Tag Archives: told

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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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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Officer given significant misconduct notice over Ms Dhu death, inquest told

Posted December 03, 2015 15:10:49

A police officer who was accountable for an Aboriginal lady who died in custody in WA’s Pilbara was given the second highest misconduct notice for her behaviour, an inquest has been told.

Ms Dhu, 22, died in August final year right after visiting the Hedland Health Campus three instances in significantly less than 48 hours.

She had septicaemia and pneumonia triggered by an infection from a broken rib.

Detective Inspector Eric Smith, from the Internal Affairs Unit, stated Senior Constable Shelly Burgess had failed to respond with “adequate urgency” to Ms Dhu’s clear deterioration whilst in the South Hedland police lock-up.

Constable Burgess and yet another officer took Ms Dhu to hospital but she died significantly less than an hour later.

Constable Burgess was provided an Assistant Commissioner’s warning and three of her colleagues received warning notices.

The inquest continues.

Subjects: black-deaths-in-custody, law-crime-and-justice, port-hedland-6721, perth-6000

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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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Machete-wielding man attacked passing motorists in rampage, ACT court told

Updated November 27, 2015 16:43:28

Map: Belconnen 2617

A Canberra man who climbed into a passing vehicle, held a machete to a woman’s throat and reduce her, has pleaded guilty to nine charges in the ACT Magistrates Court.

Imran Hakimi, 32, was arrested earlier this month right after an attack in which two folks had been injured late at evening on Chandler Street in Belconnen.

Police arrived at the scene to uncover Hakimi becoming restrained by members of the public.

The lady told police he ran towards the passenger window of her auto, striking it with the 40-centimetre machete.

Police mentioned he put the blade to the woman’s throat following climbing into the vehicle, but she managed to flee.

The court heard the woman then tried to cease a taxi.

When the car ultimately came to a halt, Hakimi went to the vehicle, opened the door and struck the driver, cutting his face.

Witnesses said Hakimi was yelling: “I have lost my little ones, I will stab you.”

Police had currently been alerted to the disturbance by yet another woman, who had gone to a nearby police station after he had slashed at her car.

Hakimi pleaded guilty to nine charges, like intentionally wounding, to employing an offensive weapon and home harm.

Hakimi will face the ACT Supreme Court in December soon after getting committed for sentencing by Magistrate Margaret Hunter.

Subjects: crime, law-crime-and-justice, police, courts-and-trials, belconnen-2617, act, australia, canberra-2600

Initial posted November 27, 2015 16:18:17

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Man on trial over death of housemate guarded in weeks after offence, court told

Posted November 26, 2015 22:59:08

A psychiatric registrar has told a Canberra court that a man on trial for killing his former housemate had been guarded and uncomfortable in the course of a consultation in the weeks right after the offence.

Christopher Navin, 29, is on trial for killing Nicholas Sofer-Schreiber in his Lyneham house on Boxing Day in 2013.

Navin has pleaded not guilty by way of mental impairment.

Mental health staff who dealt with him in the year before the offence has given proof in court about his therapy and case management.

One particular medical professional told the court when he had seen Navin earlier in the year he was not clearly psychotic, but he admitted the illness did not take a lengthy time to develop.

The court also heard a mental wellness nurse who visited Navin at residence three days ahead of the crime located him to be standard.

The visit had been prompted by concerns from Navin’s former boss, following he had quit his job.

She told the court if a person was unwell, they may possibly yell or swear or say inappropriate issues, but Navin was carrying out none of that and answered concerns appropriately.

In January 2014, right after the crime but prior to he was arrested and charged, Navin had a consultation with the psychiatric registrar, who discovered he had difficulty making eye get in touch with.

“He kept searching to a corner in the area like anything was catching his eye,” the registrar mentioned.

“He was also perplexed.”

But she told the court his speech was not blocked.

“There was anything going on… I wasn’t confident,” she said.

“In the meantime he did not seem to be at danger of something immediately undesirable taking place.”

Earlier in the day, Navin’s lawyer study a statement to the jury outlining his client’s admission to killing Mr Sofer-Schrieber, stabbing him multiple instances with two knives.

When he left the unit he took a tent and chair that had been purchased by Mr Sofer-Schreiber earlier that day.

He then admitted to burning and disposing of the knives in a dam on a family members property in New South Wales, where he went following the killing.

