It’s time to talk about manslaughter - one of the most controversial and misunderstood offences that comes before the court, due to its high range of culpability and sometimes fine line between it and murder. From a legal point of view it’s a very clear line between murder and manslaughter. The problem is that factually it’s not always easy to look at a case and say which of the categories it falls into. 

Links to sentences mentioned in this episode.

The Queen v O’Connor (2018)

The Queen v Moreland, Tippins & Thorp (2015)

DPP v Turner (2009)

The Queen v Donker (2018)

It&rsquo;s time to talk about manslaughter - one of the most controversial and misunderstood offences that comes before the court, due to its high range of culpability and sometimes fine line between it and murder. From a legal point of view it&rsquo;s a very clear line between murder and manslaughter. The problem is that factually it&rsquo;s not always easy to look at a case and say which of the categories it falls into.&nbsp;
Links to sentences mentioned in this episode.
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2018/516.html">The Queen v O&rsquo;Connor (2018)</a>
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2015/324.html">The Queen v Moreland, Tippins &amp; Thorp (2015)</a>
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2009/409.html">DPP v Turner (2009)</a>
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2018/210.html">The Queen v Donker (2018)</a>

Drama has unfolded in these courtrooms for more than 130 years, from serial murderers and gangland wars to multimillion-dollar commercial disputes and celebrity defamation cases. Follow Greg Muller and Evan Martin as they take a step behind the bench of one of Australia’s oldest institutions and hear from judges as they explain why they make the decisions they do. Gertie's Law takes a deep dive into some of the lesser-known, misunderstood or complex parts of the court’s work, such as sentencing, mental health, juries and the criminal trial process. Revisit historic cases, meet the many people who work here, from judges to Corrections staff, and take a close look at how a modern justice system operates in a 19th century building. Authorised by the Supreme Court of Victoria, 210 William St, Melbourne

Drama has unfolded in these courtrooms for more than 130 years, from serial murderers and gangland wars to multimillion-dollar commercial disputes and celebrity defamation cases. Follow Greg Muller and Evan Martin as they take a step behind the bench of one of Australia&rsquo;s oldest institutions and hear from judges as they explain why they make the decisions they do. Gertie's Law takes a deep dive into some of the lesser-known, misunderstood or complex parts of the court&rsquo;s work, such as sentencing, mental health, juries and the criminal trial process. Revisit historic cases, meet the many people who work here, from judges to Corrections staff, and take a close look at how a modern justice system operates in a 19th century building. Authorised by the Supreme Court of Victoria, 210 William St, Melbourne

Gertie's Law

Manslaughter

"What is a podcast?" Gertie's Law executive producer Sarah Dolan talks to StoryCraft host Ben Hart about how the Supreme Court of Victoria embraced new media to educate and inform in an entertaining way.

"What is a podcast?" Gertie's Law executive producer Sarah Dolan talks to StoryCraft host Ben Hart about how the Supreme Court of Victoria embraced new media to educate and inform in an entertaining way.

The Story Behind Gertie's Law

We've received your questions and in this final episode of Gertie’s Law, they get answered.

What influences lawyers to challenge a juror during empanelment? Does a murder involving family violence attract a larger sentence? When does criticism become defamation? And are there more right wing terrorist cases coming to the court?

Hear the answers to these questions and more in the final episode of Gertie’s Law.

We've received your questions and in this final episode of Gertie&rsquo;s Law, they get answered.
What influences lawyers to challenge a juror during empanelment? Does a murder involving family violence attract a larger sentence? When does criticism become defamation? And are there more right wing terrorist cases coming to the court?
Hear the answers to these questions and more in the final episode of Gertie&rsquo;s Law.

Closing Statement: Judge and Lawyer Q&A

Last episode we looked at completed terrorist acts, and why they attract such large sentences, however cases involving completed terrorist acts are rare, indeed the first one in Victoria was in 2019.

Most terrorism cases which come before the Supreme Court occur before an act of terrorism has taken place. They’re preparatory offenses, that is, preparing to commit a terrorist act or conspiring to prepare for a terrorist act. 

In this episode we look at the difficult problem of how far back is the right time to criminalise preparatory offenses. Too far back and you confront the idea of thought crimes. Too late and the results may well be horrendous. 

Hear from judges, defense and prosecution barristers and find out how these cases are argued and what happens when they come to the Supreme Court. 

Links to cases discussed in this episode.

The Queen v Cerantonio & Ors

R v Fattal & Ors

 

 

Last episode we looked at completed terrorist acts, and why they attract such large sentences, however cases involving completed terrorist acts are rare, indeed the first one in Victoria was in 2019.
Most terrorism cases which come before the Supreme Court occur before an act of terrorism has taken place. They&rsquo;re preparatory offenses, that is, preparing to commit a terrorist act or conspiring to prepare for a terrorist act.&nbsp;
In this episode we look at the difficult problem of how far back is the right time to criminalise preparatory offenses. Too far back and you confront the idea of thought crimes. Too late and the results may well be horrendous.&nbsp;
Hear from judges, defense and prosecution barristers and find out how these cases are argued and what happens when they come to the Supreme Court.&nbsp;
Links to cases discussed in this episode.
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2019/284.html">The Queen v Cerantonio &amp; Ors</a>
<a href="http://classic.austlii.edu.au/au/cases/vic/VSC/2011/681.html">R v Fattal &amp; Ors</a>
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Manslaughter

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