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Current Tiahleigh Palmer

Discussion in 'Crime' started by The Old Dark Navy's, Sep 20, 2016.

  1. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    12 year old Tiahleigh Palmer disappeared on 30th October 2015, last seen being dropped off outside Marsden High School by her foster father. Her remains were found in the Pimpama River 5 days later.

    Today her foster father Rick Thorburn, her foster mother and two foster brothers were taken into custody. The foster father has been charged with her murder and the 19 year old foster brother will be charged with one count of incent, one count of perverting the course of justice and 2 counts of perjury.

    http://www.news.com.au/national/que...y/news-story/e9fb1d6b9a7cc316e23685294918b867

    Really sad that people entrusted to take care of this young girl while her mother sorted out her own demons so she could get custody back again, ended up being the ones she needed protection against.
     

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  2. grizzlym

    grizzlym Admin

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    Disgusting in so many ways.

    The guy in question is an ex-truckie and runs a food van around the place with the two sons.
     
  3. The Old Dark Navy's

    The Old Dark Navy's Moderator

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  4. grizzlym

    grizzlym Admin

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  5. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Indeed he will ... he won't last long.
     
  6. Thrawn

    Thrawn Hall of Famer

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    The other son is expected to be charged with attempting to pervert the course of justice and perjury. His wife probably knew about this too and tried to cover it up.
     
  7. bomberclifford

    bomberclifford Importer/Exporter

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    Am I missing something here? Why the incest charge? Were they relatives of the girl?
     
  8. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Queensland law includes any family connection including step and foster under its incest definition.

    Not sure if it carries the same weight as rape which is applicable automatically due to her age or has a lesser burden of proof.
     
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  9. bomberclifford

    bomberclifford Importer/Exporter

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    Thanks.

    Seemed a bit odd to me to try and fit a charge around what he did, when statutory rape would have been enough.
     
    Mr Blicavs likes this.
  10. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Apparently it is a stronger charge as you can't claim consent (and it appears this may have been ongoing and consensual) even though a 12 year old can't give consent, and mitigate your punishment.
     
    van peebles likes this.
  11. rdhopkins2

    rdhopkins2 Carpe Diem

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    Sickening case. It appears the step Dad tried to take his own life not long after being charged. Will have to be held in solitary for his own protection; from himself and others

    The "brother" may have been worried she was pregnant. He won't have a pleasant time in jail too.


    Just despicable.
     
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  12. Dixie Flatline

    Dixie Flatline Spectemur Agendo

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    The ABC reports that the prosecutors allege in court that the foster brother charged with incest feared that Palmer was pregnant.

     
  13. Feerits Elf

    Feerits Elf Norm Smith Medallist

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    Are you saying that under Queensland law, in non-incest cases of unlawful sexual dealings with a child under the age of 13 an offender can argue that the victim consented in fact (not law) as a plea in mitigation?
     
  14. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    No. There is no such clause. I do know that judges can go off on a tangent about the relative maturity of the victim or immaturity of the perpetrator however and even though you can't consent when under age, prosecutors still have to show non consent in rape cases. Just seems this law makes it more cut and dried.

    The relevant excerpts were published on facebook.
     
  15. Feerits Elf

    Feerits Elf Norm Smith Medallist

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    Yes but where the victim is below the statutory age of consent the prosecution is absolved of the requirement to establish lack of consent in fact (as the victim is incapable of consenting in law).

    It might be the case that a lack of consent in fact (in the case of children who are below the age of consent) is a circumstance of aggravation.

    Worth noting that the prohibition against incest has been enshrined in Queensland law since 1891.
     
  16. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Well they are not blood related, she was 12 and they have charged him with incest. What other rationale can you come up with?
     
  17. Feerits Elf

    Feerits Elf Norm Smith Medallist

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    How do you mean, rationale for what?

    They don't need to be blood related for the incest charge - since 1997 it applies to foster relationships.
     
  18. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    The discussion was about why they would use the charge of incest instead of rape.
     
  19. Feerits Elf

    Feerits Elf Norm Smith Medallist

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    Yes but I'm not sure "so that the accused cannot plead consent in fact" is the reasoning, as any plea that a statutory rape victim consented in fact is moot (because they are deemed at law to be incapable of doing so).
     
  20. hirdy_is_champ

    hirdy_is_champ Premiership Player

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    This stereotype is so wrong. Child killers, paedophiles are always kept in protection, they will be fine.
     
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  21. Feerits Elf

    Feerits Elf Norm Smith Medallist

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    Self-harm appears to be an issue in the present case.
     
  22. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    They do have provisions for similarity of age and although he was 18 and she was almost 13 so it doesn't qualify, it might mitigate things in the mind of a judge. It has done before. Incest has no mitigating factors.

    This was posted on one of the Tiahleigh Palmer facebook pages.

    FB_IMG_1474439992054.jpg FB_IMG_1474440016702.jpg

    FB_IMG_1474440016702.jpg
     
  23. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Brett Cowan?
     
  24. RU_

    RU_ .-.-.-.-.-.-.-.

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    Got a lot of mutual friends with one of the sons and may have gone to the same high school as him, but have friends posting shit all over social media about how they grew up with him.

    Feed that family to the wolves, worthless campaigners.
     
  25. The Old Dark Navy's

    The Old Dark Navy's Moderator

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    Found a better explanation of incest vs rape in Queensland.

    Screenshot_20160921-195109.jpg
     
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