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        <title>Law | Tags | The Punch</title>
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        <description>Politics, political opinion, world news, sports news and the latest news and views updated live, daily on The Punch - Australia's best conversation.</description>
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        <copyright>Copyright 2012 The Punch</copyright>
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        <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
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        <category>Politics, opinion, world news, sports news, latest news, views, Barack Obama, Kevin Rudd, Julia Gillard, Nathan Rees, Malcolm Turnbull, Peter Garrett, Barnaby Joyce, Australian, federal politics, opinion polls, election, The Punch, thepunch, punch</category>
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            <description>Politics, political opinion, world news, sports news and the latest news and views updated live, daily on The Punch - Australia's best conversation.</description>
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        <item>
            <title>We need to be careful so all are equal under the law</title>
            <link>http://www.thepunch.com.au/articles/we-need-to-be-careful-so-all-are-equal-under-law/</link>
            <description>The Queensland Government absolutely abhors any attack on a person based on their sexual preference and, to be absolutely clear, does not believe that anyone should be able to plead a non&#45;violent homosexual advance as a partial defence for murder.



On this, we agree with Father Paul Kelly, who wrote the piece on The Punch on Wednesday, &#8220;An archaic defence that belongs in the dark ages&#8221;. However, it is important that we take expert advice. The legal reality is that the Criminal Code has to be drafted carefully. 

It must be drafted on what will work to the letter of the law or else other people will seek to exploit it in unforseen circumstances where society would not support it.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/we-need-to-be-careful-so-all-are-equal-under-law/#comments</comments>
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            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>An archaic defence that belongs in the dark ages</title>
            <link>http://www.thepunch.com.au/articles/an-archaic-defence-that-belongs-in-the-dark-ages/</link>
            <description>In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/an-archaic-defence-that-belongs-in-the-dark-ages/#comments</comments>
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            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Don&#8217;t hang the jury</title>
            <link>http://www.thepunch.com.au/articles/dont-hang-the-jury/</link>
            <description>In a perfect world, justice would be swift. Right and wrong would be black and white. Good people would feel protected by the law and bad people would go to jail. In reality, crimes like murder and rape are as complicated as they are common. Sound verdicts take time. 



So a Sydney judge&#8217;s suggestion to do away with juries in these cases, in the interests of efficiency, presents serious risk to the way we understand and trust the law. 

Speed in these decisions risks poor judgement. Worse, it can destroy people&#8217;s lives.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/dont-hang-the-jury/#comments</comments>
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            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Law: the ultimate monopoly</title>
            <link>http://www.thepunch.com.au/articles/Law-the-ultimate-monopoly/</link>
            <description>Have you ever taken a case to court? Are you a small business person who has taken a franchisor or a shopping centre landlord to court? Did your lawyers charge you an arm and a leg? Did your legal and court costs spiral out of control?



The sad reality is that the cost of justice is now unaffordable for many people including small businesses. With lawyers charging anything up to $1,000 plus an hour for legal advice, it&#8217;s clear that the average consumer or small business simply cannot afford to go to a lawyer, let alone to court.

There is no shortage of stories where a small business person has been hit with tens of thousands or more of legal costs from their own lawyers. Then there is the potential of having to pay for the other side&#8217;s legal costs if the small business person loses.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/Law-the-ultimate-monopoly/#comments</comments>
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            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Have these terrorists reformed? Fingers crossed</title>
            <link>http://www.thepunch.com.au/articles/have-these-terrorists-reformed-umm.-fingers-crossed/</link>
            <description>One of the more striking photographs from the sadly crowded files of modern Australian terrorist coverage came in 2005, when 17 men were arrested for plotting the murder of hundreds of civilians in a bombing campaign against major landmarks in Sydney and Melbourne.



When the men were rounded up by the Australian Federal Police, two of their wives decided to go public. They said their husbands were just normal Aussies, good blokes going about their business who loved Australia and wished no one any harm.

