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Pell V The Queen
''Pell v The Queen'' was a High Court of Australia decision that overturned the conviction of Cardinal George Pell for sexual offences against a child. On 22 June 2017, Victoria Police announced Pell was arrested for historical sexual assault charges on two choirboys at St. Patricks Cathedral in Melbourne. The allegations stemmed from Pell's time spent as Archbishop of Melbourne, and pertained to two anonymous victims referred to throughout the court process as victim 'A' and victim 'B'. B died before the allegations went to trial. Pell was tried twice in the County Court of Victoria. During the County Court trials, Pell pleaded not guilty to all charges. The prosecution alleged he assaulted the victims in the church Sacristy and through his choir robes. As the primary evidence in the case was the testimony of A, a key issue in the case was his reliability and credibility. The defence team argued the offence was highly improbable, given the churches layout and number o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sacristy
A sacristy, also known as a vestry or preparation room, is a room in Christian churches for the keeping of vestments (such as the alb and chasuble) and other church furnishings, sacred vessels, and parish records. The sacristy is usually located inside the church, but in some cases it is an annex or separate building (as in some monasteries). In most older churches, a sacristy is near a side altar, or more usually behind or on a side of the main altar. In newer churches the sacristy is often in another location, such as near the entrances to the church. Some churches have more than one sacristy, each of which will have a specific function. Often additional sacristies are used for maintaining the church and its items, such as candles and other materials. Description The sacristy is also where the priest and attendants vest and prepare before the service. They will return there at the end of the service to remove their vestments and put away any of the vessels used during the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope Francis
Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013. Francis is the first pope to be a member of the Society of Jesus, the first from the Americas, the first from the Southern Hemisphere, and the first pope from outside Europe since Gregory III, a Syrian who reigned in the 8th century. Born in Buenos Aires, Argentina, Bergoglio worked for a time as a bouncer and a janitor as a young man before training to be a chemist and working as a technician in a food science laboratory. After recovering from a severe illness, he was inspired to join the Society of Jesus (Jesuits) in 1958. He was ordained a Catholic priest in 1969, and from 1973 to 1979 was the Jesuit provincial superior in Argentina. He became the archbishop of Buenos Aires in 1998 and was created a cardinal in 2001 by Pope John Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unanimity
Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or implicitly by a lack of objections. It does not necessarily mean uniformity and can sometimes be the opposite of majority in terms of outcomes. Voting Practice varies as to whether a vote can be considered unanimous if some voter abstains. In ''Robert's Rules of Order'', a "unanimous vote" is not specifically defined, although an abstention is not counted as a vote regardless of the voting threshold. Also in this book, action could be taken by "unanimous consent", or "general consent", if there are no objections raised. However, unanimous consent may not necessarily be the same as a unanimous vote (see Not the same as unanimous vote). In either case, it does not take into account the members who were not present. In contrast, a United Natio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Legal System
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories (subject to augmentation by statutes).. The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The States are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chris Maxwell (jurist)
Christopher Murray Maxwell is an Australian jurist. He succeeded Justice John Winneke as President of the Victorian Court of Appeal on 16 July 2005. Career Maxwell was educated at Melbourne Grammar School and the University of Melbourne where he was resident at Trinity College. He played rugby and Australian rules football at Trinity, where he was the senior student in 1973. After graduating with honours in 1974, he was selected as Victorian Rhodes Scholar for 1975, completing a Bachelor of Philosophy at Oxford University. In 1978, he became a barrister at Lincoln's Inn in London practising briefly at the English Bar. In 1979, he returned to Melbourne working as a solicitor at law firm Phillips Fox. In 1981, he became principal private secretary to ALP Senator Gareth Evans who was appointed as federal Attorney-General in 1983. In 1983, he left to become a barrister in Victoria and was variously reader for Kenneth Hayne QC and reader for Ross Robson QC. He signed the Victorian B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anne Ferguson (judge)
Anne Ferguson is an Australian judge, who is currently the Chief Justice of the Supreme Court of Victoria. Early life Ferguson was educated at the Brigidine Sisters’ Killester College in Springvale where she was academic dux. She studied Arts and Law at Monash University, winning the Supreme Court Prize as the top student in her graduating class. Ferguson was also appointed Editor of the ''Monash University Law Review''. In 1989, she graduated with a Doctor of Philosophy in Law from the University of Southampton. Her thesis was on unfair contracts. Legal career Prior to her judicial appointments she worked as a litigator at J.M. Smith & Emmerton and Allens Arthur Robinson. She also previously served as Honorary Secretary to the Council of Legal Education, one of only 5 people to ever hold the position in the organization's 100-year history. Judicial office Ferguson was first appointed a judge of the Trial Division of the Supreme Court of Victoria in 2010. In 2014, s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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