The Jill Meagher case: please read notice in OP

[Waynesworld]

Because someone is entitled to be judged on whether he or she committed the specific crime based on the evidence available, not on a hunch based on their past conduct. There are some situations in which evidence of past behaviour will be allowed before a court - eg where the defendant has committed similar crimes with a similar m.o.

The reason for not allowing discussion of those kinds of things before a trial is that it is up to the Court to determine whether they meet the threshold for being admitted, not to the media or public.

If someone is found guilty, then their past conduct will be relevant to working out a suitable sentence.

With the amount of access to electronic media these days (take a footy forum for example) finding a jury now without this knowledge will be very difficult.

 

[Daytripper]

No committal if he pleads guilty.

Hmmm - are you 100% sure on that?

The committal hearing just determines whether there is enough evidence for the matter to proceed to a higher court.

 

[J_Moore]

As discussed earlier, the reality is that 95 per cent of women of this age wbho are killed, are killed by their partner or ex partner.

Yeah, and that's shit.

 

[Flawed Genius]

With the amount of access to electronic media these days (take a footy forum for example) finding a jury now without this knowledge will be very difficult.

Nah. Just get a bunch of old fuddy duddys who haven't even heard of an iPad.

 

[Flawed Genius]

http://www.theage.com.au/victoria/court-delay-for-meagher-accused-20120928-26p69.html

The court appearance of the man accused of raping and murdering ABC employee Jill Meagher has been delayed to give her family time to talk to police and the prosecutor.
Adrian Ernest Bayley, 41, of Coburg, is due to appear in the Melbourne Magistrates Court after being charged in an out-of-sessions court hearing early this morning with the rape and murder of Ms Meagher in Brunswick on Saturday morning.
Ms Meagher's husband, Thomas, and her brother, Michael, had been waiting in court room 1 since 9.15am for Bayley to appear.

 

[MaddAdam]

Yeah, and that's shit.

Overall, 38 per cent of women who are killed are murdered by an intimate partner.

http://www.aic.gov.au/documents/0/B/6/{0B619F44-B18B-47B4-9B59-F87BA643CBAA}facts11.pdf

However I'm sure that on the recent 4 Corners special they quoted a figure showing that of women 21 - 40 (that range anyway), the figure was indeed up in the 90s.

 

[MaddAdam]

Hmmm - are you 100% sure on that?

The committal hearing just determines whether there is enough evidence for the matter to proceed to a higher court.

My knowledge of the law on this is a bit sketchy I'll admit. I suppose if he pleads guilty then the commital becomes just a formality.

I agree on your original point though that sentencing won't take place for 12 months or so irrespective of plea.

 

[Jamurp]

Surprised at all the "bring back the death penalty" comments on twitter etc. I spose people are just angry, and of course are entitled to their opinion, but I'd hate to see people sink to that eye for an eye level.

 

[chrisbarracker]

Shame Australia Shame

 

[Leon]

Jesus

Suspected the worst as early as Tuesday but this is just....

I feel like I've had my heart torn out.

Horrible.

 

[XFactor1979]

Sad, the worst thing is

Whatever punishment for the killer

Is not going to bring her back

 

[Flawed Genius]

It seems that people have taken to the phone books & are harrassing an innocent:

 

[MaddAdam]

It is a sign of how heated things are getting that the cops just Tweeted this:

"A.Bayley of Coburg, as per phonebook, it not related or connected in anyway to Adrian Bayley charged over Jill Meagher investigation.

 

[SJ]

Poor fella.

 

[Clay Davis]

It seems that people have taken to the phone books & are harrassing an innocent:

People are such idiots. The guy is in custody. Even if it was the right number, who do they think they are calling?

 

[Waynesworld]

It is a sign of how heated things are getting that the cops just Tweeted this:

"A.Bayley of Coburg, as per phonebook, it not related or connected in anyway to Adrian Bayley charged over Jill Meagher investigation.

The public aren't very smart either.....Like the bloke who was just arrested for rape and murder is likely to be sitting at home on the couch answering the phone....

 

[Bunk Moreland]

I’m against the death penalty, and save for an hour or two last night when the details were released and the anger that followed, I’ve reverted to that. Lock him up for life.

It’s a very tough one. Were this to happen to a friend or family member of mine, all I can say is I’d be first in line to pull the trigger (I guess I mean that as genuinely as someone who’s never killed can). But I don’t know... I can totally understand those close to her feeling that, but I also feel the state and the law has to be bigger than the individual and their instinct for revenge. Nobody has the right to take a life (except self defence etc) I feel. I still think that.

I also find those who seem to almost bay for the torture of the perpetrator in times like this unsettling (apart from those close to the victim obviously, they’re in an unimaginable headspace). Feel we must somehow rise above it and separate ourselves from those who commit these atrocities.

Awful, senseless way for a young life to end. I hope her suffering was somehow at the lighter end of what may have been possible (in a totally relative sense). I can make no sense of something like this and even though you never knew her, it just blacks out your view of the world, at least for a short while. RIP.

 

[Big Jono]

People are such idiots. The guy is in custody. Even if it was the right number, who do they think they are calling?

Yep, best case scenario for the callers they are getting his family on the phone who are also his victims in this sorry case. Other than that they are just getting someone completely unrelated which seems to be the case.

 

[Flawed Genius]

I get a little jolt every time I see "Bunk Moreland has replied to thread Jill Meagher case".

Great post, though.

 

[MaddAdam]

Beat me to it

 

[Donners]

My knowledge of the law on this is a bit sketchy I'll admit. I suppose if he pleads guilty then the commital becomes just a formality.

I agree on your original point though that sentencing won't take place for 12 months or so irrespective of plea.

It would likely be a straight hand-up brief at a committal mention if he pleads guilty, so no committal.

Heck of a media pack outside the Magistrates' Court this morning.

 

[grimface_87]

<notsurehere>Priors, character, etc only matter for sentencing.</notsurehere>

That's right. During the recent jury trial I was on (double stabbing homicide), we were not made aware the accused had stabbed a guy in the back and face (similar areas to the case were were on) about 5 years before. There would be no way we could have made a decision based on the evidence of the case if we had been given that information during the trial.

 

[XFactor1979]

Heck of a media pack outside the Magistrates' Court this morning.

Media?->

=


http://en.wikipedia.org/wiki/Trial_by_media

 

[Flawed Genius]

..he huffed, via social media

 

[MaddAdam]

It would likely be a straight hand-up brief at a committal mention if he pleads guilty, so no committal.

Heck of a media pack outside the Magistrates' Court this morning.

Yeah, that's what I thought.