Political Prosecutions: Crimes Against Democracy
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.
A Second Inquiry for Kathleen Folbigg
Fourteen months after the request for a pardon was presented, the Governor of NSW, the Hon Margaret Beazley, has announced that a second inquiry would be held into the conviction of Kathleen Folbigg. This recommendation was made by the Attorney…
Criminal Case Review Commissions and Criminal Appeal Limitations
The way in which criminal cases involving potential injustice are dealt with in NSW is flawed and lead to serious problems – Kathleen Folbigg is an example of the systemic failure. An alternative approach is offered in this lecture.
Request to the NSW State Coroner for a Coronial Inquest into the Deaths of Caleb, Patrick, Sarah and Laura Folbigg
A copy of the request to the NSW State Coroner to open a Coronial inquest into the deaths of Caleb, Patrick, Sarah and Laura Folbigg.
Press Release | One Year On and Still No Answer From the NSW Attorney General
The Australian Academy of Science issues a press release on March 5, 2022. You can see the original here. https://vimeo.com/518533234 “Respect the scientific and medical evidence that provide ample justification for the pardon of Kathleen Folbigg and demonstrate that…
Expert Evidence Part 2: Legislation and Case Law
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.
Kathleen Folbigg’s legal team request an inquest.
Kathleen Folbigg’s legal team has launched a request for a coronial inquest into the deaths of her children.
An inquest should identify the medical evidence that supports the contention that the children died of natural causes.
Articles | Crime | Expert Evidence | Kathleen Folbigg | Law | Smothering | Trials
Evidence Excluding Smothering
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.
Beyond Reasonable Doubt Meaning
The criminal justice system cannot function to allow fair trials unless those deciding whether an offence has been committed understand that they need to apply the highest standard of proof when considering the evidence presented to them.
This article explores issues beyond reasonable doubt to provide insight for those in the legal profession and members of the public.
Expert Evidence Part 1: A Short History of Expert Evidence
Expert evidence plays a key role in the decisions of courts every day across the world. In some cases, experts provide knowledge and information integral to the outcome of the judicial decision. However, experts have not always played a role in legal decision making, and this article traces the history of expert evidence, the problems and solutions developed over the last few hundred years.