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.
On Monday this week, the Attorney General, Michael Davies, issued an unconditional pardon and immediately released Ms Folbigg from prison. Ms Folbigg had been incarcerated for 20 years after being convicted for killing each of her four children. She has…
On Wednesday, 31 June, Sue Higginson (Greens Party) made a motion in the Legislative Council of the NSW Parliament. The speech demonstrated the courage that our legislators require to do their job and seek genuine justice rather than hiding behind…
Fourteen academics from law faculties in universities of NSW have co-signed a letter for the Attorney General, Mr Michael Daley, to immediately release Ms Folbigg from prison pending the further steps that will be taken for her complete exoneration. The…
Table of Contents Sue Higginson, a member of the NSW Parliament for the Greens, has called on the Attorney General, the Hon. Michael Daley and the Premier, to ensure the immediate release of Kathleen Folbigg. Ms Higginson points out that…
Table of Contents Pardon and Parole Powers and Procedures in New South Wales This short paper has been prepared because some parliamentarians in New South Wales have indicated they do not understand the law as it relates to the exercise…
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.
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.
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.
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.