident told the AFP that she had hoped Lan would receive a life sentence so she could fully witness the devastating impact of her actions. </p> <p>“Many people worked hard to deposit money into the bank, but now she’s received the death sentence and that’s it for her,” they said. </p> <p>“She can’t see the suffering of the people.”</p> <p>The resident has so far been unable to retrieve the $120,000 she invested with SCB. </p> <p>Police have said that many of the victims are SCB bondholders, who cannot withdraw their money and have not received interest or principal payments since Lan’s arrest. </p> <p>Authorities have also reportedly seized over 1000 properties belonging to Lan. </p> <p><em>Image: Twitter</em></p> <p> </p>

Legal

Placeholder Content Image

Do parolees really ‘walk free’? Busting common myths about parole

<p><em><a href="https://theconversation.com/profiles/monique-moffa-1380936">Monique Moffa</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/alyssa-sigamoney-1375881">Alyssa Sigamoney</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/greg-stratton-161122">Greg Stratton</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/jarryd-bartle-441602">Jarryd Bartle</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>, and <a href="https://theconversation.com/profiles/michele-ruyters-18446">Michele Ruyters</a>, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a></em></p> <p>Parole is a hot topic in politics and in the media at the moment, fuelled by several high-profile parole applications.</p> <p>Recently, <a href="https://www.sbs.com.au/news/article/no-parole-for-convicted-baby-killer-keli-lane/xoykrtvxe?cid=testtwitter">Keli Lane’s</a> attempt to be released on parole after years in jail for the murder of her baby daughter was unsuccessful. <a href="https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/how-frankston-serial-killer-paul-denyer-will-apply-for-bail/news-story/4613d1b3fced1f4aeaa9c4e08e8b81e0">Paul Denyer</a>, known as the “Frankston Serial Killer” for murdering three women in the 90s was also denied parole.</p> <p>Meanwhile, Snowtown accomplice <a href="https://www.adelaidenow.com.au/truecrimeaustralia/police-courts-sa/bodies-in-the-barrels-helper-mark-haydon-released-on-parole/news-story/fdfbbbe7b59267d8009c6910249de585">Mark Haydon</a> was granted parole with strict conditions, but is <a href="https://www.abc.net.au/news/2024-04-01/snowtown-accomplice-mark-haydon-still-in-custody-after-parole/103653934">yet to be</a> released.</p> <p>Some media coverage of such well-known cases is littered with myths about what parole is, how it’s granted and what it looks like. Here’s what the evidence says about three of the most common misconceptions.</p> <h2>Myth 1: people on parole walk free</h2> <p>Parole is the conditional release of an incarcerated person (parolee) by a parole board authority, after they have served their non-parole period (minimum sentence) in jail. This isn’t always reflected in headlines.</p> <p><a href="https://www.9news.com.au/national/snowtown-murders-bodies-in-barrels-murders-mark-haydon-release-south-australia/f4b62a72-ec3d-4238-94d2-64697fbcdef3">Some coverage</a> suggests people on parole are released early and “walk free” without conditions. This is not true.</p> <p>According to the <a href="https://www.adultparoleboard.vic.gov.au/what-parole/purpose-and-benefits">Adult Parole Board of Victoria</a>: "Parole provides incarcerated people with a structured, supported and supervised transition so that they can adjust from prison back into the community, rather than returning straight to the community at the end of their sentence without supervision or support."</p> <p>Parole comes with strict conditions and requirements, such as curfews, drug and alcohol testing, electronic monitoring, program participation, to name a few.</p> <p>People with experience of parole highlight its punitivism and continued extension of surveillance.</p> <h2>Myth 2: most parolees reoffend</h2> <p>Another myth is that the likelihood all parolees reoffend is high. Research over a number of years has consistently found parole reduces reoffending.</p> <p>For example, <a href="https://journals.sagepub.com/doi/abs/10.1177/0004865815585393?journalCode=anja">a 2016 study in New South Wales</a> found at the 12 month mark, a group of parolees reoffended 22% less than an unsupervised cohort.</p> <p>A <a href="https://www.bocsar.nsw.gov.au/Publications/CJB/2022-Report-Effect-of-parole-supervision-on-recidivism-CJB245.pdf">2022 study</a> by the NSW Bureau of Crime Statistics and Research found parole was especially successful in reducing serious recidivism rates among incarcerated people considered to be at a high risk of reoffending.</p> <p>More recently in Victoria, <a href="https://www.adultparoleboard.vic.gov.au/system/files/inline-files/Adult%20Parole%20Board%20Annual%20Report%202022-23_0.pdf">the Adult Parole Board</a> found over 2022–23, no parolees were convicted of committing serious offences while on parole.