1. There are injuries and if her story of events is consistent with the injuries present, then guilt is essentially proven in a he said/she said situation.
2. Pretty simple really, if she thought her injuries were due to an accident, then she probably would’ve told the police this and nothing else would’ve happened. If she thought he intentionally injured her, then she’d tell the police that and they’d charge him and put an AVO on him. Assault often comes down to fear being felt by the victim, is fear not related to someone’s thoughts? Thought processes are a huge component of the legal process and legal issues.
3. Stop reading text books and think about it practically. She had injuries, she claimed he caused them. The only way out of it is if she retracts her statement, and hey, look what has happened.
4. Careful, Greg Bird’s conviction was quashed, meaning he’s innocent under the eyes of the law, and therefore you should be happy he was allowed to play on and have no criminal punishment. On the one hand you didn’t want Greg Bird to be allowed to play even though he’s not guilty of anything, but Walker should be allowed to play pending the result of his court case. So if Walker is found not guilty, you think he should be allowed to continue playing, but Bird was found not guilty and you didn’t want him to be allowed to play. Sounds a bit contradictory to me.
Wrong, incorrect, and still miles away from reality.
Yes there are injuries, however, that does not justify that a person is guilty of assault or, assault occassioning GBH.
Firstly, assault does not generally come about because the victim experiences fear, it comes about because one person has made intentional contact with another, without consent. An AVO generally comes about because the victim experiences fear.
I thoroughly appreciate your dedicated time in trying to explain to me certain facets of the law, but this is not really necessary.
‘Stop reading textbooks’ yes I am very guilty of this my learned friend, but thanks to all those textbooks I have read, several degrees have been completed. One of those is to represent and give advice to people like you that rely upon opinions, and that are so narrow-minded that believe our legal process is formulated on an individual’s thought process rather than fact and legal
Interpretation.
Very simple really? So according to a witness/s statements that a journo wrote in a newspaper it becomes a clear cut case and it is that simple........ (RUBBISH).
When we pass on a brief to a silk or a Q.C. Did you know that generally the more witnesses that are present, the better it is for our/the client. In cross-examination it is extremely likely that there will be contradicting statements by witnesses and many will rely on (you guessed it) OPINION not what factually occurred. So before speaking nonsense (which I have very little time for) maybe inform yourself.
Does the newspaper article state what happened inside the house before it spilled out onto the street?
Was the witness/s inside the Walker family residence to see how this unfolded from start to end?
Does the jouno or witness know if Walker was threatened with a knife, screwdriver, object, hence he reacted this way?
Did Walker’s partner assault him first inside the house before all this occurred?
Do you, the journo, or the witness/s know if Walker is keeping quiet his side of the story about what happened, because he doesn’t want to lose contact with his child, or get his partner in trouble?
(But I guess it is very easy like you said so I can only assume you must have all these answers).
Finally, it is not I that needs to be careful, rather, your very simplistic/careless opinions are the ones you should be very careful with.
The matter with Bird was quashed (according to you) as I have never had the time to read through all the material. Immediately, if a matter is quashed it is because a previous judgement of guilt has been made and on appeal (rehearing) the matter was quashed. Otherwise if the first trial judge finds the accused ‘not guilty’ it is dismissed.
There are fundamently numerous ways a matter can be quashed
* relevant/irrelevant consideration
* trial judge erred in interpretation and application of the law
* new facts have come about that change the outcome
* A new witness has provided info to the contrary and many many more
The fact it was quashed the ‘mens rea’ could not be proven (intent), but the incident occurred. So maybe instead of trying to educate others on erroneous beliefs, maybe read more textbooks and less newspapers it may assist you in not running in an accussing everyone of a crime based on what you believe.
Have a nice day