Ben Te'o cleared by police

[herbert henry1908]

Character can not be brought in unless the defence brings it in, then anything goes.

If the defence doesn't state that their client is of good character then the prosecution can not make claims regarding their character.

I just learnt this a month or 2 ago when learning about evidence at the police academy

It would be the opposite here though.

If this goes to trial the woman isn't being prosecuted. T'eo would be.

 

[themacemaceman]

Prosecution can not reference previous offences, unless it is relevant to the charge. Drink driving is not relevant to bring up in an assault charge.

Yes the judge is given a list of priors with the brief of evidence. But as I said above, it can't be used as evidence.

But surely that must diminish her character and reputation in the eyes of the judge who after all is making a decision on which one of the two is telling the truth?

 

[El Diablo]

i presume the police will interview Norman and Boyd seeing they are witnesses

 

[BDR]

The lawyers might not be able to bring it up but does that mean that that can't ask if she had ever been in trouble with the Police.
Also would the judge not have any info on him as to any priors on her or would it be only the accused that he would have a file on.
I'm only asking these questions as I attended court for a shoplifter I caught recently and the judge had 17 pages on the dude. Maybe this was only because he was the accused whereas the young lady in question is not?

In this case the woman would be the complainant, if she is talking to the police she would make a complaint, then the police would investigate and decide whether or not to lay charges. She might be a witness but if charges are laid the case will be against the state, not the woman.

Prior offences would only be in the hands of a judge for purposes of sentencing, and in this case she's not the defendant. Her DUI has literally nothing to do with it in the court room. End of.

 

[Didgi]

In other words, they told you in class justice is blind & you believed them. I've been involved in four cases in my life (no, I was never the accused), including one in which I served on a jury, & two of my close friends are lawyers (in my defence, I knew them before they were lawyers). You would be laughed out of the room by all three of us if you claimed character isn't a factor in court.

Have a look at the Evidence Acts of the various states. They're laced with conditions under which the credibility or character of both the accused and any witnesses can be questioned. It's not as easy as your lawyer buddies make out. Derp.

The lawyers might not be able to bring it up but does that mean that that can't ask if she had ever been in trouble with the Police.
Also would the judge not have any info on him as to any priors on her or would it be only the accused that he would have a file on.
I'm only asking these questions as I attended court for a shoplifter I caught recently and the judge had 17 pages on the dude. Maybe this was only because he was the accused whereas the young lady in question is not?

Obviously if you're accused and you have an extensive criminal history then that comes into play in all sorts of things, though generally more leaning towards sentencing.

 

[Didgi]

But surely that must diminish her character and reputation in the eyes of the judge who after all is making a decision on which one of the two is telling the truth?

Judge hands down the sentence... it's the Jury that decides guilt in criminal matters.

 

[herbert henry1908]

Judge hands down the sentence... it's the Jury that decides guilt in criminal matters.

As was pointed out to me in an earlier post , such an assault would not be a jury trial.

It would be a magistrate only trial.

 

[themacemaceman]

As was pointed out to me in an earlier post , such an assault would not be a jury trial.

It would be a magistrate only trial.

Exactly as I thought. Ive sat in on a few cases lately at the local court and theres no jury. Just a judge. It ain't a murder trial.

 

[9701]

The lawyers might not be able to bring it up but does that mean that that can't ask if she had ever been in trouble with the Police.
Also would the judge not have any info on him as to any priors on her or would it be only the accused that he would have a file on.
I'm only asking these questions as I attended court for a shoplifter I caught recently and the judge had 17 pages on the dude. Maybe this was only because he was the accused whereas the young lady in question is not?

Your "friends" are "lawyers" and you are a checkout operator at Woolies catching shoplifters, do you ever feel like an underachiever?

 

[kmav23]

Exactly as I thought. Ive sat in on a few cases lately at the local court and theres no jury. Just a judge. It ain't a murder trial.

i served on a jury last year in district court for a man on assault charges.

the accused just closed the garage door under instructions from his boss who assaulted a fellow employee.

he was still charged and we found him guilty. even thou he did not assault anyone.

there was reasonable assumption and evidence he knew an assault was about to occur. and closing the garage door assisted in the assault.

 

[El Diablo]

was he a tradie or a Cronulla fan?

 

[9701]

i served on a jury last year in district court for a man on assault charges.

the accused just closed the garage door under instructions from his boss who assaulted a fellow employee.

he was still charged and we found him guilty. even thou he did not assault anyone.

there was reasonable assumption and evidence he knew an assault was about to occur. and closing the garage door assisted in the assault.

Isn't the idea of being a juror that you don't discuss cases? Ban this merkin he broke the law :crazy::crazy::crazy::crazy:

 

[kmav23]

was he a tradie or a Cronulla fan?

neither... as he had all his teeth and was not overweight

 

[dangerousdave]

As was pointed out to me in an earlier post , such an assault would not be a jury trial.

It would be a magistrate only trial.

Actually the defendant gets to choose. He could bank on there being a single souths fan on a jury

 

[BranVan3000]

Actually the defendant gets to choose. He could bank on there being a single souths fan on a jury

But he might get a Tigers fan:shock:

 

[magpie4ever]

I think if charges are laid, it would be common assault heard in a local court before a magistrate.

 

[El Diablo]

I think

that's when things tend to go wrong for you

 

[magpie4ever]

that's when things tend to go wrong for you

Nice one, credit for that one.

 

[kmav23]

3 young first grade footballers and 1 young lady walk into a bar

 

[Amadaca]

Since I can't get a f**king word out without it being deleted, I'll let this young, "lady," do the talking for my POV over the next few weeks.