Tag Archives: court

Woman who attacked Hobart Supreme Court prosecutor has PTSD, court told

Updated December 14, 2015 17:21:11

A Supreme Court judge due to sentence a lady for attacking a prosecutor in court has been asked to consider that she has post traumatic anxiety disorder (PTSD).

Rachael Vanessa Bradford, 42, pleaded guilty to contempt of court soon after striking the prosecutor on the head and back and pulling her hair.

The attack happened when the Court of Criminal Appeal added at least a year to the terms of three armed robbers, a single of whom was Bradford’s son, on November 4.

Defence lawyer Greg Barns told Justice Helen Wood his client accepted she had been in the wrong.

The court heard Bradford’s other son had been shot when he was 15 and she had seasoned post traumatic stress disorder as a result.

Mr Barns stated Bradford was far more prone to anger due to the fact of her PTSD symptoms.

“This history of events has, if I can use the term, unhinged my client,” he told the court.

Director of Public Prosecutions Daryl Coates accepted Bradford was a lot more prone to anger, but told the court he did not accept that she became suddenly enraged when her son’s sentence was elevated.

“Given this was a crown appeal against sentence, the accused had to at least be aware of the possibility that the sentence could be elevated,” he said.

He asked Justice Wood to consider basic deterrence when sentencing, saying the court could not function in mayhem.

“Justice cannot be completed if men and women do not really feel secure,” Mr Coates mentioned.

Mr Barnes asked for Bradford’s time currently spent in custody be regarded as.

Bradford will be sentenced on Friday.

Topics: law-crime-and-justice, courts-and-trials, mental-overall health, hobart-7000

Very first posted December 14, 2015 17:15:46

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Funds meant for IS militants found in dirty laundry by mother, court hears

Posted December 14, 2015 14:22:32

Map: Parramatta 2150

Cash allegedly intended for the Islamic State terrorist group was located by the mother of a rollover witness as she went to wash his clothes, a Sydney court has heard.

Oarjan Azari and Ali Al-Talebi are accused of generating $ six,000 obtainable to the Islamic State group in two separate income transfers final year.

It is alleged they utilized the witness providing proof against them to do the transfers via Western Union outlets at Parramatta and Auburn.

He was referred to as a rollover witness in court because he had previously worked with the men and was now testifying against them. He will not face prosecution.

A committal hearing was told this man, who cannot be identified, tried to make a third transfer of $ 9,000, but pulled out due to the fact he was unsure about costs that have been to be charged.

The court heard the cash was later found by his mother in the pocket of his shorts.

“Laundering cash,” Magistrate Peter Miszalski stated.

Prosecutor Peter Neil SC responded: “Practically actually.”

The court heard the witness was younger than Azari and Al-Talebi, and was below their influence.

Mr Neil said the goal of the transfers was “to end up supporting Islamic State activities in Syria and Iraq”.

Up to 7,000 pages of secretly recorded phone conversations were tendered as proof to the court.

Appearing for Azari, barrister Steven Boland mentioned there was no proof the funds had been “ever received by any terrorist organisation”.

He said there was a lot of evidence suggesting the opposite.

The prosecution said this was irrelevant.

“Whether they got their hands on it or not is another question,” Mr Neil said.

The witness is expected to give further evidence on Wednesday.

Topics: terrorism, courts-and-trials, law-crime-and-justice, parramatta-2150, nsw, australia, auburn-2144

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Refugee urged to drop charges following becoming strangled by boyfriend, court told

Posted December 10, 2015 15:21:23

An Iranian refugee, whose estranged boyfriend used her hijab to strangle her till she passed out, has told Adelaide’s Supreme Court she is “confused” by his actions and was urged by other folks to drop the charges.

Qasem Gardi, an Afghani refugee, was discovered guilty by a judge of attempting to murder the then 18-year-old lady in October final year and will be sentenced next week.

The court heard how Gardi, 20, drove the girl to Para Vista and strangled her with her hijab and his hands.

The teenager, whom the ABC has selected not to name at her request, said the connection was against her family’s cultural beliefs and she felt she had lost their trust.

She arrived in Australia as a refugee from Iran in 2011 and stated she also struggled to trust others and was overwhelmed with worry and nightmares.

