Scandal Tom Silvagni convicted of rape

[Kappa]

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

As I said, you're wrong.

Lawful Interests: This exception is interpreted strictly by the courts and does not cover simply wanting an aide memoire or an advantage in a civil case. It is more likely to apply if you have a genuine fear for your safety or are gathering evidence of serious criminal activity, such as:

 

[CrumpetAgony]

no he wont. he defending the person, not the action. As expected from a father

What?

 

[danster168]

What?

what do you mean what?

 

[zeggie]

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

It literally doesn't matter. She testified. TS did not deny the conversation.

 

[WillHayward]

SOS showed no remorse or respect to the victim, neither has Tom. Yes I understand a father standing up for his son, but for now, Tom has been found guilty of rape. If it was my son, I'd be disgusted in him.

It's very difficult to get a rape trial to court let alone a guilty verdict. Generally, because there's not enough evidence. Hence why many women don't even report the crime.

Let's all take a minute to show some compassion for the victim.

I agree. Probably just a "no comment" was appropriate for today in the circumstances.

Others will probably think this is trivial or I'm being overly sensitive or reading to much into it but to me this a pattern of behaviour.

It looks like they moved absolutely heaven and earth to get the suppression order (a KC went to the Supreme Crt over this) and then today the words he used were "clear his name".

This all strikes me as a bit offish. Seems like the main focus is on the "name" and "reputation" rather than dealing with actual human beings.

 

[Saucery]

If the evidence is undeniable, then no, if it was my son doing such a heinous thing, I'd be on for him copping the proper punishment.

The Silvagni's:

 

[zeggie]

If the evidence is undeniable, then no, if it was my son doing such a heinous thing, I'd be on for him copping the proper punishment.

Exactly this. "Being a father" or "supporting your son" is not the equivalent of defending them to the end, in spite of the victim and the evidence. Supporting TS to learn from their mistakes. Supporting TS to take responsibility. Supporting TS through the difficult many years he is going to be incarcerated, and his life subsequent to parole.

Not ignoring the victim, and making stupid public statements as today essentially indicating they will fight it to the bitter end in denial.

 

[WillHayward]

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

Victoria Recording Laws: Legal Compliance for Businesses | Sprintlaw

Ensure your business complies with Victoria recording laws. Stay legal, avoid penalties and protect your reputation - find out how to meet all requirements now.

sprintlaw.com.au

Do you think somehow the phone conversation managed to get through the entire DPP and a judge and nobody questioned it but somehow you think it was "illegal"?

Firstly it's not illegal.
Second I don't know if they played the actual phone message?
Her retelling of the phone call is evidence.
He never disputed it anyway.

Not sure what rabbit hole you are going down here.

 

[WillHayward]

If they were campaigners then sure

That's probably what got the little campaigner to being such a campaigner in the first place

This kind of "mafia" mentality where you back your family no matter what.

The "honour" system.

 

[WillHayward]

Exactly this. "Being a father" or "supporting your son" is not the equivalent of defending them to the end, in spite of the victim and the evidence. Supporting TS to learn from their mistakes. Supporting TS to take responsibility. Supporting TS through the difficult many years he is going to be incarcerated, and his life subsequent to parole.

Not ignoring the victim, and making stupid public statements as today essentially indicating they will fight it to the bitter end in denial.

Hear hear!

Support can be providing emotional support and learnings etc.

Not supporting more lies and banging on about clearing the "family name".

 

[jpmelb7]

You’re the expert, you tell me. Thanks for that one example.

I'm not the expert. The High Court Justices supposedly are. People are denigrating SOS for stating his son's innocence & not accepting the verdict. Well there are appeals processes still to play out as juries do get verdicts wrong as I was highlighting by another high profile case. Perhaps he should've made no statement until then. People would then complain about his silence. A no win situation either way you look at it.

 

[Seattle Mariners]

Any idea what Tom’s looking at?

2, 5, 10, 15 years?

 

[thumbs_up]

Hear hear!

Support can be providing emotional support and learnings etc.

I honestly don't think he has another option, psychologically, than to live in denial.

Hear me out on this... The actions of his son are that of a psychopath. It's either my son is falsely accused or my son is a monster. There's no emotional support and learnings here.

He's accepted his son's account, despite the evidence, because he feels he has no other choice, IMO.

