CASE: Liu v R [2023] NSWSSA 30

How should elderly offenders be punished by the criminal justice system? Should old age result in a shorter imprisonment sentence?

Those are the questions that were considered in this case.

Zhiyun Liu was 81 years old when he assaulted his wife and attempted to kill her. He pleaded guilty to causing grevious bodily harm with intent to murder and was sentenced to a maximum penalty of 25 years and a standard non-parole period of 10 years.

He appealed against the severity of his criminal sentence arguing that the judge had failed to property consider his advanced age.

WARNING: This episode contains disturbing details of violence.

THIS IS NOT LEGAL ADVICE.

Link to Just in Case Law Facebook group: https://www.facebook.com/groups/633768175072329/

When a romantic relationship ends, the parties may need to divide their property and assets.

The Family Court has jurisdiction to make property orders where there has been a breakdown of a marriage or de facto relationship.  If you are married, you show the Court the marriage certificate. But what do you need to show to prove a de facto relationship?

The case of Swinbank v Stein [2022] FedCFamC1F 682 involved one party (Mr Swinbank) claiming that he had been in a de facto relationship

Mr Swinbank wanted a division of assets, which he could only get if he first proved that a de facto relationship had existed.

CASE: The application of Jill May Morison; In the matter of Neil Walter Morison [2022] NSWSC 1758

50 years later, in 2022, Neil’s sister Jill applied for the Supreme Court of NSW to make a presumption of death ruling and to authorise her to deal

If a person disappears leaving no trace, when can they be presumed to be dead and what happens to their estate?

THIS IS NOTE LEGAL ADVICE.

In this episode we are not so much covering a criminal trial as we are covering multiple judgments made in relation to the jury that was sitting on a criminal trial. How many jury members can be dismissed from a jury panel before it is ruled to be a mistrial?

The criminal case of R v Cranston started with 15 jurors, but as the case was drawn out for many months, jurors began dropping like flies until finally... there was only 10 left.

Why were jury members discharged? For having Covid, for starting a new job, for being pregnant and for being sleepy.

Side note: The need to say jury and juror a million times really emphasises my speach impediment - apologies in advance!

CASES: R v Cranston (No 14) [2022] NSWSC 860; R v Cranston

THIS IS NOT LEGAL ADVICE.

CASE: Prothonotary of the Supreme Court of NSW v Whit [2023] NSWSC 264

It would take a bench warrant and apprehension by a Victorian Fugitive Squad and NSW Sheriff's Officer to bring Mr Whit before the Court.

He pleaded guilty to contempt of Court Orders and was sentenced to imprisonment for one year.

This case is a reminder that 'Executor' is not just a fancy title. It is a Court appointed role that holds a person to a high standard of conduct. And there can be serious consequences for those who wilfully shirk their duties.

THIS IS NOT LEGAL ADVICE.

CASE: Decision of the Financial Planning Association of Australia, Conduct Review Commission CRC_FY-19-20_16

This case was recommended to me by the most awesome Michael Miller. Financial Planner at Capital Advisory in Canberra.

This is a matter before the Financial Planning Association (FPA) looking at the conduct of one of its members – financial planner Mrs

Mrs Pandya worked as a financial planner for several years and one of her clients was in his mid-80s and living in an aged care facility. But she was not only his financial planner, she also became a close friend and provided care and support to her client.

The client noticed strange transactions on his bank statement - payments for purchases he wouldn't need and large cash withdrawals.

After some investigations, it was discovered that Mrs Pandya had accepted a 'gift' of $25,000 from the client.

In November 2019 there was a complaint made against her that she had acted in breach of the FPA’s Code of Ethics by accepting and keeping a monetary

CASE: McFarland v Gertos [2018] NSWSC 1629

GUEST: Christa Chapman, Property Lawyer at Roberts Crosbie Mortensen

In 1998 Mr Gertos was visitng a client who lived on Malleny Street in Ashbury. As he was in the neighbourhood he noticed the house at number 6 appeared to be unoccupied and was falling into disrepair. When no owner could be found, he laid claim to it: he did some renovations, changed the locks and rented it out.

In 2017 Mr Gertos applied to be registered as the legal owner of the property. It was at this time that the family of the deceased owner were notified and they objected to Mr Gertos being named the owner of their family home.

In this episode, Property Lawyer Christa Chapman joined me to explain the legal concept of 'adverse possession' and how it can to be that Mr Gertos became the owner of a $1.4m house in Sydney.

THIS IS NOT LEGAL ADVICE.

CASE: In the Estate of the late Anthony Marras [2014] NSWSC 915

Anthony Marras died on 14 September 2011. He died without having ever done a Will, which meant that his estate would be distributed according to the rules of intestacy. According to those rules, the majority of his estate would go to his surviving spouse. But depending on how you looked at it, Anthony had 2 wives... or none... or just one.

Anthony was married to Maria from 1958 to 1980, at which stage they divided their assets and divorced.

Anthony was married to Effy in 1982 and they separated in 2008. They had divided their assets, but not yet divorced when Anthony died on 14 September 2011.

After Anthony's death, Maria claimed that in 2008 she and Anthony got back together and that she was his de facto at the time of his death.

So how many spouses did Anthony really have and how was his $1.5 million estate to be distributed?

THIS IS NOT LEGAL ADVICE.

CASE: LE and LF v Public Guardian [2009] NSWADT 78

WARNING: This case covers the topic of advance care planning and end-of-life treatment, and may not be suitable for all listeners.

Perhaps one of the hardest decisions to make could be whether or not to terminate life support in the knowledge that it will result in a person's death.

People will generally have an idea of whether or not THEY would like to be kept alive on life support, but how do you make the decision for another person?

Mr A was only 44 years old when he had a terrible accident while rock fishing that resulted in brain damage. He was put on life support with no expectation of recovery. His doctors recommended ceasing life support and his wife and son agreed. However, his niece and distant family members disagreed and wanted the power to make all future medical decisions for Mr A.

The matter came before the Administrative Decisions Tribunal to determine whether or not the Palliative Care Plan for Mr A was appropriate.

THIS IS NOT LEGAL ADVICE.

CASE: Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477

A de facto spouse is where you are living together as a couple but not married. 

But what happens when a de facto spouse dies without a Will? and the big question that follows on from that is “how do you prove that you are a de facto spouse?”.

The case we are looking at today involves a man who dies without a Will. A woman who claims to be his de facto spouse and therefore entitled to his estate, and his mother who denies that the de facto relationship exists.

THIS IS NOT LEGAL ADVICE.