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Rebecca Massey appealing (strictly in a legal sense)

By johnboy - 7 May 2011 28

The Canberra Times has the news that convicted murderer Rebecca Massey is chancing her arm on the ACT’s appeal-a-go-round, safely removing the case from a know-nothing jury of her peers and returning it to the forgiving arms of the judiciary.

Massey’s legal team argues the judge who presided over the trial, Justice Malcolm Gray, failed to direct the jury properly on crucial points of law.

According to appeal papers, Justice Gray did not properly direct the jury about the evidence upon which Massey relied in her self-defence claim.

He is said to have failed to give the jury adequate instructions on the matter of self-defence and failed to link his instructions to the evidence on the topic.

It is argued that the errors deprived Massey of a fair chance of acquittal and the jury’s verdict is ”unsafe and unsatisfactory” as a result.

Massey’s lawyers seek to have her murder conviction quashed, allowing the Ngunnawal woman to walk free, or have the case remitted to the Supreme Court again for a re-trial.

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28 Responses to
Rebecca Massey appealing (strictly in a legal sense)
EvanJames 9:49 am 09 May 11

Aj_1987 said :

She is as guilty as sin.

Who goes to the shops with a knife in their pocket? For any reason? It’s appalling that people like this are allowed to waste public money. There is no reasonable doubt in this case, and having people like this wandering around in society is not something I’m keen on.

Chop71 9:47 am 09 May 11

Aj_1987 said :

I was on the jury and everything was explained to us. They even called us back out to clear some stuff up that we assume the defense had issues with! This makes my blood boil as I was part of this trial for over a month! She is as guilty as sin.

Please don’t say anything else in a public forum. If you have something to say, offer it to the police or the appeals judge.

vg 11:05 pm 08 May 11

“I was on the jury and everything was explained to us. They even called us back out to clear some stuff up that we assume the defense had issues with! This makes my blood boil as I was part of this trial for over a month! She is as guilty as sin.”

If you were on the jury you were instructed not to do things like this

Gerry-Built 7:16 pm 08 May 11

Spideydog said :

There is no rehab for someone that has no remorse for what they had done.

Yeah I tend to agree – hence “opportunity”…

Spideydog 5:05 pm 08 May 11

Gerry-Built said :

I get the distinct impression, that in the lead up to the trial, she failed every drug test, broke her bail conditions and lied on several occasions; there is no remorse for her crimes, nor the murder (is it still “alleged” if she has been found guilty, but is appealing the conviction?) itself. Hope the appeal is dismissed, but held against her during sentencing… If she was unable to change her ways whilst preparing to defend herself – she clearly has no intention of changing her ways in the long term… She is her own worst enemy – and until she faces that, things are not going to change for her, nor anyone around her… Some good time away might help change her perspective – she needs the opportunity for rehabilitation from those who are encouraging her antisocial and illegal acts, and those around her need a break from her encouragement of the same…

There is no rehab for someone that has no remorse for what they had done.

Aj_1987 12:44 pm 08 May 11

I was on the jury and everything was explained to us. They even called us back out to clear some stuff up that we assume the defense had issues with! This makes my blood boil as I was part of this trial for over a month! She is as guilty as sin.

BerraBoy68 11:04 am 08 May 11

Lookout Smithers said :

…the severity of the charge and what it means for the lawyer should they win the case. The outcome of a charge like that is life changing for client and counsel.

Pretty life changing for the dead victim and her family too, I’d have thought.

Hope she gets 20+ years.

Gerry-Built 10:09 am 08 May 11

I get the distinct impression, that in the lead up to the trial, she failed every drug test, broke her bail conditions and lied on several occasions; there is no remorse for her crimes, nor the murder (is it still “alleged” if she has been found guilty, but is appealing the conviction?) itself. Hope the appeal is dismissed, but held against her during sentencing… If she was unable to change her ways whilst preparing to defend herself – she clearly has no intention of changing her ways in the long term… She is her own worst enemy – and until she faces that, things are not going to change for her, nor anyone around her… Some good time away might help change her perspective – she needs the opportunity for rehabilitation from those who are encouraging her antisocial and illegal acts, and those around her need a break from her encouragement of the same…

Deref 9:03 am 08 May 11

Headline win. 🙂

Special G 8:12 am 08 May 11

Change the legislation to bladed weapons offences. If you pull a blade your intent is to kill the person – easy.

Mr Gillespie 4:03 am 08 May 11

Defence lawyers seem to get unlimited funding from the ACT taxpayer by way of Legal Aid. They are paid to find whatever loophole there is in the case (in this example, alleged medical misadventure because hospital staff couldn’t clearly answer questions like when Booshand was really dead) so the defendant can avoid taking responsibility for her actions, most likely went beyond self-defence and were reckless as to whether they would cause the death of the deceased weren’t they?

PJCanberra 6:08 pm 07 May 11

My god, if you stab someone and kill them it’s MURDER!!
She should go to jail. What is it with appeals and people getting off all the time in Canberra??

Rawhide Kid Part3 5:19 pm 07 May 11

p1 said :

If the judge hearing the appeal agrees that the jury were not told some important point, and they just call the jury back in, tell them the very important instruction they missed, and ask if it changes the verdict?

I don’t think you can once the Jury have been released from their duty.

p1 1:55 pm 07 May 11

If the judge hearing the appeal agrees that the jury were not told some important point, and they just call the jury back in, tell them the very important instruction they missed, and ask if it changes the verdict?

Lookout Smithers 11:40 am 07 May 11

Criminal defence lawyers often do work in kind for clients who have no means to afford a defence at all let alone a good one. With the money lawyers can earn, the quality of life compared with those they defend make it an easy decision really. Its compassionate. But the other reason I think might be the severity of the charge and what it means for the lawyer should they win the case. The outcome of a charge like that is life changing for client and counsel.

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