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ARTICLE · 03 MAY 2020

Pell decision shows the legal system Is working, but - it is not the right system

The High Court was correct in its application of the law regarding George Pell, but - does the law need to change?

AustraliaLitigation, Mediation & Arbitration

In freeing George Pell, the High Court did not change the law. It did not render jury trials meaningless. That is so, whether you agree or disagree with the factual conclusion it reached after imposing its own opinion about the evidence in place of the jury's in Pell's trial.

The court did, however, plant a flag firmly in the sand. Its emphatic declaration, made with the full force of seven judge unanimity, was this: the criminal law of Australia makes no special allowances for allegations of historical sexual violence against children. Sexual violence, whenever it happened, however frequently and insidiously and whoever were its victims, will be treated no differently from any other category of crime.

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