</p> <p>In contrast, unstructured and unconditional release increases the risk of returning to prison.</p> <h2>Myth 3: parole is easy to get</h2> <p>While the number of parolees reoffending has dropped, so too has the total number of people who are exiting prison on parole.</p> <p>Over a decade ago, Victoria underwent significant parole reforms, largely prompted by high-profile incidents and campaigns. In just five years following Jill Meagher’s tragic death in 2012, the Victorian government passed <a href="https://www.tandfonline.com/doi/full/10.1080/10345329.2018.1556285">13 laws reshaping parole</a>.</p> <p>The result is the number of people on parole in Victoria has halved since 2012, despite incarceration numbers remaining steady.</p> <p><iframe id="maNRy" class="tc-infographic-datawrapper" style="border: none;" src="https://datawrapper.dwcdn.net/maNRy/" width="100%" height="400px" frameborder="0"></iframe></p> <p>These reforms have made it more difficult for people convicted of serious offences to get parole, as well as preventing individuals or specific groups from being eligible for parole (such as police killers, <a href="https://theconversation.com/no-body-no-parole-laws-could-be-disastrous-for-the-wrongfully-convicted-191083">“no body, no parole” prisoners</a>, and certain high-profile murderers).</p> <p>Similar laws can be found in other states. For example, no body, no parole was introduced in all other Australian states and territories, except for Tasmania and the Australian Capital Territory.</p> <p>As a consequence, more people are being released at the end of their full sentence. This can be detrimental not only for the incarcerated person but the wider community, because they are not receiving the reintegration support parole provides.</p> <p>Aside from restricted access due to political intervention, parole is facing a new crisis, which has nothing to do with eligibility or suitability.</p> <p>Last year, 40% of Victorian parole applications were denied, often due to reasons <a href="https://www.adultparoleboard.vic.gov.au/system/files/inline-files/Adult%20Parole%20Board%20Annual%20Report%202022-23_0.pdf">unrelated to suitability</a>.</p> <p>Housing scarcity played a significant role, with 59% of rejections (or 235 applications) citing a lack of suitable accommodation as one of the reasons parole was denied. This is playing out <a href="https://www.abc.net.au/news/2023-08-11/women-on-bail-parole-increased-risk-of-homelessness-qld/102717002">across the country</a>.</p> <p>Parole is vulnerable to community and media hype, and political knee-jerk reactions in response to high profile incidents involving a person on parole. Because of the actions of a few, parole as a process has been restricted for many.</p> <p>While the wider community are active in advocacy efforts to restrict parole from certain people or groups (for example, this petition for <a href="https://www.change.org/p/lyns-law-no-body-no-parole">Lyn’s Law in NSW</a>), public efforts to restrict parole seem at odds with its purposes.</p> <p>Despite this, research suggests when the public are educated about the purposes and intent of parole, they are more likely to be <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3125829">supportive of it</a>.</p> <p>The susceptibility of parole to media and community influence results in frequent, impactful changes affecting individuals inside and outside prisons. Headlines such as “walking free” have the potential to mislead the public on the purpose and structure of parole. Coverage should portray parole beyond mere early termination of a sentence by accurately reflecting its purpose and impact.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><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/226607/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/monique-moffa-1380936">Monique Moffa</a>, Lecturer, Criminology &amp; Justice, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/alyssa-sigamoney-1375881">Alyssa Sigamoney</a>, Associate Lecturer in Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/greg-stratton-161122">Greg Stratton</a>, Lecturer - Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>; <a href="https://theconversation.com/profiles/jarryd-bartle-441602">Jarryd Bartle</a>, Associate Lecturer, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a>, and <a href="https://theconversation.com/profiles/michele-ruyters-18446">Michele Ruyters</a>, Associate Dean, Criminology and Justice Studies, <a href="https://theconversation.com/institutions/rmit-university-1063">RMIT University</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>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/do-parolees-really-walk-free-busting-common-myths-about-parole-226607">original article</a>.</em></p>