“I’m nevertheless tremendously confused by his actions,” she told the court.

“I located it very difficult to get my life back to normal, as I felt an outcast amongst my peers.

“I feel numb, disconnected and unable to trust individuals.”

She mentioned some people urged her to drop the charges.

They were young 17-year-olds in a totally free society bound by their own cultural difficulties.

Defence lawyer Ahura Kalali

“I have been below excellent pressure to maintain my experience unknown,” she said.

“Your actions and behaviours are unforgivable.”

Gardi’s lawyer, Ahura Kalali, said the connection had to be kept a secret since of the couple’s cultural backgrounds.

“It was due to their culture that the relationship had to be kept a secret and that was divisive,” he stated.

“In my submission, it was divisive for each of them.

“They had been young 17-year-olds in a totally free society bound by their own cultural troubles.”

He mentioned his client was separated from his quick family members at about the age of ten, and lived in Iran and Pakistan ahead of coming to Australia alone as a 16-year-old.

Mr Kalali mentioned Gardi was emotionally immature and formed a sturdy emotional bond with the girl.

“The relationship went properly to start with but it started to fracture and it appears that Mr Gardi found it really difficult to accept,” he mentioned.

“It also appears that at the time he had place all of his emotional bond into the complainant provided that he had been separated from his family members.

“He believed he was trying to do the proper factor culturally to stand by her.”

‘Garden variety domestic violence’

But prosecutor Lucy Boord stated Gardi’s actions amounted to a “garden assortment example of domestic violence”.

“It wasn’t an act that took place in a matter of mere seconds,” she stated.

“This was an act where Mr Gardi had a box cutter to restrain [the victim] to then take her away to a distinct place.”

She said the girl was strangled three distinct occasions in 3 ways — the very first two times whilst the automobile was stopped and then when he was driving.

It is not known why Gardi ultimately stopped the attack and called an ambulance.

Audio of the triple- call incorporated Gardi saying he attempted to kill her.

Gardi will be sentenced on December 18.

Topics: crime, law-crime-and-justice, domestic-violence, community-and-society, para-vista-5093

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CFMEU members protest outdoors Melbourne court ahead of look by senior officials

Posted December 08, 2015 09:10:18

A huge contingent of police has gathered outside the Melbourne Magistrates Court ahead of an look by union heavyweights John Setka and Shaun Reardon.

Police have been out in force which includes on horseback, outside the court as dozens of CFMEU members gathered to show their support for the state secretary Setka and his deputy Reardon who have been each charged with blackmail on the weekend.

CFMEU members marched outside the court shouting: “Johnny Setka, here to remain! Shaun Reardon, here to keep!”

The charges are linked to a long-operating dispute with concrete firm Boral.

The men had been arrested and charged by a taskforce set up to investigate matters arising from the royal commission into trade union corruption.

The men are expected to seem in court shortly.

Subjects: courts-and-trials, law-crime-and-justice, unions, melbourne-3000

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‘Mummy’s dead in the lounge room’: Court told girl alerted witness to woman’s alleged murder

Posted December 03, 2015 14:41:26

A man who tried to save a mother of 4, allegedly murdered in her Brisbane home, says he was awoken to the crime by 1 of her youngsters telling him “mummy’s dead in the lounge area”.

Dylan Brady has provided proof relating to the alleged murder of 34-year-old Anthea Mari.

Ms Mari was found dead in her Norman Park house, in Brisbane’s east, in August 2014.

Jacob Michael Smith has been charged with her murder and is facing a committal hearing in the Brisbane Magistrates Court.

Mr Brady right now testified that he was staying at Ms Mari’s house on the night she was killed.

He told the court 1 of her daughters woke him saying “mummy’s dead in the lounge room”.

The court heard he found Ms Mari’s physique and undertook CPR until an ambulance arrived.

Mr Brady told the court he noticed Ms Mari was wearing a thin chain necklace and had a mark on her neck.

He said it looked liked a person had pulled back on the necklace and applied pressure.

Scientific officer Senior Constable Guy Norton also gave evidence that he examined the crime scene for 3 days, taking swabs all through the residence.

