Over half of canine chunk accidents happen at dwelling with acquainted canine and having a dog in the family is linked to a better likelihood of being bitten than not having a dog. During his preliminary retirement beginning in 2004, Siffredi battled sex addiction and disappeared from residence for days to have intercourse, including with trans ladies, seniors, and men. Such an software to deal with the supposed procedural unfairness to a witness, by a witness, wouldn’t, obviously enough, have been an application underneath s forty six EA, however there would have been ample energy to make an order facilitating that course if I used to be satisfied it was essential to assure fairness: see s 11 EA. But even so, to make doubly sure, as Annexure E signifies, given Ms Higgins herself has now raised some extent about procedural unfairness, notwithstanding: (a) the background set out above; (b) the opposite issues in Annexure E; and (c) the appearance of her representatives on 7 December 2023 when the settlement between the parties was announced, I allowed Ms Higgins the chance of making an software to seek to defer judgment to permit her to be recalled to give evidence if she so wished.
But I accept Ms Brown’s evidence of her circumspection was given genuinely, and this mirrored what the contemporaneous document demonstrates was her guarded personality and careful, even pedantic, approach. 247 I’ll go into further element as to this matter beneath, but it suffices for current purposes to notice that regardless of her evidence before me, I consider it unlikely there might be real confusion in Ms Higgins’ recollection as to how she bought the bruise recorded within the bruise photograph given the way she and Mr Sharaz deployed it in 2021 and their subjective understanding of its significance. Given what occurred at trial, there isn’t any foundation to contend inter partes that there is any fetter upon Mr Lehrmann making the submissions he now advances (and none is instructed to arise). If you are accustomed to going out an awesome deal, hardly ever spending a weekend night at residence, you could now want to spend quiet evenings by the fireplace. At this time, Ms Higgins was sending Mr Sharaz “previous audio”, and Ms Higgins said, “I’m cleaning out my phone ahead of the police” (T909.30).
It might have come from falling up the steps, however I accepted that during the criminal trial, but at the time, I was 100 per cent offered on the – offered – that I – I thought it was because I used to be in pain when he was raping me, however due to the criminal trial, I’ve had to just accept that I do not 100 per cent know it was from the assault. Any inconsistent or unfaithful representations in 2019 are not inconsistent with the conduct of a real victim of sexual assault struggling to course of what happened, in search of to cope, and working through her options. They’re of such significance that I reproduce them as Annexure B to these causes, and that i find that to the extent they record the dealings of Ms Brown, they’re correct and reliable. They are, like in so many instances where there may be an honest and careful observe taker, the most effective file of the dealings they document, slightly than later recollections. 275 The attempts in cross-examination to impeach the integrity of Ms Brown’s contemporaneous notice taking went nowhere. About his figure I had already detected a certain observe of distinction, of nervous briskness, which directly lifted him above the place of the anemic street-adventurer.
I have no doubt that if apprised of the knowledge recognized above, many in her place would have concluded that sex had taken place with a query mark hovering over consent. You knew the knowledge that had previously been conveyed to you: young people, intoxicated, come again by themselves to an workplace, drinking whisky, somebody wakes up naked. In fairness acknowledging the way in which that someone rightly or wrongly may really feel. 14 December 2018 (‘Extreme pornography’ conviction) Prudish censorship assaults once more in the UK, convicting someone for possessing “excessive pornography”, including photographs of sex with animals. The head of the cartel is placed on trial and is headed for a near certain conviction. Despite initially urgent the appliance to set aside the subpoena issued on the application of Mr Lehrmann, after I indicated I would make some accommodations to satisfy the problems recognized in medical proof put earlier than the Court on behalf of Ms Brown, the appliance was not pressed. I set aside the Network Ten subpoena (as I used to be knowledgeable that Network Ten didn’t now suggest to name Ms Brown of their case). First, no utility had been made for an advance ruling in accordance with s 192A EA and, within the circumstances, I used to be not disposed to provide discover till a document of the sort indicated was tendered; secondly, as I had already explained, I wanted all relevant issues to be dealt with in open courtroom; thirdly, a subpoena ad testificandum is an order, in phrases, requiring a third get together to seem before the Court at a specified time and place, and the order stays in force until put aside by the Court; and fourthly, if an software to put aside the subpoena was to be made, it needs to be made on correct evidence, in an orthodox method and decided in Court.