Legal

Placeholder Content Image

Cricket star jailed for eight years

<p>Sandeep Lamichhane, Nepal's highest-profile cricketer and a well-known figure in international T20 leagues, has been sentenced to eight years in prison by a court in Nepal.</p> <p>The 23-year-old leg spinner, who has played for both the Hobart Hurricanes and the <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Melbourne Stars </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">in the Big Bash League (BBL), was convicted of raping an 18-year-old woman in an incident that occurred on August 21, 2022.</span></p> <p>After the Kathmandu district court found Lamichhane guilty of rape last month, the sentence was officially announced on Wednesday. Lamichhane's lawyer stated that they would launch a higher court appeal, expressing dissatisfaction with the court's decision.</p> <p>Saroj Ghimire, Lamichhane's legal representative, told Reuters, "We are not convinced about the decision of the court ... The court has whimsically declared Sandeep to be a convict. Sandeep will go to the higher court for justice."</p> <p>The court not only sentenced Lamichhane to eight years in prison but also imposed a fine and ordered him to pay compensation of approximately $5,630 to the victim, whose identity remains confidential. The legal repercussions are severe, signalling a significant downfall for the cricketer who was once the face of Nepali cricket.</p> <p>Lamichhane's cricket career, which took him to prestigious T20 leagues in Australia, India, Pakistan and the West Indies, has come to a screeching halt. The leg spinner, who had been suspended as Nepal's captain and taken into custody after an arrest warrant was issued, was released on bail during the court proceedings.</p> <p>The victim reported the sexual assault in August 2022, leading to Lamichhane's arrest – but despite the legal proceedings, the cricketer was permitted to continue playing matches, causing controversy and drawing criticism from various quarters.</p> <p>Lamichhane's return to the cricket field in February last year was met with cheers from fans, but it also ignited anger among Nepalis who disavowed the national team due to his involvement. During an international tournament in Dubai, Scotland's cricketers refused to shake hands with Lamichhane</p> <p>Lamichhane's fall from grace serves as a stark reminder of the importance of accountability, even for high-profile individuals in the world of sports. The legal battle may continue with the planned higher court appeal, but the conviction and sentencing mark a significant chapter in the downfall of a once-celebrated cricketer.</p> <p><em>Images: Getty</em></p>

Legal

Placeholder Content Image

Groom faces serious jail time after $89 million "wedding of the century"

<p>A groom whose viral $89 million wedding was dubbed the "wedding of the century" is now facing a possible life sentence in prison. </p> <p>Jacob LaGrone, 29, and wife, car dealership heiress Madelaine Brockway, took social media by storm last month after videos of their lavish, five-day wedding in France went viral on TikTok. </p> <p>The wedding which featured an overnight stay at the Palace of Versailles, rehearsal dinner at the Paris Opera House, and a performance by Maroon 5 at the Texan couple's reception, was nothing short of amazing. </p> <p>Now, instead of going on their honeymoon, the groom could be facing life in prison, after getting arrested for allegedly shooting at three police officers in an incident on March 14.</p> <p>The Nashville native was indicted eight months ago on three counts of aggravated assault on a public servant, which is a first-degree felony in Texas, that, if convicted, could see him face a sentence from less than five years to life in prison. </p> <p>According to city officials, officers responded to multiple disturbance calls about a gun being discharged at a home – and when the three officers arrived, "they were fired upon” by LaGrone.</p> <p>An indictment obtained by <em>The Washington Post</em>, said that LaGrone "did intentionally and knowingly threaten imminent bodily injury" to the officers and “did use or exhibit a deadly weapon during the commission of the assault, namely, a firearm”.</p> <p>The indictment did not specify where the incident took place, and no further details were given regarding the disturbance calls.</p> <p><em>The Dallas Morning News </em>reported that the Tarrant County District Attorney offered LaGrone a plea deal of 25-years in jail . </p> <p>Neither LaGrone nor his wife have publicly addressed the charges, and both have since made their social media accounts private. </p> <p><em>Images: Instagram/ News.com.au</em></p> <p> </p>

