Category Archives: Law

‘Instruments of injustice’: Victoria’s highest court denounces state’s mandatory sentencing

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Justices Chris Maxwell and Terence Forrest said the ‘oppressive sentencing regime’ ignored evidence and was contrary to public interest

Victoria’s highest court has delivered a withering assessment of the state’s mandatory sentencing regime, saying it required “judges to be instruments of injustice” and showed a “profound misunderstanding” of the community’s best interests.

In a judgment published on Thursday, court of appeal president, Justice Chris Maxwell, and Justice Terence Forrest said introducing mandatory sentencing for a range of offences over the past decade showed that state governments appeared to have “ignored the incontestable evidence about the adverse impact of adult gaol on young offenders”.

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Sudan woman faces death by stoning for adultery in first case for a decade

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Campaigners say sentence amounts to torture amid fears that country’s new regime is rolling back women’s rights

A woman in Sudan has been sentenced to death by stoning for adultery, the first known case in the country for almost a decade.

Maryam Alsyed Tiyrab, 20, was arrested by police in Sudan’s White Nile state last month.

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Trafficking victims ‘fear being criminalised’ if they seek help

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Charity workers hope Sir Mo Farah’s decision to reveal he was trafficked would encourage more victims to come forward

After it took Sir Mo Farah decades to summon the courage to speak about his childhood experiences, trafficking experts warned that the fear of being criminalised prevents many other child victims from coming forward to seek help.

Charity workers commended the Olympic champion’s decision to reveal he was trafficked to the UK using another child’s name, then exploited and forced into domestic servitude, expressing hope that high-profile revelations would highlight the widespread nature of such abuse and encourage more victims to speak out.

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Victoria’s move to restrict ‘silencing’ sexual harassment victims welcomed by unions and lawyers

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State government proposes reforms to use of nondisclosure agreements by employers in Australian first

The use of nondisclosure agreements will be restricted in sexual harassment cases to prevent victim-survivors being silenced, under reforms proposed by the Victorian government that are backed by employment lawyers and industry groups.

The move – an Australian first – was announced on Monday by Victoria’s workplace safety minister, Ingrid Stitt, who said the proposed reforms were a direct response to a ministerial taskforce investigating workplace sexual harassment, which made 26 recommendations. Most have already been accepted by the government.

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What the liberal justices’ scorching dissent reveals about the US supreme court

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Opinions from Breyer, Kagan and Sotomayor send stark warning about increasingly radical court abandoning long-held principles

The US supreme court’s decision to overturn Roe v Wade, ending nearly 50 years of federal protections for abortion access, was “catastrophic”. The ruling amounted to a “curtailment of women’s rights, and of their status as free and equal citizens”. The drastic decision “undermines the court’s legitimacy”, and the consequences of it will set off an “upheaval in … society”.

Those are voices from the supreme court itself: the words of its three liberal justices – Stephen Breyer, Elena Kagan and Sonia Sotomayor – in their scorching and thorough joint dissenting opinion on a decision by their body which has fundamentally altered the lives of millions of Americans.

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Biden signs executive order to protect US abortion access and urges Americans to ‘vote, vote, vote’ – as it happened

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It’s official; Biden has formally signed an executive order protecting access to abortion and other reproductive healthcare services.

Here is a previous post detailing what is in the executive order.

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Victims of Brazil’s worst environmental disaster to get day in UK courts

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Court of appeal judgment allows £5bn lawsuit against mining giant BHP by more than 200,000 victims of 2015 Mariana dam disaster

More than 200,000 victims of Brazil’s worst environmental disaster will have their case heard in a UK court, making it the largest group claim in English legal history.

The lawsuit is against the Anglo-Australian mining company BHP – one of the biggest companies in the world – for their involvement in the collapse of the Mariana dam in 2015, which released toxic mining waste down 400 miles (640km) of waterways along the Doce River. Claimants are seeking at least £5bn ($6bn) in compensation.

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Maya Forstater was discriminated against over gender-critical beliefs, tribunal rules

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Researcher lost job at thinktank after tweeting that transgender women could not change their biological sex

A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has won her claim that she was unfairly discriminated against because of her gender-critical beliefs.

Maya Forstater suffered direct discrimination when the Centre for Global Development (CGD), where she was a visiting fellow, did not renew her contract or fellowship, an employment tribunal found on Wednesday.

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UK Home Office plans second flight to deport asylum seekers to Rwanda

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Flight could take off within weeks and before court has ruled on whether scheme is lawful

The Home Office is planning a second flight to deport asylum seekers to Rwanda, which could take off before the courts have ruled on whether the scheme is lawful, the Guardian has learned.

It is understood that a second flight could take off in a matter of weeks despite the fact that the full high court hearing to examine the government’s Rwanda plans does not begin until 19 July.

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Human traffickers ‘using UK universities as cover’

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Overseas students have vanished from courses and then been found working in exploitative conditions

Universities have been urged to be on high alert for human trafficking after suspected victims brought to Britain on student visas vanished from their courses and were found working in exploitative conditions hundreds of miles away.

In a recent case, Indian students at Greenwich, Chester and Teesside universities stopped attending lectures shortly after arriving in the UK, according to a report by the Gangmasters and Labour Abuse Authority (GLAA) seen by the Observer.

