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Greg Bird charged with violent attack

If charges are dropped against Bird, should he return immediately?

  • Yes

    Votes: 85 50.9%
  • No

    Votes: 77 46.1%
  • I don't know/maybe/depends, ie. I'm too weak to have an opinion

    Votes: 5 3.0%

  • Total voters
    167
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millersnose

Post Whore
Messages
65,223
I agree with samshark, where was the cross of the prosecution witnesses?

A good barrister could have torn them up to shreds.


lol

"I PUT IT TO YOU NURSE WILLIAMS THAT YOU ARE LYING"

"ADMIT IT!!"

lol

To overcome the lies, Bird and the girl should have given evidence on the stand.

haha

and i am sure she would enjoy a perjury and false accusation case against herself as well


Bird doesnt have to give evidence, but if he had, there is a remote chance that he could have explained the lies away.

lol

"I WAS CONFUSED YOUR HONOR...THATS WHY I TRIED TO BLAME IT ON MY MATE"
" YOU SEE YOUR HONOR WE HAD TO LIE AND SAY IT WAS MY MATE BECAUSE SHE ...UMMM........FELL OVER...YEAH FELL OVER >>THATS IT>>>SHE FELL OVER"

lol
 

Surely

Post Whore
Messages
99,150
http://www.users.bigpond.com/JohnStratton/Evidence.html

Lies
Reliance on lies is fraught with the risk of miscarriage: Sutton (1986) 5 NSWLR 697. The fact that a person tells lies does not necessarily mean that the opposite of what he says is true: Scott Fell v Lloyd (1910) 13 CLR 230.

Most lies alleged to have been told by an accused go only to credit, not as an implied admission or as corroboration: Cervelli (Vic CCA) (1997) 95 A Crim R 329 , Harris (1990) 52 A Crim R 321 at 323 (SA CCA). If the lie only goes to credit, no special directions are necessary, except a direction that the jury should not assume that because the accused lied he is guilty. The High Court suggested that such a direction be in the following terms in Zoneff (2000) 200 CLR 234, 74 ALJR 895:
 

Surely

Post Whore
Messages
99,150
limiting The Use Of Evidence
there Is A Discretion To Limit The Use Of Evidence If There Is A Danger That A Particular Use Of The Evidence Might Be Unfairly Prejudicial To A Party Or Misleading Or Confusing: s. 136 Evidence Act. if The Use Of Evidence Is Limited To The Fact That Something Was Said, The Jury Should Be Specifically Directed That The Evidence Of The Conversation Cannot Be Used As Proof Of The Fact Asserted: livingstone [2004] Nswcca 122.
 

millersnose

Post Whore
Messages
65,223
<h2>definition
Denial Is The Refusal To Acknowledge The Existence Or Severity Of Unpleasant External Realities Or Internal Thoughts And Feelings.

theory Of Denial

In Psychology, Denial Is A Concept Originating With The Psychodynamic Theories Of Sigmund Freud. According To Freud, Three Mental Dynamics, Or Motivating Forces, Influence Human Behavior: The Id, Ego, And Superego. The Id Consists Of Basic Survival Instincts And What Freud Believed To Be The Two Dominant Human Drives: Sex And Aggression. If The Id Were The Only Influence On Behavior, Humans Would Exclusively Seek To Increase Pleasure, Decrease Pain, And Achieve Immediate Gratification Of Desires. The Ego Consists Of Logical And Rational Thinking. It Enables Humans To Analyze The Realistic Risks And Benefits Of A Situation, To Tolerate Some Pain For Future Profit, And To Consider Alternatives To The Impulse-driven Behavior Of The Id. The Superego Consists Of Moralistic Standards And Forms The Basis Of The Conscience. Although The Superego Is Essential To A Sense Of Right And Wrong, It Can Also Include Extreme, Unrealistic Ideas About What One Should And Should Not Do.
These Three Forces All Have Different Goals (id, Pleasure; Ego, Reality; Superego, Morality) And Continually Strive For Dominance, Resulting In Internal Conflict. This Conflict Produces Anxiety. The Ego, Which Functions As A Mediator Between The Two Extremes Of The Id And The Superego, Attempts To Reduce This Anxiety By Using Defense Mechanisms. Defense Mechanisms Are Indirect Ways Of Dealing Or Coping With Anxiety, Such As Explaining Problems Away Or Blaming Others For Problems. Denial Is One Of Many Defense Mechanisms. It Entails Ignoring Or Refusing To Believe An Unpleasant Reality. Defense Mechanisms Protect One's Psychological Wellbeing In Traumatic Situations, Or In Any Situation That Produces Anxiety Or Conflict. However, They Do Not Resolve The Anxiety-producing Situation And, If Overused, Can Lead To Psychological Disorders. Although Freud's Model Of The Id, Ego, And Superego Is Not Emphasized By Most Psychologists Today, Defense Mechanisms Are Still Regarded As Potentially Maladaptive Behavioral Patterns That May Lead To Psychological Disorders.
</h2>
 

Gaba

First Grade
Messages
8,197
Bird has no justification on why he lied, he knew it would incriminate himself , and the text message and his admittance of public mischief which was always going to carry into the lying and assault charge, he was guilty of one and guilty of all
 

Surely

Post Whore
Messages
99,150
the Jury Should Be Told That If A Conclusion Consistent With Innocence Is Reasonably Open It Must Acquit: walters (1992) 62 A Crim R 16 At 20. It Is Not A Question Of Which Is The More Likely Hypothesis: hau (nsw Sc 29/6/93, (1993) Pd [194].

