Tuckiar V The King
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Tuckiar V The King
''Tuckiar v The King'' is a landmark Australian judgment of the High Court which was decided on 8 November 1934, after a two-day hearing on 29–30 October 1934. The matter examined the behaviour of the judge and lawyers in the trial of Yolngu man Dhakiyarr (Tuckiar) Wirrpanda in the Northern Territory Supreme Court a year earlier for one of the Caledon Bay murders, and overturned the judgement which had found the appellant guilty and sentenced him to death. At the time the original case had stirred much controversy and caused a debate about the appropriateness of the Australian justice system for Indigenous Australians. It has become a case study in, and raises many issues for, legal ethics regarding instructions by Judges and the behaviour of defence counsel, as well as the treatment of Indigenous people before the Australian justice system. Background Dhakiyarr Wirrpanda, a Yolngu Aboriginal man living a traditional life, was sentenced to death in the Northern Territor ...
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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 ...
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Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples of the Australian mainland and Tasmania, and the Torres Strait Islander peoples from the seas between Queensland and Papua New Guinea. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups.
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Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the pre ...
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Arnhem Land
Arnhem Land is a historical region of the Northern Territory of Australia, with the term still in use. It is located in the north-eastern corner of the territory and is around from the territory capital, Darwin. In 1623, Dutch East India Company captain Willem Joosten van Colster (or Coolsteerdt) sailed into the Gulf of Carpentaria and Cape Arnhem is named after his ship, the ''Arnhem'', which itself was named after the city of Arnhem in the Netherlands. The area covers about and has an estimated population of 16,000, of whom 12,000 are Aboriginal and Torres Strait Islander people. Two regions are often distinguished as East Arnhem (Land) and West Arnhem (Land), and North-east Arnhem Land is known to the local Yolŋu people as Miwatj. The region's service hub is Nhulunbuy, east of Darwin, set up in the early 1970s as a mining town for bauxite. Other major population centres are Yirrkala (just outside Nhulunbuy), Gunbalanya (formerly Oenpelli), Ramingining, and Maningrida. ...
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Woodah Island
Woodah Island, also known as Isle Woodah, is an island in Arnhem Land, in the Northern Territory of Australia, lying in the mouth of Blue Mud Bay at . It is located 13.4 km east of Haddon Head on the coast of mainland Arnhem Land. It is 24 km long north-south, and up to 3.5 km wide. It is known as the site of some of the killings in the Caledon Bay crisis, which marked a turning point in the relationship between Indigenous Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse ... and non-Indigenous Australians. References Islands of the Northern Territory {{NorthernTerritory-geo-stub ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Death Sentence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ...
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Radio National
Radio National, known on-air as RN, is an Australia-wide public service broadcasting radio network run by the Australian Broadcasting Corporation (ABC). From 1947 until 1985, the network was known as ABC Radio 2. History 1937: Predecessors and beginnings From 1928, the National Broadcasting Service, as part of the federal Postmaster-General's Department, gradually took over responsibility for all the existing stations that were sponsored by public licence fees ("A" Class licences). The outsourced Australian Broadcasting Company supplied programs from 1929. In 1932 a commission was established, merging the original ABC company and the National Broadcasting Service. It is from this time that Radio National dates as a distinct network within the ABC, in which a system of program relays was developed during the subsequent decades to link stations spread across the nation. The beginnings of Radio National lie with Sydney radio station 2FC, which aired its first test broadcast on 5 ...
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Australian Broadcasting Corporation
The Australian Broadcasting Corporation (ABC) is the national broadcaster of Australia. It is principally funded by direct grants from the Australian Government and is administered by a government-appointed board. The ABC is a publicly-owned body that is politically independent and fully accountable, with its charter enshrined in legislation, the ''Australian Broadcasting Corporation Act 1983''. ABC Commercial, a profit-making division of the corporation, also helps to generate funding for content provision. The ABC was established as the Australian Broadcasting Commission on 1 July 1932 by an act of federal parliament. It effectively replaced the Australian Broadcasting Company, a private company established in 1924 to provide programming for A-class radio stations. The ABC was given statutory powers that reinforced its independence from the government and enhanced its news-gathering role. Modelled after the British Broadcasting Corporation (BBC), which is funded by a tel ...
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Justice System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Defence Counsel
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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