The women were photographed in a normal suburban backyard with a Hills Hoist and a barbecue in the background and were wearing full body&#45;length niqabs, those burqas on steroids, peering through the slots in their medieval outfits to say that they were no different from any other group of Australians. As a public relations exercise this little photo opportunity wasn&#8217;t exactly a roaring success.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/have-these-terrorists-reformed-umm.-fingers-crossed/#comments</comments>
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            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Slavery is alive and well in our own backyard</title>
            <link>http://www.thepunch.com.au/articles/Slavery-is-alive-and-well-in-our-own-backyard/</link>
            <description>On the northern tip of Queensland, a young woman from the Philippines worked up to 18 hours a day for a married couple. She looked after their three small children, cleaned their house at night, and worked in their store in the day.



The woman, known in court as Ms G, was repeatedly raped by the husband, threatened, abused and exploited. After numerous appeals, in February 2010 the husband was jailed for slavery offences. The wife was also convicted, although she has since lodged another appeal.

These workers are Jills of all trades: cooking, cleaning, caring for kids, the elderly and the sick. Domestic workers &#8211; nannies, maids, au pairs, &#8220;the help&#8221; &#45; make the lives of Australian families easier. But sometimes the lives of these workers are unbearably hard.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/Slavery-is-alive-and-well-in-our-own-backyard/#comments</comments>
            <enclosure url="http://www.thepunch.com.au/images/uploads/slavetrade_thumb.jpg" type="image/jpeg" />            <guid>http://www.thepunch.com.au/articles/Slavery-is-alive-and-well-in-our-own-backyard/#item7064</guid>
            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>The gambling beast is greedy and shows no mercy</title>
            <link>http://www.thepunch.com.au/articles/the-gambling-beast-is-greedy-and-shows-no-mercy/</link>
            <description>Gambling is a serious social problem with horrendous consequences for the vulnerable. I grew up in suburban Brisbane and my most vivid childhood memory of my step father is when he violently ransacked my brother&#8217;s school bag for $1.50 and said, &#8220;F&#8212;k Dean, he can go without.&#8221; 



He took the boy&#8217;s lunch money, slammed the door, and went down to the TAB to place a bet on another horse destined to lose. I&#8217;ve never looked at the man the same way since.

Such is the addictive power of gambling that a father would rather see his own son go hungry so he can satisfy his hunger to gamble. Gambling addiction is a disease. It consumes, controls, and destroys. It&#8217;s a monster. I know because I&#8217;ve seen it. In the long&#45;running sitcom, The Simpsons, Homer Simpson even gave a name to the addictive power of  gambling when Marge got hooked on the pokies at George Burns&#8217; casino. He called  it &#8220;Gamblor&#8221;.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/the-gambling-beast-is-greedy-and-shows-no-mercy/#comments</comments>
            <enclosure url="http://www.thepunch.com.au/images/uploads/thumbnails/Gamblorthumb.jpg" type="image/jpeg" />            <guid>http://www.thepunch.com.au/articles/the-gambling-beast-is-greedy-and-shows-no-mercy/#item6949</guid>
            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Help me Kevin 747. You&#8217;re my only hope!</title>
            <link>http://www.thepunch.com.au/articles/Help-me-kevin-747-youre-my-only-hope/</link>
            <description>There is something enticing about the idea of life in the foreign service, with the promise of exotic travel, dealings and double&#45;dealings with diplomats from the dodgiest regimes, cocktails on the lawn at lavish ambassadorial residences.



We have been reminded this week, however, that a very large part of the role of the foreign service is to lend a helping hand to ratbags who get themselves into strife overseas, and believe that it&#8217;s the job of the Government to get them out of trouble.

