True Crime. Real court cases.
True crime from Down Under, as told through Australia's criminal courts. With explanations of criminal law concepts and application.
DISCLAIMER: This channel should not be relied on as legal advice. Its contents are for entertainment purposes only and should not replace your own independent legal advice.
Committing Crime to Prevent Animal Cruelty: The Necessity Defence (NSW Supreme Court)
On 21 June 2018, a group of animal lovers entered 220 Mowbray Park Road, Lakesland, New South Wales, and removed egg-laying chickens, to prevent them being subjected to ongoing gruelty.
They were charged and convicted in the New South Wales local court, for offences against the Inclosed Lands Protection Act.
In this episode, I outline the background to the matter, and the group’s appeal to the New South Wales Supreme Court, where they relied on the defence of necessity.
Lopes v Cook [2020] NSWSC 1776
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6 Nov 2023
Sexual Assault, Lies & a Jury Trial: Appeal Against Conviction (ACT Court of Appeal)
On 29 March 2022, a jury found Salvatore Incandela guilty of sexual assault, which begun as a date gone wrong. He appealed the conviction on two grounds.
In this episode, I look at the ACT Court of Appeal’s decision, including how it dealt with the issues of corroboration and Incandela’s lies.
This is Australian true crime, as told through Australia's criminal justice system.
Incandela v The Queen [2023] ACTCA 41
Edwards v R [1993] HCA 63
Background video by Thawatchai Thonglao on Vecteezy.com
27 Oct 2023
Murder in Mortlake: How a Cloned Key Led to a Tradie's Conviction (NSW Court of Criminal Appeal)
On 10 March 2017, armed offenders used a duplicated key to enter the apartment of Kemel Barakat - also known as "Blackie" - and killed him.
The identity of the armed offenders remains unknown. However, evidence led police to suspect that Ahmed Jaghbir, a Sydney tradie, had assisted the offenders to carry out the murder.
On 12 October 2020, Jaghbir was found guilty of being an accessory before the fact to Blackie's murder.
Earlier this year, Jaghbir appealed the conviction to the New South Wales Court of Criminal Appeal. In this podcast, I review the reasoning and outcome of that appeal.
This is Australian true crime, told through Australia's criminal justice system.
Jaghbir v R [2023] NSWCCA 175
14 Oct 2023
The Prairiewood Shooting: 11 Words that Killed a Conviction (NSW Court of Criminal Appeal)
The victim was shot before reaching his front door, after returning to his home in the Western Sydney suburb. He was rendered a paraplegic.
The accused was convicted after a jury trial. He was ultimately sentenced to 19 years imprisonment.
The New South Wales Court of Criminal Appeal last week handed down its decision on his appeal. The accused successfully argued that his conviction should be set aside.
Eleven words spoken at the trial made all the difference.
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This is Australian True Crime, told through Australia's Criminal Justice System.
4 Oct 2023
Victoria's Anti-Nazi Laws: Current and Proposed
In December 2022, the Victorian government amended its Summary Offences Act to prohibit the display of the Nazi Hakenkreuz (Swastika).
On account of growing neo-Nazi activity, the government now plans to increase Nazi-related prohibitions, by expanding the banned symbology and including a prohibition on performing Nazi gestures, including the Nazi salute.
In this video, I look at the current and proposed laws, and question some of the potentially unintended consequences.
24 Sept 2023
Unlawfully Obtained Evidence v Cannabis Trafficking (SA Court of Criminal Appeal)
On 27 November 2014, Graham James Rockford was found guilty of three serious offences, including the cultivation and trafficking of a commercial quantity of cannabis. Within six months, his conviction was overturned, on account of police having unlawfully obtained the evidence.
I look at what happened, and the principal factors that swayed the South Australian Court of Appeal to make that decision.
Trial: R v Rockford [2014] SADC 199.
Appeal: R v Rockford [2015] SASCFC 51.
8 Sept 2023
The Happy Cup Café Murder: Catching a killer with a circumstantial case (NSW Court of Criminal Appeal)
On 23 January 2018, Ho Ledinh was murdered in Bankstown, NSW (Australia). The shooter was captured on CCTV, but there was no direct evidence against his accomplice. Despite that, the jury found the accomplice guilty of the joint criminal enterprise of murder.
The NSW Court of Criminal Appeal heard the accomplice's appeal and considered whether it was open to the jury to find him guilty. The Court handed down its decision on 9 August 2023.
Appeal decision: Sinai v R [2023] NSWCCA 194
Sentencing: R v Keleklio; R v Sinai [2022] NSWSC 62
7 Sept 2023
Oz Crime Law (Trailer)
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