Australian Politics Forum - Pleads guilty ~ conviction quashed

Aussie

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Pleads guilty ~ conviction quashed
Apr 12^th, 2017 at 2:55pm

This scenario was something I was acutely aware of when I was the retained ATSILS Lawyer in Rocky many years ago. You could never, ever be sure the client had a real grasp of what was happening around them as they were always so ready to say that they did understand....probably out of embarrassment if they said they did not.

Link.

There must be some forensic evidence which backed up that he is totally innocent, but that is not set out in the Link.

One for the death penalty ghouls. Not even 'confessions' are reliable.

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« Last Edit: Apr 12^th, 2017 at 3:17pm by Aussie »

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BigOl64

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Re: Pleads guilty ~ comviction quashed
Reply #1 - Apr 12^th, 2017 at 3:07pm

Aussie wrote on Apr 12^th, 2017 at 2:55pm:

One for the death penalty ghouls. Not even 'confessions' are reliable.

A confession with no forensic evidence will be extremely unreliable; the cops can easily beat a confession out of someone, but they are rarely smart enough to falsify forensics.

The death penalty is for when the (real) evidence is irrefutable and the crime 'worthy'.

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rhino Gold Member Offline Australian Politics Posts: 17179 Gender:	Re: Pleads guilty ~ comviction quashed Reply #2 - Apr 12^th, 2017 at 3:15pm Gene Gibson has an IQ of around 70. Who knows if he did it, he cant remember yesterday.
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Gnads Gold Member Offline Australian Politics Posts: 34295 Gender:	Re: Pleads guilty ~ conviction quashed Reply #3 - Apr 12^th, 2017 at 5:25pm All well & good ..... but the real killer is still out there.
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cods Gold Member Offline Australian Politics Posts: 88048	Re: Pleads guilty ~ conviction quashed Reply #4 - Apr 12^th, 2017 at 5:26pm "We wish to acknowledge in that regard Josh's mother, Ingrid Bishop, who has publicly supported our client's cause, and we hope in the future she obtains the justice she and her family deserve." my question is for the Legals.. 5 years before his appeal is heard... what the hell is going on up there?..
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Aussie Gold Member Offline OzPolitic Posts: 39965 Gender:	Re: Pleads guilty ~ conviction quashed Reply #5 - Apr 12^th, 2017 at 5:41pm Gnads wrote on Apr 12^th, 2017 at 5:25pm: All well & good ..... but the real killer is still out there. Correct, and largely to blame will be the whitey criminal justice system which takes for granted *all* people, Aboriginal or otherwise, truly understand what they are being processed through.
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Alinta Gold Member Offline Australian Politics Posts: 1470 Melbourne Gender:	Re: Pleads guilty ~ conviction quashed Reply #6 - Apr 12^th, 2017 at 6:07pm Obviously not the transcript of today's hearing, however this link contains much that will help us understand the course of events.... http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASC/2014/240.html?stem=0...
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Lord Herbert Gold Member Offline Posts: 34441 Gender:	Re: Pleads guilty ~ conviction quashed Reply #7 - Apr 12^th, 2017 at 6:16pm Aussie wrote on Apr 12^th, 2017 at 2:55pm: There must be some forensic evidence which backed up that he is totally innocent ... Huh? You mean lack of forensic evidence that he murdered this man.
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Aussie

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Re: Pleads guilty ~ conviction quashed
Reply #8 - Apr 12^th, 2017 at 6:18pm

Lord Herbert wrote on Apr 12^th, 2017 at 6:16pm:

Aussie wrote on Apr 12^th, 2017 at 2:55pm:

There must be some forensic evidence which backed up that he is totally innocent ...

Huh?

You mean lack of forensic evidence that he murdered this man.

Yeas, Herbert, that is what this means:

Quote:

There must be some forensic evidence which backed up that he is totally innocent ...

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Lord Herbert

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Re: Pleads guilty ~ conviction quashed
Reply #9 - Apr 12^th, 2017 at 6:19pm

Aussie wrote on Apr 12^th, 2017 at 5:41pm:

Gnads wrote on Apr 12^th, 2017 at 5:25pm:

All well & good .....

but the real killer is still out there.

Correct, and largely to blame will be the whitey criminal justice system which takes for granted all people, Aboriginal or otherwise, truly understand what they are being processed through.

Nonsense.

That's a 'Get Out of Jail Free' card. You don't need to have a PhD in rocket science to know you're being charged with murder.

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polite_gandalf Gold Member Offline Australian Politics Posts: 20027 Canberra Gender:	Re: Pleads guilty ~ conviction quashed Reply #10 - Apr 12^th, 2017 at 6:20pm There was a good piece on this on PM this afternoon. Apparently he's been locked up since 2012. Outrageous. I hope he gets compensated.
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Aussie

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Re: Pleads guilty ~ conviction quashed
Reply #11 - Apr 12^th, 2017 at 6:26pm

Lord Herbert wrote on Apr 12^th, 2017 at 6:19pm:

Aussie wrote on Apr 12^th, 2017 at 5:41pm:

Gnads wrote on Apr 12^th, 2017 at 5:25pm:

All well & good .....

but the real killer is still out there.

Correct, and largely to blame will be the whitey criminal justice system which takes for granted all people, Aboriginal or otherwise, truly understand what they are being processed through.

Nonsense.

That's a 'Get Out of Jail Free' card. You don't need to have a PhD in rocket science to know you're being charged with murder.

Not everyone has your IQ level, Herbert. Some people in the schit with Plod have no idea what is going on......and Plod is quite happy to exploit that to get a conviction, as has been established in this sorry case.

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Alinta

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Re: Pleads guilty ~ conviction quashed
Reply #12 - Apr 12^th, 2017 at 7:52pm

cods wrote on Apr 12^th, 2017 at 5:26pm:

"We wish to acknowledge in that regard Josh's mother, Ingrid Bishop, who has publicly supported our client's cause, and we hope in the future she obtains the justice she and her family deserve."

my question is for the Legals..

5 years before his appeal is heard... Angry

what the hell is going on up there?..

Cods, as far as I can work out a timeline by cross referencing several reports- in a nutshell:

Charged and has been incarcerated since 2012

Convicted of manslaughter 22/10/14

Application for Leave to Appeal 20/6/16

Application for Leave to Appeal granted 15/11/16

Appeal Hearing 12/04/17

The Appeal process does take time because of the copious amount of document compilation and exchange between the Prosecution and Defence.

That said, while the Appeal was heard within a reasonable time frame, I believe Mr Gibson is deserving of substantial compensation for his 5 years' incarceration in a massive and deeply disturbing miscarriage of justice.

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Lord Herbert

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Re: Pleads guilty ~ conviction quashed
Reply #13 - Apr 12^th, 2017 at 8:10pm

Aussie wrote on Apr 12^th, 2017 at 6:26pm:

Not everyone has your IQ level, Herbert. Some people in the schit with Plod have no idea what is going on......and Plod is quite happy to exploit that to get a conviction, as has been established in this sorry case.

I'm a little cynical about the 'Mentally Incompetent' defence strategy, but okay, I'll concede the point to you partly because of highly suspect claims in the following link ...

link

I have always understood that the law deems a child under 10 to be not morally competent enough to be legally accountable for criminal actions.

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Lord Herbert Gold Member Offline Posts: 34441 Gender:	Re: Pleads guilty ~ conviction quashed Reply #14 - Apr 12^th, 2017 at 8:12pm polite_gandalf wrote on Apr 12^th, 2017 at 6:20pm: I hope he gets compensated. I hope he gets proved innocent.
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