Navin also burned the driver side floor mat from his automobile.

The trial continues.

Topics: murder-and-manslaughter, crime, law-crime-and-justice, canberra-2600, act

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Kamitsis ‘ingratiating herself’ with senior police at expense of NT taxpayers, court told

By Felicity James

Posted November 26, 2015 23:10:48

The former chairwoman of NT Crime Stoppers, Alexandra ‘Xana’ Kamitsis, has been “ingratiating herself” with senior police officers at the expense of Northern Territory taxpayers, a court has been told.

Crown prosecutor David Morters has alleged Kamitsis, through her organization Latitude Travel, submitted fraudulent invoices to a Well being Division scheme, which provides pensioners concessions on travel.

In closing submissions, Mr Morters stated Kamitsis invoiced the Well being Department for amounts higher than actual travel fees, passing the benefits onto loved ones and buddies, including former NT police commissioner John McRoberts.

“What she is carrying out is ingratiating herself with senior police officers, one of which she admits having an intimate relationship with, at the complete expense of Northern Territory taxpayers,” Mr Morters said.

Mr Morters mentioned Kamitsis had admitted in agreed information to obtaining an “intimate partnership” with Mr McRoberts and becoming a “buddy” of NT Assistant Police Commissioner Jamie Chalker.

He told the jury that in some instances, Kamitsis submitted invoices for “bogus” travel expenses soon after she had already booked and paid for a less costly flight for the relevant pensioner.

Mr Morters referred to admissions Kamitsis produced in statements of agreed facts about how she spent money obtained from the Wellness Department’s pensioner concession unit.

Kamitsis has admitted she “dispersed” pensioner travel concession funds as shown in flow charts tendered in court, which depict the cash getting spent on friends and household, service fees and commission payments.

In one example, Mr Morters said the flow charts showed Kamitsis received a pensioner travel concession payment of $ 2,319 for Jeanette Carter, but the actual cost of Ms Carter’s flight was about $ 800.

The charts showed remaining funds had been spent on a $ 1,000 transfer to a “trip file” in the name of Mr McRoberts and a $ 407.91 service charge.

“In effect, she receives double the compensation she was entitled to,” Mr Morters told the jury.

“She transfers a lot more than half more than to her really close friend, Mr McRoberts.”

Court documents shown to the jury, such as emails amongst Kamitsis and Mr McRoberts, suggest the funds were used to pay for a flight for Mr McRoberts in September 2010, so he could attend the AFL grand final.

“They make it quite clear that what this trip is all about is to facilitate Mr McRoberts going to the grand final re-run in Victoria,” Mr Morters stated.

Flow charts shown to the jury also depict pensioner travel concession payments being spent on a $ 746 flight upgrade for Mr Chalker and a $ 758.49 service charge.

“Her state of mind is, I am going to take $ 758.49 as a service charge, at least 5 occasions what she is entitled to,” Mr Morters said.

A statement to the court from Mr Chalker stated he was told Kamitsis organised a flight upgrade for him and Mr McRoberts in 2010 when they were travelling back to Darwin from Canberra.

“I was not conscious that there was any financial cost for the upgrade,” Mr Chalker mentioned in his statutory declaration.

Kamitsis has pleaded not guilty to 20 counts of getting a benefit by deception and has elected not to give oral evidence in the trial.

Justice Dean Mildren has told the jury Kamitsis has “no case to answer” in relation to an alternative 17 counts of stealing, which would have been deemed if the jury discovered Kamitsis not guilty of fraud.

Justice Mildren mentioned the contract amongst the Overall health Division and Latitude Travel did not oblige Kamitsis to deal with the money she received below the pensioner travel concession scheme in a specific way.

Topics: courts-and-trials, darwin-0800, nt

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Kamitsis has ‘no case to answer’ on stealing charges, court told

Posted November 26, 2015 13:25:14

Darwin travel agent Alexandra ‘Xana’ Kamitsis has “no case to answer” in relation to 17 stealing charges, a judge has told a Northern Territory court.

Kamitsis, through her travel agency business Latitude Travel, had been accused of rorting a NT Overall health Division pensioner travel concession scheme, which provides travel discounts to pensioners.

The case is continuing, with Kamitsis still to face 20 fraud charges.

More to come.

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