Death Of John Pat
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Death Of John Pat
John Peter Pat (31 October 196628 September 1983) was an Aboriginal Australian boy who, at the age of 16 years and 11 months, died while in the custody of Western Australia Police. Alshereon Sage Journals paywall site On 28 September 1983, four off-duty police officers and an Aboriginal police aide returned to Roebourne from a police union meeting at Karratha, where they had each consumed six or seven glasses of beer at the Karratha Golf Club. Upon their return to Roebourne, they called in at the Victoria Hotel. A local Aboriginal man, Ashley James, claims he was threatened by one of the police officers when he sought to make a purchase at the hotel's bottle shop. A hotel barmaid later testified that police swore at James and threatened to get him when he left the hotel. James later testified that one of the police subsequently accosted him outside on the footpath, and told him to "get fucked". James said that he fought back, and was then attacked by the other officers. A general ...
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Aboriginal Australian
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands. The term Indigenous Australians refers to Aboriginal Australians and Torres Strait Islanders collectively. It is generally used when both groups are included in the topic being addressed. Torres Strait Islanders are ethnically and culturally distinct, despite extensive cultural exchange with some of the Aboriginal groups. The Torres Strait Islands are mostly part of Queensland but have a separate governmental status. Aboriginal Australians comprise many distinct peoples who have developed across Australia for over 50,000 years. These peoples have a broadly shared, though complex, genetic history, but only in the last 200 years have they been defined and started to self-identify as a single group. Australian Aboriginal identity has cha ...
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Supreme Court Of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of A$750,000 or more), and hears the most serious criminal matters. Structure The Supreme Court consists of a General Division (equivalent to the Trial Division in other states) and the Court of Appeal. The General Division deals with serious criminal matters, civil cases where the amount claimed is greater than $750,000, criminal appeals from the Magistrates Court and appeals from other bodies such as the State Administrative Tribunal. The General Division sits in the David Malcolm Justice Centre for civil proceedings and the District Court of WA Building and the original Supreme Court Building for criminal proceedings. The Court of Appeal hears both civil and criminal appeals from cases in the General Division, the District Court and the State ...
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Prisoners Who Died In Western Australian Detention
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. English law "Prisoner" is a legal term for a person who is imprisoned. In section 1 of the Prison Security Act 1992, the word "prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. "Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. History The earliest evidence of the existen ...
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Deaths In Police Custody In Australia
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life ( h ...
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Criminal Trials That Ended In Acquittal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Royal Commission Into Aboriginal Deaths In Custody
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) (1987–1991), also known as the Muirhead Commission, was a Royal Commission appointed by the Australian Government in October 1987 to Federal Court judge James Henry Muirhead, QC, to study and report upon the underlying social, cultural and legal issues behind the deaths in custody of Aboriginal and Torres Strait Islander people, in the light of the high level of such deaths in the 1980s. Background and history The Royal Commission was established following public calls for an inquiry into the apparently high number of Aboriginal people who had died while in custody, whether during an arrest or while under police pursuit, in pre-trial remand or in prison or youth detention centre. A campaign was begun by Indigenous activists after the death of 16-year-old John Peter Pat who died in a police cell in 1983 but gathered steam when several other Indigenous detainees were found dead in their cells, in circumstances ...
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Jack Davis (playwright)
Jack Leonard Davis (11 March 1917 – 17 March 2000) was an Australian 20th-century Aboriginal playwright, poet and Aboriginal Australian activist. Academic Adam Shoemaker, who has covered much of Jack Davis‘ work and Aboriginal literature, has claimed he was one of “Australia’s most influential Aboriginal authors”. He was born in Perth, Western Australia, where he spent most of his life and later died. He identified with the Western Australian Noongar people, and he included some of this language into his plays. His work incorporates themes of Aboriginality and identity. While known for his literary work, Davis did not focus on writing until his fifties. His writing centred around the Aboriginal experience in relation to the settlement of white Australians. His collection of poems ''The First Born'' was his first work to be published and also made him the second Aboriginal to have published poetry by 1970, after Kath Walker, also known by her Aboriginal name Oodgeroo ...
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Fremantle Prison
Fremantle Prison, sometimes referred to as Fremantle Gaol or Fremantle Jail, is a former Australian prison and World Heritage Site in Fremantle, Western Australia. The site includes the prison cellblocks, gatehouse, perimeter walls, cottages, and tunnels. It was initially used for convicts transported from Britain, but was transferred to the colonial government in 1886 for use for locally-sentenced prisoners. Royal Commissions were held in 1898 and 1911, and instigated some reform to the prison system, but significant changes did not begin until the 1960s. The government department in charge of the prison underwent several reorganisations in the 1970s and 1980s, but the culture of Fremantle Prison was resistant to change. Growing prisoner discontent culminated in a 1988 riot with guards taken hostage, and a fire that caused $1.8 million worth of damage. The prison closed in 1991, replaced by the new maximum-security Casuarina Prison. The prison was administered by a comp ...
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Aboriginal Legal Service Of Western Australia
The Aboriginal Legal Service of Western Australia (ALSWA) is an organisation in Western Australia, founded in the early 1970s, that provides legal services to Aboriginal Australians and Torres Strait Islanders. It receives financial grants from the Commonwealth Department of the Australian Attorney General and follows conditions required by that Department. It commenced its Custody Notification Service on 2 October 2019. History The Western Aboriginal Legal Service was founded by Essie Coffey, George Winterton, Robert French and others. Winterton had previously been involved in providing ''pro bono'' (free) legal advice to Aboriginal people. The poverty and legal injustices suffered by Aboriginal people in the area were a contributing factor in the founders becoming involved in legal representation and advocacy for them; in 1969 Aboriginal people constituted 25% of the prison population in Western Australia, while being only 2.5% of the population. Curfews directed against Abori ...
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Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes also aim to identify systemic issues leading to poor service or breaches of people's rights. At the national level, most ombudsmen have a wide mandate to deal with the entire public sector, and sometimes also elements of the private sector (for example, contracted service providers). In some cases, there is a more restricted mandate, for example with particular sectors of society. More recent developments have included the creation of specialized children's ombudsmen. In some countries, an inspector general, citizen advocate or other official may have duties similar to those of a national ombudsman and may also be appointed by a legi ...
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All-white Jury
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States and other countries. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors (regardless of the jury's ultimate composition) is specifically prohibited. Depending on context, the phrases "all-white jury" or "all-black jury" can raise a host of expectationsamong them, as MIT social neuroscientist Rebecca Saxe notes, "the expectation that deliberations may be less than fair." Australia In Australia, the right to a representative jury is severely limited. Australian Aboriginals are overrepresented in the criminal justice system, but seldom appear on juries even in parts of Australia where they represent a sizable portion of the population. Courts ...
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Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen regnant, queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner Bar (law), bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''rec ...
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