Legal

Placeholder Content Image

"Impossibly sad": P-plater jailed over fatal crash

<p>A southwest Sydney community is reeling after Tyrell Edwards was sentenced for causing the deaths of five children in a fiery crash last year. </p> <p>Edwards, 20, was driving recklessly at speeds of 147km/h in the suburb of Buxton when he crashed into two trees and struck five teenagers. </p> <p>Lily Van De Putte, Gabby McLennan, Summer Williams, all aged 14, Tyrese Bechard, 15, and Antonio Desisto, 16, were all killed in the devastating incident. </p> <p>Appearing in Campbelltown District Court on his 20th birthday, Edwards sentenced to 12 years in prison, and will be eligible for parole in seven years, after pleading guilty to five counts of aggravated dangerous driving occasioning death at a speed more than 45km/h over the limit.</p> <p>The judge described the deaths of the five victims as “tragic and impossibly sad”. </p> <p>“The loss of these five young people diminishes us all,” he said. </p> <p>“Their deaths were completely avoidable and responsibility for them lies squarely at the feet of the offender.”</p> <p>Gasps were heard in the courtroom as the sentence was read, with families of the victims sharing their disappointment at the sentencing. </p> <p>Speaking outside court on Friday, family members of three of the teenagers hit out at the “unfair” sentence. </p> <p>Samantha McLennan said her heart “dropped” as she heard the ruling, while Exavan Desisto said he was “speechless”.</p> <p>“I knew the outcome wouldn’t be spectacular but to hear it was a big shock,” he said. “The justice system absolutely stinks.”</p> <p>John Van De Putte said he expected the sentence to be low, but felt it did not match the crime. </p> <p>“There’s five lives lost. Seven years in jail,” he said. “You’d get more if you killed someone with a baseball bat</p> <p>Mr Van De Putte had previously told the court there was “no excuse” for Edwards, a licensed driver, to have driven so recklessly and endangered the lives of his underage passengers. </p> <p>“No matter what you get, it will not bring back the five lives,” he told the 20-year-old.</p> <p><em>Image credits: Facebook</em></p>

News

Placeholder Content Image

Young woman jailed for 7 years for swapping price tags at supermarket

<p>A Russian court has convicted an artist to seven years in jail  for swapping supermarket price tags with antiwar messages. </p> <p>Sasha Skochilenko, 33, was arrested in St Petersburg and charged with spreading misinformation about the military when she replaced price tags with ones against Russia's invasion of Ukraine.</p> <p>"The Russian army bombed an arts schools in Mariupol. Some 400 people were hiding in it from the shelling," one read. </p> <p>"Russian conscripts are being sent to Ukraine. Lives of our children are the price of this war," the other said. </p> <p>Her arrest is part of the latest crackdown on free speech, and she was arrested after a customer at the supermarket found the slogans and reported her to authorities. </p> <p>Skochilenko's arrest comes one month after authorities adopted a law that criminalises any public expression about the war that deviates from the official Kremlin line.</p> <p>The legislation is used to crackdown on opposition politicians, human rights activists and ordinary citizens that are critical of the Kremlin. </p> <p>The 33-year-old has not denied replacing the price tags but has rejected the accusation of knowingly spreading false information. </p> <p>She also claimed that she didn't want to criticise the military but wanted to stop the fighting. </p> <p>"She is a very empathetic, peace-loving person. To her, in general, the word 'war' is the most terrible thing imaginable, as is the suffering of people," her lawyer Yana Nepovinnova told <em>The Associated Press</em> last week. </p> <p>"She is a very empathetic, peace-loving person. To her, in general, the word 'war' is the most terrible thing imaginable, as is the suffering of people," Nepovinnova added. </p> <p>According to the Russian independent news site Mediazona, Skochilenko said that the case against her was "weird and ridiculous" in her final statement in court and that even the officials where she was detained at  "open their eyes widely and exclaim: 'Is this really what people are being imprisoned for now?'"</p> <p>While addressing the judge in a courtroom full of supporters, Skochilenko also reportedly said that: "Everyone sees and knows that it's not a terrorist you're trying. You're not trying an extremist. You're not trying a political activist, either. You're trying a pacifist."</p> <p>Mediazona also reported that her supporters applauded her and chanted her name when she was led away after the verdict. </p> <p>Nearly 750 people have face criminal charges for their antiwar stances, and over 8100 had petty charges for discrediting the army, which is punishable by a fine or short time in jail.</p> <p><em>Images: BBC News</em></p> <p> </p>

