NEWS Joan Taufua charged with manslaughter

[Kaz]

Her lawyer is Leigh Johnson, she was the lawyer for one of the Anita Cobby killers Gary Murphy.

 

[Broncosgirl]

You can be charged and convicted of both Manslaughter and Dangerous Operation of a motor vehicle causing death, in Qld they are not alternative charges, IIRC. The jury could find not guilty of Manslaughter but guilty of Dangerous Op but that is based on sufficiency of evidence for each charge, they don’t get to ‘choose’ between those offences, unlike for instance murder or manslaughter. The reasoning is in why you can be convicted of both. Manslaughter requires proof beyond a reasonable doubt that person A killed person B. Dangerous Op. MV requires proof beyond a reasonable doubt that the dangerous operation of a motor vehicle by person A. killed ‘someone’ it’s not necessary to particularise a particular person, only that those acts or omissions killed ‘someone’.

The Mental Health Court can’t dismiss a case they can merely stay it, recommending a mental health assessment or a referral under an existing treatment authority, prior to any trial. That is not something that happens regularly particularly in a serious case and when it does it usually means the mental health of the defendant is deemed to be so acute and their capacity diminished to the point where they cannot consent to mental health treatment and are a serious risk of harm to themselves or others. That situation has to remain on-going or they will be returned to custody to face trial again under s.613 of the Code.

That the matter has been adjourned until 11 January 2023 for a bail application, suggests that the defendant’s mental health is not so acute that she requires that referral, though of course it could decline and she hasn’t pursued that path just yet.

That she was imprisoned and released on parole in late October also suggests that may be a difficult argument to mount. There were no acute mental health concerns noted when she exited prison on her parole release date, for example…

In any case it is not a get out of jail free card. Bianca Girven’s murderer - Rhys Austin was declared to be unfit for trial in 2010 by reason of mental health, in the highest profile such instance I am personally aware of. He was in custody for 2 years prior to that point and is still in a forensic psychiatric facility today. So closing in on 15 years in custody. As he should be.

“Supernatural ninjas” my arse….

A person who intentionally kills a person by using a motor vehicle can be charged with murder. The mandatory penalty for murder is life imprisonment. A person who drives a motor vehicle in a criminally negligent way and causes the death of another person can face a manslaughter charge (ss 300, 302, 303 Criminal Code Act 1899 (Qld) (Criminal Code)). Criminal negligence means more than a mere failure to take reasonable care. It means a high degree of carelessness or recklessness showing a disregard for the life and safety of others. The maximum penalty is life imprisonment.

Charges of manslaughter arising from the driving of a motor vehicle are usually reserved for the worst categories of driving. Dangerous driving causing death is the more common charge. In these circumstances it is open to the jury hearing a manslaughter charge to convict of the lesser offence of dangerous operation of a vehicle causing death (s 328B Criminal Code).

 

[Broncosgirl]

Probably but it would be good to know the actual victims are in their thoughts.

In most cases, the lawyer would advise not to offer that kind of financial support, as it could be construed as an admission of guilt.

 

[holdzy]

In most cases, the lawyer would advise not to offer that kind of financial support, as it could be construed as an admission of guilt.

Just an anonymous donation to the gofundme would be fine. Naturally it’s not the type of thing that you publicise. If the Haas family are made aware of it I hope they contribute is all, even with lawyer fee considerations.

 

[Accept]

Can't seem to find the video .. please could you link me?

I can't send the link because I am shitty at that sort of thing. Check out 9 News Queensland's Twitter page. You'll find it there.

 

[Broncosgirl]

I can't send the link because I am shitty at that sort of thing. Check out 9 News Queensland's Twitter page. You'll find it there.

Yea, thanks so much, I found it over on TMBB page :)

 

[Accept]

Just an anonymous donation to the gofundme would be fine. Naturally it’s not the type of thing that you publicise. If the Haas family are made aware of it I hope they contribute is all, even with lawyer fee considerations.

How much spare cash do you think they have lying around? He supports his whole clan. He has a burnt out 200K SUV in which he will receive **** all insurance. They will be sued by the other parties insurance co. not to mention other possible lawsuits.

Her legal team probably charges $2000 bucks per hour. He's taking a leave of absence which may affect his rate of pay. He may have to sell his home.

Making a sizeable Go Fund Me donation probably isn't a wise option right now.

 

[ningnangnong]

 

[holdzy]

How much spare cash do you think they have lying around? He supports his whole clan. He has a burnt out 200K SUV in which he will receive **** all insurance. They will be sued by the other parties insurance co. not to mention other possible lawsuits.

Her legal team probably charges $2000 bucks per hour. He's taking a leave of absence which may affect his rate of pay. He may have to sell his home.

Making a sizeable Go Fund Me donation probably isn't a wise option right now.

I didn’t say sizeable did I?

But perhaps not saying anything stupid on social media would be sufficient charity from that family eh?

 

[Mum-the-meatloaf]

Anyone reckon Uncle Nick makes a big donation to the go fund me.

 

[Kimlo]

Anyone reckon Uncle Nick makes a big donation to the go fund me.

No, why would he?

 

[Jason Simmons]

No, why would he?

In support of Payne and his possible transfer…

 

[Foordy]

they made sure they got their obligatory reference to Payne and the Broncos in that report

 

[Kimlo]

In support of Payne and his possible transfer…

Don't see how donating to the victim's gofundme is a valid tactic for Nick.

 

[Swordfish]

In support of Payne and his possible transfer…

Giving brown paper money bags to Payne would be more enticing than donating to GoFundMe page. And it is a tactic of Uncle Nick & he has never wrong with that tactic.
Payne could very well those bags to God knows how hefty the legal bills would be.

 

[007]

I would not be surprised if Haas needs to take extended leave and or walks away from his contract. This is going to have a huge impact on his life.

 

[Culhwch]

It's pretty incredible how Haas ended up being a relatively normal guy with the type of family he grew up with. He might as well chase as much money as he can, he'll have to take care of these nutjobs for many years after he retires.

Does anyone know if she has an actual job at all, or does she just mooch off her kids full-time?

I know she has a long and storied history of being a scumbag, but I do wonder if she's gained a sense of (unearned) entitlement over the past five or so years with her son's success. Would things be different if she still had to support herself and her family, instead of the other way around?

 

[Renegade]

What's his dad like? Could be wrong but it just seems like it's the mother that's always in the spotlight.