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Must be Negligent Manslaughter. A few points: it’s negligence, Not recklessness that needs to be proved. No need to prove an unlawful act just that the accused must owe a duty of care. Normal Manslaughter must involve an unlawful act i.e a crime to have been committed. The common law imposes a...

Almost pulled it off

Correct. The only thing you will find “on” a pipe linking it to the driver is DNA. DNA would link him to the pipe, but not directly so much as to prove beyond reasonable doubt that the driver has smoked an illicit substance out of it.

I’m really sorry to hear about your brother in law. I’ve heard the Coroner’s court is severely backed up at the moment. It must be an anxious and difficult time waiting to find out.

Proving use via items in the house might be a path to go down. Items in bedside drawers, photos on his phone, very recent Doctors reports etc may prove recent use. However it would be argued very strongly that this is prejudicial and irrelevant (especially with bloods negative) and would need...

DNA lasts a long time on objects and contaminates objects very easily. If you put an ice pipe in my house it could end up with my DNA on it. Likewise if you put a pipe in a someone’s truck the pipe could end up with the drivers DNA on it. Defence could hypothetically argue that the drivers DNA...

I see what you mean, but he’s been charged already so there’s already compelling evidence to satisfy the points of proof for culpable driving. The fact that the public doesn’t know what that evidence is doesn’t matter at this stage and all will be revealed later. Positive bloods only provide...

What would that prove? If bloods are clean the rest is irrelevant. Anyway he’s been charged. You don’t charge and hope to gather evidence further down the track.

Yeah of course you could but they’ll still have to serve a brief with all the evidence. Process is: Filing hearing (today) where charges are filed and date of brief service set and adjourned to commital mention. Commital mention you enter your plea after knowing of all allegations and...

The way it works is he doesn’t make his plea until he’s received the prosecution brief of evidence. That’s when the defence have a chance to read it and pick holes in it and make a decision on how to plea. If none of the mechanical analysis is included in the brief the defence raise it as a...

Defence always raise mechanical failure and not driver fault as the cause. Without proving otherwise there’s always a doubt element that this did cause the collision which will get someone off. Cops need to go all the way back to the manufacture stage of the truck and go through with a fine...

Oh yeah he was a c**t of a thing. Michael Panayides is another.

I’m assuming you’re referring to Sebastian Kennett? He got 8 on the bottom even with a prior for doing the same thing.

Interesting comment about the emotion in it. What about this scenario? He gets t-boned by someone running a red light. His car is ruined and the other driver is dying and he films them and berates them for wrecking his car. Would you criticise the dead persons friends and family for being...

Prescribed very often unfortunately. Often without having conducted proper sleep studies. I haven’t heard good things about it.

Slap some handcuffs on him, take him into custody and sit around him with some social workers and listen to him tell you how his mother didn’t breastfeed him long enough?

Does the fact he had what looked like to be a bomb vest on him continue to raise your eyebrows? Of course you’re surprised.

NT criminal code has some complicated legislation when it comes to murder in particular police a bit different to other states

If a bloke belts his mrs on a Saturday afternoon and is chilling out at home on a Saturday should the cops wait until Monday morning? I think your confused between a power of arrest (which the NT cops used) and a raid which is a separate matter altogether and quite often doesn’t involve a power...

Ice and Shhhteroids maaate!!

Why are they a stupid policy? Yes I agree for lower end offending they don’t work but overall why are they stupid?

Early plea showing a little bit of remorse and he will get 8 on the bottom and 14 on the top.

Do you understand how murder charges are authorised? Or any level 1 indictable offences heard at the Supreme Court? The brief goes to the Office of Public Prosecutions and reviewed by a crown prosecutor who is a lawyer not a cop. If the OPP don’t think they’ll get a finding of guilt they...

Which due process did they bypass?

Media protocol not to publish much about suicides to avoid copycats. (B) Sent from my SM-A300Y using Tapatalk

If, Borce's comments he has given so far to police even after being cautioned are admissible in a trial, and he takes the stand, he will be thoroughly ripped a new one by the crown. It would be a gift to the prosecution. His only option is to shut his mouth and leave it to the crown to prove...

Roberts defense during the trial was that even though he pulled the trigger one of the police was already dead when Roberts round went into him. They argued how can it be murder if he shot a dead person...talk about clutching at straws. Oh yeah...and Debs was floating around Moorabbin about to...

Agree. Good post

Still a while I think before the suspect is arrested and charges. Two things missing: 1) cause of death? 2)"intent" Its likely media leeking is to put more pressure on the "suspect" to get a confession when eventually arrested about (1) and (2) during a ridiculously long interview. Police...