 

Gaba

First Grade
Messages
8,197
Bird legal council was always behind the 8 ball, in trying to prove there was some innocence
 

Dave Q

Coach
Messages
11,065
lol

"I PUT IT TO YOU NURSE WILLIAMS THAT YOU ARE LYING"

"ADMIT IT!!"

lol



haha

and i am sure she would enjoy a perjury and false accusation case against herself as well




lol

"I WAS CONFUSED YOUR HONOR...THATS WHY I TRIED TO BLAME IT ON MY MATE"
" YOU SEE YOUR HONOR WE HAD TO LIE AND SAY IT WAS MY MATE BECAUSE SHE ...UMMM........FELL OVER...YEAH FELL OVER >>THATS IT>>>SHE FELL OVER"

lol

Its not quite as funny as that and as she didnt make a statement and doesnt have to lie on the stand, she doesnt have to incriminate herself.

The first thing to do with the hospital guys would be to establish that thet werent at the scene. Easy.

Then get them to admit that they might not have heard what they said to the cops they heard or bring up other faults with their recollection.

Ask them if Bird or Girl appeared drunk.

Get them to admit that drunk people cant be believed 100%.

And the submission is that Bird and the girl couldnt be believed in anything they said that night.

So the evidence from the hospital staff cant go anywhere to establish anything, lies or not.

That kind of thing anyway.
 
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millersnose

Post Whore
Messages
65,223
tell me dave...because i am genuinely interested in your delusions

why do you think she didnt make a statement?

why do you think they didnt want her in the country for the trial?
 
Messages
14,689
I was of the understanding that if Millington was found out to be lying she would have a hard time being able to get her law degree? or maybe not get it at all?
 

Dave Q

Coach
Messages
11,065
tell me dave...because i am genuinely interested in your delusions

why do you think she didnt make a statement?

why do you think they didnt want her in the country for the trial?

She may have made a statement, I cant remember atm.

If he glassed her he should have pleaded guilty asap and dealt with it.

But if he did do it, he couldnt handle the consequences. Now hes got it a lot worse for upping the ante and hes lost his discount.

They didnt want her in the country because they didnt want her to be called. Better to call her and offer a competing version, if her version was false. Discredit her, attack her credit and credibity. She may not have turned up anyway.

And Bird got convicted, that means that between him, the girl and the legal team following his instructions, they couldnt have got a worse result.

Bird was the one who needed to get off, if the girl fell by the wayside by way of perjury or whatever, so be it. Thats tough.

By and large, magistrates are very clever people. They smell a rat from 10 miles. They deal with cases like this every day. They have read and heard it all.

Bird took a calculated risk not to cross-examine and he got it wrong.

A somewhat fitting way to end this ugly case.

Now they need to be exceptinally creative and enterprising in sentancing.
 

Dave Q

Coach
Messages
11,065
I was of the understanding that if Millington was found out to be lying she would have a hard time being able to get her law degree? or maybe not get it at all?

Yes, if she commited perjury the Law Society may not find her to be a fit and proper person to be admitted to the profession. Lawyers are not allowed to lie or mislead the court or tell you to break the law.

She could probably finish her degree, but she would have to put it to use elsewhere.
 

carcharias

Immortal
Messages
43,120
By and large, magistrates are very clever people.They smell a rat from 10 miles

geeze Old Marcus Enfield must have been gagging from the stench.

look at him struggling to breath.

einfeldcrop-420x0.jpg
 
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Messages
2,966
So what's your stance Surely? I am hoping you're just playing devil's advocate in all this.

Do you actually believe that Bird's actions didn't cause the injuries to Milligan?
 

Surely

Post Whore
Messages
99,150
So what's your stance Surely? I am hoping you're just playing devil's advocate in all this.

Do you actually believe that Bird's actions didn't cause the injuries to Milligan?

No i believe they were fighting, there was a bit of push and shove and she may have quite likely fallen face first into a glass on a coffee table, thats just my assumption though.

I don't say he is blameless, but I feel the odds of him deliberately ramming a glass in her face to be higher than some accidental occurance, he doesn't have a record of violence, so its extremely out of character to glass someone, especially someone you love.

Of course i could could be totally wrong and he did indeed glass her.
 
Messages
2,966
No i believe they were fighting, there was a bit of push and shove and she may have quite likely fallen face first into a glass on a coffee table, thats just my assumption though.

I don't say he is blameless, but I feel the odds of him deliberately ramming a glass in her face to be higher than some accidental occurance, he doesn't have a record of violence, so its extremely out of character to glass someone, especially someone you love.

Of course i could could be totally wrong and he did indeed glass her.

The Police obviously agree with you because they didn't charge him with "deliberately ramming a glass in her face" (malicious wounding with intent - 25 year penalty). They charged him with reckless wounding (see my previous post re: reckless).

And they were vindicated.
 
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