You would imagine that any Australian diplomat posted to a place such as Phuket would spend most of their time arranging ambulances for guys called Wazza who ploughed their Vespa into the back of a tuktuk after 14 bottles of Singha, safe in the knowledge that our Government can save them from their own stupidity.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/Help-me-kevin-747-youre-my-only-hope/#comments</comments>
            <enclosure url="http://www.thepunch.com.au/images/uploads/thumbnails/kangaroo-beer-THUMBNAIL.jpg" type="image/jpeg" />            <guid>http://www.thepunch.com.au/articles/Help-me-kevin-747-youre-my-only-hope/#item6882</guid>
            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Bolt case shows need for more free speech, not less</title>
            <link>http://www.thepunch.com.au/articles/bolt-case-shows-need-for-more-free-speech-not-less/</link>
            <description>It&#8217;s easy to defend free speech when you support a speaker&#8217;s views. It&#8217;s harder when you oppose them. Now, after the ruling in the Bolt case, free speech champions &#8211; even those who dislike and disagree with Andrew Bolt &#8211; should be speaking out.



They line up, to the right and to the left, the self&#45;appointed arbiters of political and societal fashion, the media commentariat. From their pulp pulpits they lay down how we ordinary Australians should think. Their words today are the gospels of tomorrow, regurgitated in dozens of accents and emphases throughout workplaces, bars and coffee shops as well and re&#45;broadcast by phone, email and Twitter.

The best known is Alan Jones, motor mouth of the airwaves, syndicated nationally on commercial radio, hard&#45;core conservative. But there are a dozen or two others, in newspapers and on radio and TV, of various political shades. Most of the time, the harsh pronouncements wash us by, grating and irritating in equal measure on either side of public debate. But occasionally they hit the mark, roughly on target: a surge of public opinion forces focused governments to respond to what appears to be the will of the people.&amp;nbsp;</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/bolt-case-shows-need-for-more-free-speech-not-less/#comments</comments>
            <enclosure url="http://www.thepunch.com.au/images/uploads/thumbnails/Boltcourthtumb.jpg" type="image/jpeg" />            <guid>http://www.thepunch.com.au/articles/bolt-case-shows-need-for-more-free-speech-not-less/#item6813</guid>
            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
        </item>
        
        <item>
            <title>Supporting gay marriage just makes cents</title>
            <link>http://www.thepunch.com.au/articles/support-gay-marriage-it-just-makes-cents/</link>
            <description>What&#8217;s more cruel and unusual? Banning same&#45;sex couples from getting hitched or pressuring them to do it at warp speeds (thereby depriving them of the lengthy fights over floral arrangements and weird chair furniture that are the birthright of every straight dyad)?



When gay marriage became legal in New York last weekend, the race was on for queer twosomes to make honest gays and lesbians of themselves. 

It was a case of on your marks, get set, MARRY.</description>
            <author>feedback@thepunch.com.au (Tory Shepherd)</author>
            <category>Article</category>
            <comments>http://www.thepunch.com.au/articles/support-gay-marriage-it-just-makes-cents/#comments</comments>
            <enclosure url="http://www.thepunch.com.au/images/uploads/thumbnails/gaymarriage9_thumb.jpg" type="image/jpeg" />            <guid>http://www.thepunch.com.au/articles/support-gay-marriage-it-just-makes-cents/#item6392</guid>
            <pubDate>Thu, 09 Feb 2012 01:45:28 +0000</pubDate>
            <source url="http://www.thepunch.com.au/rss/tags/law/">In July 2008 I was shocked when I received a call from the police telling me that my parish church of Saint Mary&#8217;s, in Maryborough, Queensland, was a crime scene. 



A man was found dead by parishioners as they arrived for a morning communion liturgy. It was devastating and shocking. I and my parishioners followed the case closely. Very soon, two suspects were caught. Our church security cameras caught the events of the terrible bashing.

I was appalled when it was claimed that an alleged homosexual advance was a reason given for the man being bashed and left lying overnight in the church grounds. I was likewise appalled when I found that an alleged or perceived homosexual advance (of even the most minor gesture or touch) can be used as a partial defence in a murder case in Queensland (and also to an extent in NSW). What reason could justify a bashing that leads to someone&#8217;s death?</source>
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