Legal

Placeholder Content Image

MasterChef finalist jailed for 24 years

<p>Paul Douglas Frost, a <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">former finalist on MasterChef Australia, has been ordered to</span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;"> serve a minimum of 24 years in prison – up to a maximum of 32 years – for 43 sexual offences he against 11 children that he committed during his time working as a Sydney swim coach.</span></p> <p>It's been over four years since Frost's arrest, and now the verdict – delivered by Judge Sarah Huggett at Downing Centre District Court in Sydney – sees justice for his crimes that occurred over a period of ten years and involved children as young as ten years old.</p> <p>Judge Huggett made special mention of the “escalating gravity and brazenness” of Frost's crimes against his victims, the <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">youngest of whom was nine or 10 years old when the abuse began, while the oldest was molested until the age of 16.</span></p> <p>Huggett also made it clear in her ruling that Frost had shown no remorse for his actions, while dismissing character references that portrayed him as a protector of young people.</p> <p>“There is no evidence that would permit me to find on balance that he is contrite or remorseful,” she told the court. Frost appeared in court not in person, but via video link from Shortland Correctional Centre, and showed little to no reaction throughout Judge Huggett's sentencing.</p> <p>The majority of Frost’s crimes occurred at a swimming school in southwest Sydney, and testimonies from his victims outlined the depth of Frost’s manipulation, encouraging explicit discussions about sex and masturbation, which eventually led to inappropriate physical contact.</p> <p>The court was also told of Frost's tendency to coerce his victims into remaining silent after the assaults. Judge Huggett also said that Frost’s offences were “opportunistic, impulsive and spontaneous,” which helped him to create an environment that made the discussion of explicit matters appear normal to his victims.</p> <p>Judge Huggett said Frost, who was in his 20s when the crimes were comitted, “created opportunities for him to be alone” with the victims. “In addition to manipulating the victims, he manipulated the parents who trusted him with their children." </p> <p>Frost’s earliest possible release date is June 3, 2047. He is currently being held in protective custody following an assault in July at Shortland Correctional Centre.</p> <p><em>Images: Network 10</em></p>

Legal

Placeholder Content Image

Aussie grandma and former Greens candidate jailed in Japan claims she was scammed

