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Can you articulate why you believe Justice Lee has not properly...

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Andrewst10

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17/04/24

16:46

Post #: 73391815
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Originally posted by axiomwatson: ↑

This is simply ill-informed. Lehrmann clearly has grounds to appeal. Indeed, some very respected legal figures have already ventured the opinion that such an appeal would succeed.
Firstly, Lee's conclusion of 'recklessness' as to consent, is simply not supported by his own findings of fact upon which he relies.
Secondly, he has erred in law in several areas - a good example is his failure to properly apply the 'Briginshaw' principle.
(I am a retired criminal lawyer and law lecturer.)

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Can you articulate why you believe Justice Lee has not properly applied the Briginshaw Principle?
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