Solved DJ's file sent to prosecutors, but did they commit a crime?

[CAS79]

http://www.theage.com.au/world/royal-prank-call-djs-could-face-prosecution-20121223-2bt8h.html

"British prosecutors will decide whether to pursue charges against two Australian DJs after a nurse who took a hoax call to a hospital treating Prince William's pregnant wife Catherine apparently killed herself.
Scotland Yard said officers have sent a file to the Crown Prosecution Service over the prank earlier this month by presenters Mel Greig and Michael Christian, from Sydney's 2Day FM radio station.

This will be an interesting one, firstly if a crime was committed did it happen in New South Wales or did it happen in the UK? Do you take the place of act of the offense or the place of the victim?

secondly did a crime against Jacintha Saldanha occur, at what point can a joke on someone turn into a crime that causes their suicide. One phone call that had a brief interaction with the person.

Some kind of fraud charge may be feasible, impersonating a member of the royal family to to obtain information on the family, UK maybe, I cant find any such New South Wales or Commonwealth law, this does not mean it's out there.

It seems however rather trivial and self serving to charge them with an offense against the royal to punish them for a perceived wrong against the nurse.

So first things first, do we have a crime here, in either jurisdiction?

 

[Messenger]

The other issue is whether any internal disciplinary proceedings had begun or even been flagged.

 

[Zach Package]

would not surprise me to see the brits dig up some archaic ruling here to mount a case.

There's no crime against saldanha here. she committed suicide, unassisted, end of story.

 

[Caesar]

This will be an interesting one, firstly if a crime was committed did it happen in New South Wales or did it happen in the UK? Do you take the place of act of the offense or the place of the victim?

English-based common law systems generally follow the terminatory theory of crime - i.e. the crime is committed in the place where it ultimately takes effect. There is the famous example of Ward that is (or used to be) given to first year Australian law students - back in the 80s a man standing in Victoria shot a man on the other side of the Murray. He was tried and convicted in Victoria, only to have the verdict later set aside by the High Court on the grounds that the crime occurred in NSW and the Victorian Supreme Court had no jurisdiction.

I am not 100% sure what current English law says, but I imagine that any crime would be prosecutable there since that is where the acts took effect.

 

[Caesar]

would not surprise me to see the brits dig up some archaic ruling here to mount a case.

There's no crime against saldanha here. she committed suicide, unassisted, end of story.

It's a federal crime in Australia to use a carriage service to menace, harass or cause offence:

http://www.criminallaw.com.au/use-carriage-service-to-menace-harass-or-cause-offence

I imagine that the UK would have a similar law (most countries do). In all likelihood Scotland Yard are just dotting their Is and crossing their Ts by referring it to the CPS to make the decision. It's a high profile case and they don't want to be seen to be sweeping it under the rug.

 

[Lockyer24]

What a farce.

 

[childeric]

They'll do anything but look at the role of the royals and the hospital administration in harassing the nurse

Of course both those groups deny doing anything

Scotland Yard is being forced into action to appease tabloid papers

 

[debunker]

English-based common law systems generally follow the terminatory theory of crime - i.e. the crime is committed in the place where it ultimately takes effect. There is the famous example of Ward that is (or used to be) given to first year Australian law students - back in the 80s a man standing in Victoria shot a man on the other side of the Murray. He was tried and convicted in Victoria, only to have the verdict later set aside by the High Court on the grounds that the crime occurred in NSW and the Victorian Supreme Court had no jurisdiction.

I am not 100% sure what current English law says, but I imagine that any crime would be prosecutable there since that is where the acts took effect.

AFAIK the only crimes that have extraterritoriality in the UK are Murder and possibly manslaughter. The Australia case is an internal matter (similar to the Scottish English border rather than the Murray River).

 

[debunker]

They'll do anything but look at the role of the royals and the hospital administration in harassing the nurse

Of course both those groups deny doing anything

Scotland Yard is being forced into action to appease tabloid papers

Her three suicide notes do not seem to indicate that she was offended by her treatment by her employers or the royals. She had made to previous suicide attempts in the previous year according to the latest reports.

 

[Silent Alarm]

All I will say is that the nurse seemed a very, very odd person. Such a glum expression in every photo, even on holiday with her family, and such distant and dulled eyes. The calls of her being really serious about her job just adds to the notion that anything really could've tipped over here.

The whole thing is a farce though. Radio is awful and these morning cack-crews have never been anything other than unfunny and false.

 

[childeric]

Her three suicide notes do not seem to indicate that she was offended by her treatment by her employers or the royals. She had made to previous suicide attempts in the previous year according to the latest reports.

Did she write three notes for each of the other two attempts?

 

[Lockyer24]

People in real world 1 - Bleeding hearts 0.

 

[childeric]

People in real world 1 - Bleeding hearts 0.

I prefer to call them "the outrage industry"