514 Guest Lecturer - Part 2

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"In Australia we call the former the continental or European system, and the latter is the system we use called the common law, where what has happened in the same circumstances in the past dictates what happens in your case, it is called precedent. But there is more and more a blending of these styles in various jurisdictions."

"From my own experience my first exposure to the criminal law system here made me realise how foreign it seemed. In Australia the investigating authorities bring charges the government prosecutes them presenting the case for why a person should be found guilty to the standard of proof called beyond reasonable doubt. However, as many of you know I was involved in an incident where I was the victim of a crime, and due to my husband's family wealth, we were those who prosecuted the charges."

"In Australia a portion of all the legal work I do is being a defence lawyer. My job is not to prove that my client is innocent but demonstrate that the prosecution cannot prove their case to the relevant standard. That can be difficult at times, either because I do not believe my client or they have done something that impacts what I can to within the court system, given the obligations I have to it."

"Your university approached me to give a talk to you due to an explanation I gave to the press about supressing information in a court case. In Australia this is called a suppression order and can be used in various circumstances." Jodie, with Anna's signal started to pass out handouts to everyone present.

"I have handed out some scenarios that we will use to help you discuss this idea, considering different legal systems perspectives on the topic. I have more detailed notes that will be uploaded into your systems for you. Now please read the first scenario and think about this question, which we will discuss. Should the information be in the news, when you are going to ask twelve members of the pubic to answer the question whether the person committed the crime or not."

After a few minutes had passed, Anna spoke "Ideas anyone?"

There was one intrepid person who put their hand up "Madam Hou, why would it make a difference? The person has been charged with the crimes, and therefore it should not matter. People can be told to ignore it."

"Does anyone else have an opinion?"

There was dead silence in the room. "While a good idea, let me ask you this question, if you were told that X had been found guilty of sexually assaulting a 10 year old child in 2000, and you were being asked to make a decision whether or not X had sexually assaulted a 7 year old in 1979 could you ignore knowing the 2000 conviction in deciding on the 1979 matter?"

"In systems like Australia, where there is the dependence on a jury the system presumes that in knowing the 2000 conviction will lean you towards convicting in the 1979 matter. The system would information about the 2000 conviction to be hidden until the 1979 matter is dealt with. It helps preserve what is called the presumption of innocence."

"A good example, and you will be able to find a lot about this on the internet is searching for Cardinal George Pell, and his convictions for historical sexual offences against children. In Australia, technically information about the first trial was supressed while the second case was before the courts not to influence the potential jury that would hear the second case, despite a search on the internet being able to show the conviction. The court took the view knowing about the second case would influence the jury like the example."

"Now, taking that on board look at the second scenario and consider the same situation, but this time it looks at a victim …"

For the next hour and a half, Anna took the class through some examples, while explaining different aspects about the Australian legal system to the class. Jodie occasionally interrupted to add pieces of relevant information that she had.

At the end, one class member stood up, and thanked Anna and Jodie for coming.

After the students left the lecture theatre, Anna turned to Jodie and said "That actually was fun. I was so nervous before coming..."

"Well boss we had discussed this, you did not need to be nervous as you know your stuff. Now come on, the big boss told me I need to get you back to the office when you finished so we need to get going."

Anna nodded and the two of them headed out to the car waiting for Anna before heading back to Hou Enterprises.