He told the court when he examined the physique he noticed a discolouration to Ms Mari’s throat and neck.

Senior Constable Norton said it was a tiny abrasion in the vicinity of the necklace, measuring 5mm by 5mm.

The hearing continues.

Topics: law-crime-and-justice, murder-and-manslaughter, norman-park-4170, brisbane-4000

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Sentence provided to ex-Bega Cheese boss doesn’t reflect seriousness of crimes, court told

By Ursula Malone

Posted December 02, 2015 17:45:29

The 13-year maximum sentence given to former Bega Cheese boss Maurice Van Ryn was “manifestly inadequate” and failed to reflect the seriousness of his child sexual assault crimes, the Court of Appeal has heard.

Van Ryn was sentenced to 13 years in jail, with a non-parole period of seven years, right after pleading guilty to the abuse of nine boys and girls among 2003 and 2014 on the New South Wales South Coast.

Appearing for the crown in the Court of Appeal, Sally Dowling SC stated the sentencing judge erred in not taking into account proof of grooming.

She said the offences had been not a “brain snap” as Van Ryn had claimed throughout the trial.

Rather, she said, there was a “modus operandi” whereby Van Ryn enticed youngsters with gifts of income and sweets.

In one case she stated the successful businessman had taken a boy on an overnight trip to Canberra, throughout which he gave him alcohol and showed him pornography before sexually assaulting him.

“In my submission, the causes for rejecting a finding of grooming are totally unconvincing and not supported by the evidence,” Ms Dowling mentioned.

His offending, she said, was premeditated and cynical.

Many of Van Ryn’s victims and their families listened in the public gallery as the crown challenged the sentencing judge’s obtaining that Van Ryn had shown “deep contrition”.

“He consistently minimised and downplayed his function. The obtaining of deep contrition was not appropriately obtainable,” the crown submitted.

Appearing for Van Ryn, Stephen Odgers SC said the sentence imposed was the proper a single.

He stated while on the face of it the sentence appeared to be lenient, it was his submission that the Court of Appeal would not be happy it was inadequate.

He stated Van Ryn was taking drugs to minimize his sex drive and his testosterone levels had dropped down virtually to practically nothing.

Mr Odgers said his client’s willingness to submit to this remedy was proof of his contrition.

“It was open to the judge to conclude he was most likely to be able to maintain that regime and it was likely he would not reoffend,” he mentioned.

The panel of 3 judges adjourned to think about the appeal and was expected to provide its choice in the new year.

Topics: crime, law-crime-and-justice, courts-and-trials, bega-2550, nsw

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Convicted killer Luigi Costa had inability to appreciate wrongness, court told

Posted December 02, 2015 14:45:47

Convicted killer Luigi Costa’s lawyer said his client had a “full inability to appreciate the wrongness of his conduct” in the brutal killing of his neighbour Terrence Freebody three years ago.

A jury identified Costa, 72, guilty of killing Mr Freebody by slashing his throat and stabbing him a number of times.

The pair had been drinking at Costa’s property where Mr Freebody and his wife had gone for a pay a visit to.

Mrs Freebody left just before the attack following taking exception to language becoming utilized by Costa.

Costa’s lawyer Remy van de Wiel failed to convince the jury he was not guilty by purpose of mental impairment.

The court heard different proof about regardless of whether Costa had been suffering dementia or some type of mild mental impairment due to lengthy-term alcohol abuse.

Prosecutor Shane Drumgold told the court it created no difference soon after the jury verdict.

“What ever he has it’s not relevant to sentence,” Mr Drumgold mentioned.

Photo taken approximately 10 years ago (late 1990's - early 2000's). Terrence Freebody was a past Canberra cricketer. Photo: Terrence Freebody (pictured approximately 15 years ago) was murdered by Luigi Costa. (ABC News)

But Mr van de Wiel told the court even at the scene it was clear Costa was in a confused state.

“There seems to be a full inability to appreciate the wrongness of his conduct,” he said.

Mr van de Wiel admitted jail was inevitable.

“He’s got to go to jail, he’s got to keep in jail, it is got to be a substantial sentence, no doubt about that,” he mentioned.

