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Pell V The Queen
''Pell v The Queen'' was a High Court of Australia decision that overturned the conviction of Cardinal George Pell for sexual offences against a child. On 22 June 2017, Victoria Police announced Pell's arrest for historical sexual assault charges on two choirboys at St Patrick's Cathedral in Melbourne. The allegations stemmed from Pell's time spent as Archbishop of Melbourne, and pertained to two anonymous victims referred to throughout the court process as victim A and victim B. B died before any allegation was reported to police. There was a sequence of trials: * A first trial in the County Court of Victoria failed when the jury was unable to reach a verdict. * A re-trial in the County Court of Victoria found Pell guilty. * An appeal to the Victorian Supreme Court of Appeal failed 2 judges to 1. * Finally an appeal of the Supreme Court appeal, to the High Court of Australia full bench, succeeded, overturning the inferior courts' decisions. During the County Court t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including '' nolo contendere'' (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States). Under common law systems, a defendant who pleads guilty will be convicted if the court accepts the plea. The court will then determine and impose a sentence. Plea bargaining involves discussions between the prosecutor and defendants to reach an agreement for a guilty plea in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does not prevent a full trial or relieve the prosecutor from presenting a case to the court. Types of plea The most common types of plea are "guilty" and "not guilty". In some legal systems pleading guilty can result in a more lenient punishment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HM Prison Barwon
HM Prison Barwon or informally Barwon Prison, an Australian high risk and maximum security prison for males, is located from the township of Lara, near Geelong, Victoria, Australia. The facility is operated by Corrections Victoria. The prison provides accommodation and services for remand and sentenced prisoners detained under Victorian and Federal legislation. Barwon Prison is located adjacent to the 559-bed medium security Marngoneet Correctional Centre, opened in 2006. History Barwon was built to cater for demand due to the recent closures of HM Prison Geelong in 1991 and HM Prison Pentridge in 1997. Construction of the prison commenced in 1986. The works were carried out by Thiess Contractors. It was completed in October 1989 and the first prisoners were received in January 1990. Barwon is the only Victorian maximum security prison located outside the Melbourne metropolitan area. Accommodation units Barwon provides accommodation and services for maximum securi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Doubt
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases, reflecting the principle that in criminal cases the stakes are significantly higher: a person found guilty can be deprived of liberty or, in extreme cases, life itself, in addition to the collateral consequences and social stigma attached to conviction. The prosecution bears the burden of presenting compelling evidence that establishes guilt beyond a reasonable doubt; if the trier of fact is not convinced to that standard, the accused is entitled to an acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the Double jeopardy, retrial of the accused for the same offense, even if new Evidence (law), evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Legal System
The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the United Kingdom, regulations, and the judicially determined Common law in Australia, common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Constitution of Australia, Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own Judiciary of Aus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction. Civil law (legal system), Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. The highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chris Maxwell (jurist)
Christopher Murray Maxwell is an Australian jurist. He succeeded Justice John Winneke as President of the Victorian Court of Appeal on 16 July 2005. He retired as President of the Court of Appeal on 15 July 2022, after serving in the role for 17 years. Career Maxwell was educated at Melbourne Grammar School and the University of Melbourne where he was resident at Trinity College. He played rugby and Australian rules football at Trinity, where he was the senior student in 1973. After graduating with honours in 1974, he was selected as Victorian Rhodes Scholar for 1975, completing a Bachelor of Philosophy at Oxford University. In 1978, he became a barrister at Lincoln's Inn in London practising briefly at the English Bar. In 1979, he returned to Melbourne working as a solicitor at law firm Phillips Fox. In 1981, he became principal private secretary to ALP Senator Gareth Evans who was appointed as federal Attorney-General in 1983. In 1983, he left to become a barrister in Victo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anne Ferguson (judge)
Anne Ferguson is an Australian judge and former lawyer who served as Chief Justice of Victoria from 2 October 2017 to 2 February 2025. She was first appointed as a judge of the Supreme Court of Victoria in 2010. Early life Ferguson was educated at the Brigidine Sisters’ Killester College in Springvale where she was academic dux. She studied Arts and Law at Monash University, winning the Supreme Court Prize as the top student in her graduating class. Ferguson was also appointed Editor of the '' Monash University Law Review''. In 1989, she graduated with a Doctor of Philosophy in Law from the University of Southampton The University of Southampton (abbreviated as ''Soton'' in post-nominal letters) is a public university, public research university in Southampton, England. Southampton is a founding member of the Russell Group of research-intensive universit .... Her thesis was on unfair contracts. Legal career Prior to her judicial appointments she worked as a l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a Discharge (sentence), discharge and is used in countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. In some judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Sexual Abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in Human sexual activity, sexual activities with a child (whether by asking or pressuring, or by other means), indecent exposure, child grooming, and child sexual exploitation, such as using a child to produce child pornography. CSA is not confined to specific settings; it permeates various institutions and communities. CSA affects children in all socioeconomic levels, across all racial, ethnic, and cultural groups, and in both rural and urban areas. In places where child labor is common, CSA is not restricted to one individual setting; it passes through a multitude of institutions and communities. This includes but is not limited to schools, homes, and online spaces where adolescents are exposed to abuse and exploitation. Child marriage is one of the main forms of child sexual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
