Updated cases on the LIAC Crime Library
R v Gittany
In R v Gittany, Simon Gittany has been sentenced to a minimum of 18 years behind bars in the sentencing decision of Justice McCallum. Links to the court decision and media reports have been added.
R v Folbigg
The University of Newcastle Legal Centre will seek a judicial inquiry into Kathleen Folbigg’s convictions in R v Folbigg for killing her four children. Folbigg received a 30-year sentence of imprisonment for the manslaughter of her first child Caleb (19 days) and the murder of Patrick (8 months), Sarah (10 months) and Laura (19 months) at Singleton between 1989 and 1999, but has always maintained her innocence.
The questioning of Folbigg’s convictions gained support after a 2011 thesis by academic lawyer Emma Cunliffe. She concluded Folbigg had been wrongly convicted of killing her children because of the lack of proof beyond reasonable doubt, and despite real expert disagreement at trial about the cause of death for each of the Folbigg children.
The centre is supported by three Newcastle barristers providing pro bono assistance to compile the submission. Fourth-year Newcastle University law students have undertaken detailed research on scientific and medical advances since the 2003 trial, supporting concerns raised about the reliability of the original evidence.
According to Mr Shaun McCarthy, Director, University of Newcastle Legal Centre:
'This is a public interest case the students are working on, a miscarriage of justice case, and an opportunity for students to work on a very high profile case while completing their studies.’
The final submission will include extensive reports from both Australian and international experts.
Source: On the Record, the e-bulletin, Community Legal Centres Issue, 25 December 2013 - January 2014.
New cases on the LIAC Crime Library
R v Kain – manslaughter – use of 'neurolaw' in sentencing
This is an interesting case as the judge referred to neuroscience and discussed its implications in sentencing Terence Kain who was found guilty of the manslaughter of his mother.
R v Nguyen – murder of a police officer
The original sentence for the manslaughter of Bill Crews during a drug raid was quashed as too lenient and a lengthier sentence imposed.