<p>Donna Nelson, a 57-year-old Perth grandmother, has found herself entangled in a nightmarish situation in a Japanese prison, accused of a crime she vehemently denies.</p> <p>Nelson, an Aboriginal health advocate and former Greens candidate, has been incarcerated for nearly a year without a trial date set, facing allegations of attempting to smuggle two kilograms of meth into Japan. However, her plight is not as straightforward as it may seem, and her family and legal team are tirelessly fighting to clear her name.</p> <p>The ordeal began on January 4, when Nelson was arrested at Narita Airport in Tokyo. Authorities claimed to have discovered drugs concealed within a false compartment in her luggage. According to the prosecution, a customs officer suspected her of acting suspiciously. But the narrative has taken a complex turn as Nelson's defence team unveiled a shocking revelation: she alleges she was deceived and manipulated by a Nigerian scammer who had groomed her for two years.</p> <p>Since her arrest, Nelson has been confined to Chibu prison, located an hour outside Tokyo. Her living conditions are appalling; she spends 23 hours a day isolated in her cell, showers are allowed only every three days, and communication with other inmates and visitors is strictly prohibited. This form of treatment is a reflection of Japan's infamous "hostage justice" strategy, aimed at coercing confessions from detainees.</p> <p>The only individuals granted access to Nelson are her lawyers, Australian embassy representatives, and a pastor. Legal representatives have identified a significant issue with translation throughout the case, and it could very well hinge on an inaccurate translation by the customs officer at the time of her arrest.</p> <p>Rie Nishida from Shinjuku International Law Firm, one of Nelson's lawyers, explained, "The main evidence from the prosecution is mainly a customs officer who said she acted suspiciously. There's a lot of mistranslation that's also the difficulty in this case."</p> <p>This mistranslation issue is not trivial; it extends to the messages exchanged between Nelson and the man she believed she had a romantic connection with, who ultimately turned out to be a scammer.</p> <p>Matthew Owens, another member of the legal team and a translator for the case, noted, "Some of them were completely wrongly translated, so we had to re-translate those messages and submit them back to the prosecutor."</p> <p>Nelson remains steadfast in her conviction that she is innocent of the accusations against her. Her lawyer,  Owens, relayed her message, saying, "Donna wants to say that she is going to be able to prove her innocence, she's 100 per cent confident of that, and she wants everyone in Australia and the world to know she is innocent."</p> <p>If found guilty, Nelson could face a harrowing 20-year sentence in a Japanese prison, a terrifying prospect for both her and her family. Her five daughters and grandchildren are distraught, but they are not giving up the fight to prove her innocence. They believe they have evidence to substantiate the claim that she was scammed and unjustly accused.</p> <p><em>Image: Australian Greens</em></p>

Legal

Placeholder Content Image

How mistaken identity can lead to wrongful convictions

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

Legal

Placeholder Content Image

Home and Away star jailed for violent assault

<p>Former <em>Home and Away</em> star Felix Dean has been jailed for a violent assault, in which he attacked three people, tried to steal a car and used a wine bottle as a weapon. </p> <p>The 26-year-old appeared in Sydney Downing Centre Local Court via video link on Monday where he pleaded guilty to assault with intention to rob, three counts of common assault, and breaching a previous court order.</p> <p>The court heard he was using drugs and “heavily intoxicated” when he approached a stranger for “unclear reasons” outside a restaurant in Newtown, in Sydney’s inner west, earlier this year. </p> <p>Dean, who shot to fame portraying the young character VJ Patterson on the hit show <em>Home and Away</em>, then became engaged in a violent altercation with two people on the street. </p> <p>Just a few weeks later, Dean then tried to steal a man’s luxury car while wielding a wine bottle as a weapon in the suburb of Botany. </p> <p>His lawyer Phoebe MacDougall told the court on Monday Dean didn’t dispute the facts of the offences, given he was under the influence when they occurred. </p> <p>“He largely doesn’t remember the events, given the drugs he was on at the time, being meth and alcohol,” she said.</p> <p>Ms MacDougall explained the former child actor had become addicted to illicit drugs following a traumatic event at school which “significantly altered his personality during his formative years”. </p> <p>In a statement provided to NCA NewsWire, Dean explained he “resorted to drugs to cope with strong emotions” following the disturbing occurrence at school. </p> <p>“Not only dealing with that, but I was also living on the streets, with the shame of knowing I was recognised because of my time as an actor on TV,” he said.</p> <p>Ms MacDougall said Dean was very encouraged by the prospect of engaging in rehabilitation and had tried to enrol himself in a custodial program.</p> <p>However, given the seriousness of Dean's criminal record, he was sentenced to 20 months imprisonment with a non-parole period of one year. </p> <p>“I want to apologise to the many people I have hurt and to my mother who has stood by me,” Dean continued in his statement.</p> <p>The former child actor maintained his time on hit soap opera<em> Home and Away</em> had been a “positive experience” but admitted he continues to struggle with the fallout of fame.</p> <p>“Ten years on, when even the character has been replaced by multiple actors, I am trying my best to overcome the challenges I have outside of the show,” he said.</p> <p>“I wish nothing more than to be afforded the opportunity to do so without the scrutiny of the public and the media.”</p> <p><em>Image credits: Seven / Facebook</em></p>

Legal

Placeholder Content Image

Sitcom star jailed for 30 years

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

Legal

Our Partners