bad boy bubby
Coach
- Messages
- 15,416
3000?
edit:hahaha, missed it by that much
edit:hahaha, missed it by that much
I agree with samshark, where was the cross of the prosecution witnesses?
A good barrister could have torn them up to shreds.
To overcome the lies, Bird and the girl should have given evidence on the stand.
Bird doesnt have to give evidence, but if he had, there is a remote chance that he could have explained the lies away.
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:
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.
<h2>definition
</h2>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.
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].
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
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?
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?
By and large, magistrates are very clever people.They smell a rat from 10 miles
why do you think she didnt make a statement?
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.