The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh. Â
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
David Harris died in 2019 and a coronial inquest is pending. He suffered schizophrenia for most of his adult life and died alone, his body not discovered for two months. This is the story of his life.
Expert evidence is crucial to the outcome in many legal cases before the courts. The law surround the use of experts has been developing for more than 200 years. This article looks at the current law in Australia involving the use of expert opinion evidence.
Mark Basa has been at the Villawood Detention Centre for several years. Without warning and in the middle of the night, he was recently taken from Villawood to Perth where he stayed for a number of weeks. Then, again in the middle of the night and without warning, he was taken in chains to Christmas Island.
The media has followed the case since its inception. While the earlier reports were demonising, the later scientific evidence has raised the obvious question – did the court get it wrong? This question is not only raised in the Australian…
The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.
We are physiologically ‘designed’ to feel and respond to fear. Almost universally, we use fear in our interactions with others. However, it is also a tool for politicians to ensure the population remains complaint and accepts injustice.