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James Glissan

👤 Speaker
637 total appearances

Appearances Over Time

Podcast Appearances

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

This has to be beyond a reasonable doubt.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

And the courts have been very careful to not read too much into what that phrase means.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Now, it's the highest test that we have in our system in terms of what you are required to do to prove something.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

But if you break the words down, it kind of brings light to it by itself.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

If there is a reasonable doubt...

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

then you can't find them guilty.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

I knew you were going to ask that question.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Okay, what are the guidelines around it?

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

What would the judge be saying to the jury?

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Yeah.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Okay.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So that's a great question.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So when we're talking about these things, it's not necessarily left up to the jury to interpret it themselves.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

No.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

The judge will give them directions as to whether or not, or rather how to apply the test when it comes to issues of law.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

It's up to the jury to decide what happened and what didn't happen, but it's up to the judge to make sure that the law is being complied with really.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

Yeah.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So when you're looking at a reasonable doubt, the simplest, most easy way to understand it is if you have a thought in your mind, just the tiniest little doubt in your mind, and it's possible that that doubt is true, then you must find them not guilty.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

And that extends.

Straight Talk with Mark Bouris
Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On

So without going into a full legal lecture, which I promised I wouldn't do, when you have somebody who then brings their own case, because remember, Ben doesn't have to say anything.