He suggested a head sentence of 12 to 14 years.

Mr Drumgold said he would stop brief of asking for a life sentence, but mentioned the term need to reflect the fact this was a brutal attack on a defenceless victim.

Costa will be sentenced tomorrow.

Subjects: courts-and-trials, murder-and-manslaughter, act, canberra-2600

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Man and lady face court more than infant death

By Alyse Edwards

Posted December 02, 2015 13:39:59

Map: Rockhampton 4700

A man and lady from Gladstone have appeared in court more than the death of a child in central Queensland much more than two years ago.

An 11-week-old boy was discovered with extreme injuries at a Rockhampton residence in May 2013.

Police mentioned the boy’s injuries integrated 22 broken or fractured bones and bleeding on the brain.

The baby was flown to hospital in Brisbane but died a week later.

Prosecutors stated the baby was also severely malnourished with poor fat stores, and died from an incident straight associated to violent shaking and a lack of oxygen to the brain.

The court was told the trauma occurred over a period of one particular to four weeks due to the fact some of the bones had began to heal in a deformed manner.

Christopher Allan Holland, 31, appeared at Gladstone Magistrates Court charged with manslaughter and cruelty to kids.

He did not apply for bail and remains in custody.

His co-accused, Megan Jean Freeman, 22, is accused of kid cruelty and has been released on bail.

The case against both defendants has been adjourned till later this month.

Subjects: courts-and-trials, murder-and-manslaughter, rockhampton-4700, gladstone-4680

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Man in court on murder charge over fatal motorway argument

By Louisa Rebgetz

Updated December 02, 2015 11:44:55

A man accused of assaulting an additional man causing him to fall into the path of a truck on a motorway south of Brisbane has appeared in court charged with murder.

Tamate Henry Heke, 36, is accused of killing a 50-year-old Munruben man on the Gateway Motorway at Eight Mile Plains, south of Brisbane, yesterday afternoon.

Police alleged Heke assaulted the man, causing him to fall onto the road and into the path of a truck travelling along the motorway.

In the Brisbane Magistrates Court this morning, Heke had his head down and did not look at the gallery in an look that lasted less than a minute.

His fiancée, who had flown in from New Zealand overnight, was also in court.

Outside court, defence lawyer Adam Magill stated the pair had been to be married in New Zealand subsequent week.

Mr Magill mentioned his client was in Australia on a functioning visa and his family was devastated.

There was no application for bail, which means Heke will devote Christmas behind bars.

He is due to seem in court once more on January 25.

Queensland Ambulance Service intensive care paramedic Phillip Campbell stated numerous men and women had been treated for shock at the scene of the incident.

“There has been a number of individuals [who were] witnesses,” he said.

“We’ve assessed everyone involved, and the bystanders have truly attempted to step in to assist this person prior to our arrival.”

The incident occurred not far from exactly where two women had been killed in a collision among their auto and a truck on the Pacific Motorway on Monday.

Topics: courts-and-trials, murder-and-manslaughter, eight-mile-plains-4113

Very first posted December 02, 2015 11:43:37

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Majak Daw denies raping student at 2007 celebration, tells court girl was ‘in control’

Updated November 30, 2015 12:45:34

North Melbourne footballer Majak Daw has denied raping a teenage girl when he was a high college student far more than eight years ago.

Daw, 24, is on trial for 3 charges of raping a fellow student at a celebration in March 2007.

He pleaded not guilty on all counts.

Daw, who was 16 at the time, told the jury the 15-year-old girl initiated sexual activity.

“She was very a lot in manage,” he mentioned.

He denied that sexual intercourse took location.

He also denied the girl had been crying and telling him to cease and that he held her down.

“It did not come about,” he mentioned.

The jury was told Majak Daw had heard accusations of rape on the night of the party, which he denied at the time.

Daw told the court the young girl and her pal were fascinated with his Sudanese background and his physical look.

Majak Daw was recruited to the North Melbourne Football Club in 2009.

He was delisted in October and redrafted on Friday.

Subjects: law-crime-and-justice, sexual-offences, crime, courts-and-trials, australian-football-league, melbourne-3000

1st posted November 30, 2015 12:41:59

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