 

[_Mike_]

They were my exact thoughts that I posted three days ago until a mod deleted it!

BigFooty is not immune from legal action for a breach of a court order in Australia.
After the lifting of the suppression order it is no longer an issue.

 

[Saucery]

Any idea what Tom’s looking at?

2, 5, 10, 15 years?

Try Sportsbet.

 

[Rod Stroker]

It's not illegal if it's to protect your own legal interests . Which seems to be their case here.

And what do you mean by the silvagnis could "sue"??.
"Sue" who and for what?

In many countries (maybe not Oz) it is illegal to record phone conversations without consent from the other party. So if that recording is provided as evidence in court, the defendant can sue the other party for breaking the law to obtain evidence illegally.

 

[coryne]

I was fairly done with SOS and the Silvagni family before. Now I am glad that they are away from the club and, hopefully, won't be back.

 

[Bogart]

I agree. Probably just a "no comment" was appropriate for today in the circumstances.

Others will probably think this is trivial or I'm being overly sensitive or reading to much into it but to me this a pattern of behaviour.

It looks like they moved absolutely heaven and earth to get the suppression order (a KC went to the Supreme Crt over this) and then today the words he used were "clear his name".

This all strikes me as a bit offish. Seems like the main focus is on the "name" and "reputation" rather than dealing with actual human beings.

No I don’t think you’re reading too much into it! You raise a very valid point and probably the reason he is in this predicament. The family pride themselves on being important and wealthy. The culture of the Melbourne elite. Plus the name of Carlton Football Club is at stake.
Defend at any cost their “name” “reputation” and the dynasty of Silvagni at the club.

 

[Bogart]

I would like to know more about this. However I doubt we will ever hear the full story.

 

[WillHayward]

In many countries (maybe not Oz) it is illegal to record phone conversations without consent from the other party. So if that recording is provided as evidence in court, the defendant can sue the other party for breaking the law to obtain evidence illegally.

Thats not how it works.
If evidence is unlawfully obtained then the defence (and the judge) make sure it's not admitted and certainly not presented in open crt.
There are plenty of stages that have to happen before evidence finds it way to a jury.
So nobody is "suing" anyone here.
The defence would have had plenty of opportunities to vet and filter evidence along the way.

 

[Kappa]

Exactly this. "Being a father" or "supporting your son" is not the equivalent of defending them to the end, in spite of the victim and the evidence. Supporting TS to learn from their mistakes. Supporting TS to take responsibility. Supporting TS through the difficult many years he is going to be incarcerated, and his life subsequent to parole.

Not ignoring the victim, and making stupid public statements as today essentially indicating they will fight it to the bitter end in denial.

What if they genuinely believe their son is innocent?

 

[Kappa]

Thats not how it works.
If evidence is unlawfully obtained then the defence (and the judge) make sure it's not admitted and certainly not presented in open crt.
There are plenty of stages that have to happen before evidence finds it way to a jury.
So nobody is "suing" anyone here.
The defence would have plenty of opportunities to vet and filter evidence along the way.

Yes... and its legal to record conversations if they're related to a serious crime

 

[WOFTAMWarrior]

In many countries (maybe not Oz) it is illegal to record phone conversations without consent from the other party. So if that recording is provided as evidence in court, the defendant can sue the other party for breaking the law to obtain evidence illegally.

Who gives a crap about other countries legislation? The only legislation that matters is that in Australia and in this case specifically the legislation in Victoria.

No other jurisdiction matters and it obviously wasn’t deemed illegal by far more learned minds than yourself.

 

[10571z]

Where does this leave Silvangi in regards to a job inside the AFL?

He called a girl who just won a rape case a liar and has taken the side of a convicted rapist.

Yes it’s his son, but he still said those words.

 

[WillHayward]

I'm not the expert. The High Court Justices supposedly are. People are denigrating SOS for stating his son's innocence & not accepting the verdict. Well there are appeals processes still to play out as juries do get verdicts wrong as I was highlighting by another high profile case. Perhaps he should've made no statement until then. People would then complain about his silence. A no win situation either way you look at it.

I mean you are right. Juries aren't always right.
Probably just could have chosen his words better or just a "no comment" at this stage when emotions are so high.
He says "the kid is innocent".
Everyone else hears him calling the victim a liar.
It's a very sensitive situation and he was probably Ill advised to speak defiantly.
Very icky.