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Mob-style killings shock Netherlands into fighting descent into ‘narco state’

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Murders, corruption and ‘Mocro Maffia’ prompt Dutch to set up war chest to tackle wave of organised crime sweeping nation

Journalists and lawyers under protection or murdered on the streets, court hearings guarded by the army, witness statements anonymised, and billions in dirty drug money that leaches through society, corrupting as it goes.

This is the Netherlands, where these facts have now inspired a crackdown pitting some €500m a year against a level of organised crime that politicians fear is increasingly “undermining” public order.

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The Nigerian gas deal, the Irish impresario and the £8bn ruling amid claims of bribery

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Officials allege contract was corruptly procured by business duo behind P&ID as saga of energy project and secretive tribunal heads for high court

It has been described as one of the most extraordinary cases ever to come before the high court, involving an Irish impresario, an alleged $50,000 bribe stuffed into a bag and potentially one of the biggest payouts in legal history.

The saga of two Irish businessmen, Michael Quinn and Brendan Cahill, who promised to revolutionise Nigeria’s energy sector, will be at the centre of a high court trial early next year.

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Mickey Mouse could soon leave Disney as 95-year copyright expiry nears

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The beloved character was created in 1928 and the cartoon is widely regarded as a pioneer in animation

As a consequence of US copyright law, entertainment giant Disney could soon lose the exclusive rights to some of the characters most responsible for the brand’s universal recognition, including the mouse that acts as its mascot.

Mickey Mouse will enter the public domain in the year 2024, almost 95 years after his creation on 1 October 1928 – the length of time after which the copyright on an anonymous or pseudo-anonymous body of artistic work expires.

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Palestinian Authority routinely tortures detainees, says rights group

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Human Rights Watch calls for donors to cut off funding to security forces and urges international court to investigate

Palestinian authorities in the West Bank and the Gaza Strip systematically torture critics in detention, a practice that could amount to crimes against humanity, an international rights group has said.

In its report, Human Rights Watch (HRW) called for donor countries to cut off funding to Palestinian security forces that commit such crimes and urged the international criminal court to investigate.

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Anthony Albanese raises case of jailed Australian engineer Robert Pether with Iraqi PM

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Exclusive: Pether, who has been imprisoned for 14 months in Baghdad, has become ‘gravely ill’ according to his family

The prime minister, Anthony Albanese, has raised the case of jailed engineer Robert Pether with the Iraqi leader, Mustafa al-Kadhimi, as the Australian’s family warns he has become “gravely ill” and is rapidly deteriorating in his Baghdadi jail cell.

Pether has now been imprisoned for more than 14 months following a commercial dispute between his engineering firm and Iraq’s central bank, which had hired Pether’s company to help build its new Baghdad headquarters. Pether’s family say he is innocent and the trial was unfair and compromised.

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US supreme court hobbles government power to limit harmful emissions

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Court sides with Republican states as ruling represents landmark moment in rightwing effort to dismantle ‘regulatory state’

The US supreme court has sided with Republican-led states to in effect hobble the federal government’s ability to tackle the climate crisis, in a ruling that will have profound implications for the government’s overall regulatory power.

In a 6-3 decision that will seriously hinder America’s ability to stave off disastrous global heating, the supreme court, which became dominated by rightwing justices under the Trump administration, has opted to support a case brought by West Virginia that demands the US Environmental Protection Agency (EPA) be limited in how it regulates planet-heating gases from the energy sector.

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Virginia lawsuits indicate pattern of schools ignoring reported sexual assaults

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Two lawsuits are back in front of federal judges, drawing scrutiny to schools’ failure to support students who report assaults


A pair of lawsuits that for years has plagued Virginia’s largest school system with allegations that it ignored students’ accusations of sex assaults are back in front of federal judges.

One of the lawsuits includes allegations of horrific abuse suffered by a student at a Fairfax county middle school and was the basis for a 2014 federal investigation.

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Archie Battersbee’s parents win court of appeal fight in life-support case

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Family of 12-year-old challenged ruling Archie is brain-stem dead and treatment can be stopped

The parents of Archie Battersbee have won an appeal against ending the 12-year-old’s life support treatment.

A high court judge had ruled that Archie, who sustained brain damage about three months ago, was ”brain-stem dead” after a hospital trust asked it to decide what was in his best interests.

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Louisiana judge blocks abortion ban amid uproar after Roe v Wade ruling

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State temporarily blocked from enforcing ban as other US states pass ‘trigger laws’ designed to severely curtail access to abortion

A Louisiana judge on Monday temporarily stopped the state from enforcing Republican-backed laws banning abortion, set to take effect after the US supreme court ended the constitutional right to the procedure last week.

Louisiana is one of 13 states which passed “trigger laws”, to ban or severely restrict abortions once the supreme court overturned the 1973 Roe v Wade ruling that recognized a right to the procedure. It did so on Friday, stoking uproar among progressives and protests and counter-protests on the streets of major cities.

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US supreme court rules in favor of high school football coach over on-field prayers – as it happened

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Writing for the majority, Justice Neil Gorsuch argued that football coach Joseph Kennedy had a right to publicly pray after games because he was not requiring others to participate in the practice.

“Joseph Kennedy lost his job as a high school football coach because he knelt at midfield after games to offer a quiet prayer of thanks,” Gorsuch wrote.

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