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Home  |   George Pell convictions quashed on appeal to High Court

George Pell convictions quashed on appeal to High Court

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Today, the High Court has allowed former Cardinal George Pell’s appeal against his convictions.

Pell

THE FACTS

In December 2018, controversial Catholic Church Cardinal George Pell was convicted by a jury of one count of sexual penetration of a child under the age of 16 and four counts of an indecent act with a child under the age of 16 over allegations of abusing choirboys at Melbourne’s St Patrick’s Cathedral in the 1990s. This followed a previous trial that had resulted in a hung jury.

In the first incident, the complainant said he and another choirboy left the liturgical procession at the end of one Sunday mass and went fossicking in the off-limits sacristy where they started swilling altar wine. Pell allegedly arrived unaccompanied, castigated them, and then, while fully robed in his copious liturgical vestments, proceeded to commit three sexual acts, including oral penetration of the complainant. The complainant said the sacristy door was wide open and altar servers were passing along the corridor. The complainant said he and the other boy then returned to choir practice.

In the second incident at least a month later, the complainant said he was processing with the choir back along the sacristy corridor towards the Knox Centre. After he passed the doors to the priests’ sacristy, but before reaching the door to the archbishop’s sacristy, Pell allegedly appeared and in a fleeting attack pushed him against the wall and squeezed his testicles and penis painfully. Continue reading “George Pell convictions quashed on appeal to High Court”

Alleged Bourke Street killer to stand trial

Posted on Categories Criminal lawTags , , , , , , , , 1 Comment on Alleged Bourke Street killer to stand trial

A jury has decided that accused Bourke Street driver James Gargasoulas should stand trial.

Gargasoulas

Relevant law

Section 6 of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 (Vic) provides: 

When is a person unfit to stand trial?

    (1)     A person is unfit to stand trial for an offence if, because the person’s mental processes are disordered or impaired, the person is or, at some time during the trial, will be—

        (a)     unable to understand the nature of the charge; or

        (b)     unable to enter a plea to the charge and to exercise the right to challenge jurors or the jury; or

        (c)     unable to understand the nature of the trial (namely that it is an inquiry as to whether the person committed the offence); or

        (d)     unable to follow the course of the trial; or

        (e)     unable to understand the substantial effect of any evidence that may be given in support of the prosecution; or

        (f)     unable to give instructions to his or her legal practitioner.

    (2)     A person is not unfit to stand trial only because he or she is suffering from memory loss.

Jury’s decision

Two psychiatrists and a psychologist gave evidence at a Victorian Supreme Court hearing to determine Gargasoulas’ current mental state and his fitness to stand trial.

All three experts agreed that Gargasoulas was suffering from paranoid schizophrenia and delusions. Forensic psychiatrists Andrew Carroll and Lester Walton opined that Gargasoulas could not enter a plea, give instructions to his lawyers or understand the substantial effect of the evidence. However, Michael Daffern, a psychologist was of the view that Gargasoulas was fit.

The jury determined that Gargasoulas was fit for trial and should face six counts of murder and 28 counts of attempted murder.

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