Read The Times Australia

Daily Bulletin

What the not guilty pleas mean for the trial of alleged Christchurch mosque gunman

  • Written by: Kris Gledhill, Professor of Law, Auckland University of Technology
What the not guilty pleas mean for the trial of alleged Christchurch mosque gunman

The man accused of the Christchurch mosque attacks appeared in court last week. Through his lawyer, he pleaded not guilty to 92 charges of murder, attempted murder and terrorism.

The court appearance was a “callover” procedural hearing as part of the judge managing the case prior to trial.

It clarified issues around the accused’s fitness to stand trial and set a timetable towards a trial in May 2020.

Read more: Explainer: what the additional terrorism charge means for mosque attack trial

Charges and not guilty plea

In total, 92 charges have been laid against the alleged perpetrator of the mosque attacks. The death of an additional person since the last court hearing meant one attempted murder charge was converted to a murder charge. There are now 51 murder charges. Two other attempted murder charges were laid, bringing this to 40. And, as the police had indicated last month, a terrorism charge was added to the murder and attempted murder charges.

The lawyer for the accused entered not guilty pleas on his behalf. As a preliminary to this, it was indicated two appropriately qualified people had assessed the accused and found him fit to stand trial. Under the Criminal Procedure (Mentally Impaired Persons) Act 2003, there cannot be a criminal trial to assess guilt if the accused cannot participate.

In such a situation, the courts are limited to a lesser inquiry of whether the person committed the alleged acts. This does not investigate their state of mind at the time of the offence, which is an essential part of most criminal trials. Fitness to stand trial turns on the current state of mind of the accused.

Insanity at the time of the offences is a very different question. It is for the defence to demonstrate at trial if they wish to raise it and have the relevant evidence.

Read more: Establishing fitness to stand trial as the first step in Christchurch attack court process

Defendants are entitled to require the prosecution to prove their guilt. It is a matter that can be taken into account at sentencing if guilt is established, as a person who pleads guilty will almost always receive a discount. Since a murder conviction invariably results in a life sentence, there is a limited carrot available, relating to the time that must be served before a parole application is made.

The law does allow for a life sentence without any prospect of parole. A person who expects this outcome, even if they pleaded guilty, has no real incentive to do so.

It is also worth noting that until the prosecution has completed the process of disclosing all its evidence, defence lawyers are not in a position to give the best advice on whether the prosecution will be able to prove guilt.

Trial expected in May 2020

A tentative date has been fixed for the trial, starting on May 4 2020. The trial is expected to take six weeks, although the defence has suggested it might be longer.

The trial length is affected by the decision to bring a charge in relation to each victim rather than to proceed on representative charges, as well as by the added terrorism charge, which introduces complexities into what has to be proved.

Read more: Charging the Christchurch mosque attacker with terrorism could be risky – but it's important

If the trial does indeed begin in May 2020, that will represent some 14 months from arrest to trial. This is not consistent with the need for a speedy trial. But it is not an unusual delay in New Zealand, which has had an underfunded criminal justice system for some time, including in terms of judges and courtrooms. The delays in such a high-profile trial, and the inevitable anguish for victims, highlight the consequence of inadequate funding.

All court appearances to date have been in Christchurch, with the alleged perpetrator appearing by video link from prison in Auckland. Jurisdiction lies with the court local to where the offence occurred. But an application for transfer to another place for trial might be made in due course, partly based on the difficulty of finding jurors without a link to the witnesses or victims.

Restrictions lifted

Other developments were in relation to some matters of reporting. The names of attempted murder victims had been suppressed, but that has lapsed. The names of child victims and witnesses are automatically suppressed by statute.

In addition, while the judge did not allow any supplemental images of the accused to be recorded, an image from his first court appearance, which had his face pixelated, can now be used without the pixelation. It is a matter for individual news agencies to decide whether to name the accused (who never sought to have his name suppressed) or to use the image that reveals his face.

Of course, public curiosity may often be harmless, but the alternative view is that a possible desire for notoriety can be countered by not mentioning names or reproducing photographs. The Conversation’s policy is not to name the alleged perpetrator.

The next hearing, also procedural, is due in August.

Authors: Kris Gledhill, Professor of Law, Auckland University of Technology

Read more http://theconversation.com/what-the-not-guilty-pleas-mean-for-the-trial-of-alleged-christchurch-mosque-gunman-118917

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...