Anger over sentence appeal for 'war zone' attack on former Wallaby and his family
Your web browser is no longer supported. To improve your experience update it here BREAKING Major Sydney tunnel closed after crane truck rolls over A neighbour who helped stop a horror attack on a former Wallabies star's family wants the justice system overhauled after an appeal over the teen offenders' "inadequate" sentence failed. Ben Cannon came to the aid of Toutai Kefu and his family when they were attacked by two 15-year-old boys in August 2021, in a Brisbane home invasion that resembled a "war zone". The former Australian and Queensland Reds rugby player suffered a "life-threatening" 25mm liver wound, his wife Rachel remains partially disabled after being cut to the bone by a sickle and two of their children were injured. The former Australian and Queensland Reds rugby player suffered a "life threatening" 25mm liver wound, his wife Rachel remains partially disabled after being cut to the bone by a sickle and two of their children were injured. (9News) Cannon tackled one teen and pinned him until police arrived. One boy was sentenced to eight years and the other seven after pleading guilty to charges including malicious act with intent. They were only required to serve 50 per cent of their sentences and did not have convictions recorded. Then attorney-general Yvette D'Ath launched an appeal in 2024 against the "manifestly inadequate" sentences. But the Court of Appeal today dismissed it after the state failed to prove the sentences were inadequate. Cannon said it was shocking, but not surprising. Toutai Kefu and his family were attacked in their Brisbane home. (Today) "The news in a sad way, it's not unexpected," he said. "It seems like the system has more tolerance for injustice than it does for justice and it seems to always favour those who commit the crimes." The attorney-general needed to persuade the appeal judges the sentences were disproportionate to the offending. But counsel failed to put forward any comparable cases to provide a yardstick of the appropriate sentencing range, the appeal judges said. Broadly comparable cases show under 10 years imprisonment was "not out of the range" of sentences that could have been imposed, the appeal judges ruled. The state government had argued the period of detention ordered for the boys was also manifestly inadequate. Toutai Kefu in action for the Wallabies in Brisbane in 2003. (Getty) The sentencing judge had said the teens' lack of criminal history, rehabilitation efforts and personal circumstances led him to reduce the period of detention from 70 per cent to 50 per cent. But the appeal judges found the attorney-general failed to establish the sentencing judge made an error in his decision-making. In not recording a conviction, the sentencing judge used his discretion to consider the nature of the offence, the teen's age, previous convictions and whether it would impact the chance of rehabilitation or employment. The sentencing judge had said the teens' lack of criminal history, rehabilitation efforts and personal circumstances led him to reduce the period of detention from 70 per cent to 50 per cent. (Nine) The attorney-general needed to establish that the judge was unreasonable and had argued that convictions should have been recorded to reflect the gravity of the offending. Again, the appeal judges dismissed this, standing by the principle that children are entitled to the benefit of not having a conviction recorded to assist with their rehabilitation. Cannon said the decision had put a fire in his belly and would inspire him to do more with his advocacy group, Voice for Victims. "This shows the system needs a total upheaval," he said. "We need a system that understands that unless we catch these kids earlier and we steer them in a different direction ... then we will end up with more and more victims." Asked whether there would have been different sentences if the Liberal National government's landmark "adult crime, adult time" laws introduced last year had been in effect, Cannon was sceptical. He said many legal experts - including judges - seemed to be lost in what the "adult crime, adult time" sentencing provisions actually mean. "Justice shouldn't be grey. It should be black and white," he said. crime
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Perth Now
2 hours ago
- Perth Now
Mushroom cook admits lie to husband
Alleged triple-murderer Erin Patterson has given evidence she lied and exaggerated to her estranged husband because she was 'hurt' he declined an invitation to the deadly lunch. Ms Patterson, 50, is facing trial accused of murdering Simon Patterson's parents and aunt and the attempted murder of his uncle after the four guests fell critically ill following a lunch at her Leongatha home on July 29, 2023. She has pleaded not guilty, with her defence arguing the case was not deliberate poisoning but a tragic accident. Taking the stand following the closure of the prosecution case this week, Ms Patterson was asked by her barrister Colin Mandy SC about a message exchange with her husband. Erin Patterson has pleaded not guilty to three counts of murder and one count of attempted murder. 9News Credit: Supplied Earlier in the trial, the jury was told the pair separated in 2015 but remained amicable as they continued to co-parent their two children. Reading the messages, Mr Mandy said the evening before the lunch Simon Patterson declined an invitation he'd earlier agreed to. 'Sorry, I feel too uncomfortable about coming to the lunch with you, mum, dad, Heather & Ian tomorrow, but am happy to talk about your health and implications of that at another time if you'd like to discuss on the phone. Just let me know,' the message read. Ms Patterson responded saying; 'That's really disappointing. I've spent many hours this week preparing lunch for tomorrow which has been exhausting in light of the issues I'm facing and spent a small fortune on beef eye fillet to make beef Wellingtons because I wanted it to be a special meal as I may not be able to host a lunch like this again for some time.' 'It's important to me that you're all there tomorrow and that I can have the conversations that I need to have. I hope you'll change your mind. Your parents and Heather and Ian are coming at 12.30. I hope to see you there.' