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Australian law and government coverage from the @6NewsAU team. Now hiring.
Australia
Joined April 2023
RT @StuartJeffery_6: The legal test for the Bradfield election case:. 1. Did the alleged issue or flaw mean that some voters were 'prevente….
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European Court of Human Rights rules Russia committed mass war crimes in Ukraine and was responsible for downing Malaysia Airlines Flight MH17 | @6NewsAU.
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Rather, the defendant intended to seek refuge at a female friend's property. The court accepted that the 'gender issues surrounding domestic violence' and her relationship with the friend made it a reasonable 'safe harbour from the tumult.'.
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Furthermore, the defendant did not alert the police because the defendant believed that the police had not previously taken her concerns seriously. Even if that belief was mistaken, it was honestly held, and the police had previously taken 6 hours to respond to a complaint.
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The nearest properties were owned by the then-partener's landlord and parents, so were not safe places to seek refuge.
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Noting the defendant's remote location, the court held that any reasonable victim of domestic violence would seek to get as far away as possible as soon as possible, even when intercepted by a police car.
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The Crown then argued that there were other reasonable options that could be taken, such as calling for help or driving to a police station.
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The court held that there was 'imminent danger.' Threatening to kill a partner's animal is a 'well-recognised act of coercive control.'. It fell within a pattern of domestic violence that has since led to a Protection Order against the former partner to protect the defendant.
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The defendant relied on the defence of 'sudden or extraordinary emergency, that an ordinary person possessing ordinary power of self-control, could not reasonably be expected to act otherwise.'.
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The defendant's partner had threatened to kill the defendant's dog, and appeared able to carry through with it. As a result, the Defendant fled in a car with her dog.
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The defendant, who lived in a remote community, had previously had her licence disqualified. The Crown brought criminal proceedings against for the defendant, with a maximum punishment of $10,000 or 18 months behind bars.
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Qld Magistrates Court dismisses a criminal charge of driving with a disqualified licence against a person fleeing threatened domestic violence | @6NewsAU.
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NT coroner 'cannot exclude' possiblity of racial motivation behind fatal shooting of Kumanjayi Walker by 'racist' cop Zachary Rolfe after scissor stabbing | @6NewsAU.
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RT @StuartJeffery_6: In granting leave for a nurse to sue her employer for 'serious injuries' caused by 'long Covid' at work, VCC Judge Man….
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Victorian Premier Jacinta Allen to 'stand with a strong, proud Jewish community' as police taskforce created in response to alleged arson attack at synagogue | @6NewsAU.
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