Law Report
How should the justice system respond when a judge commits a crime?
Nov 26, 2024
Gabrielle Appleby, an expert in judicial independence, and Marilyn McMahon, Dean of Law and a specialist in coercive control laws, dive into the fallout from Tasmanian Supreme Court Justice Gregory Geason's conviction for assault and emotional abuse. They discuss the delicate balance between judicial accountability and independence, calling for reforms to boost public trust. The conversation also addresses the rising prevalence of emotional abuse, the legal challenges of coercive control, and the need for dedicated offenses to better protect victims.
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Quick takeaways
- The resignation of Justice Gregory Gieson after his conviction highlights the urgent need for clear mechanisms for judicial accountability in Australia.
- The ongoing discussion on coercive control legislation underscores the importance of recognizing non-physical forms of domestic violence within the judicial system.
Deep dives
Judicial Misconduct and Resignation
Tasmanian Supreme Court Justice Gregory Gieson was found guilty of assault and emotional abuse, leading to his resignation. The assault involved a serious incident where he physically harmed his former partner, resulting in her concussion. Gieson’s actions included a pattern of coercive behavior characterized as emotional abuse that spanned several months. This situation sparked significant discourse regarding the judicial accountability process, particularly the absence of a clear mechanism for suspending or removing judges in Tasmania.
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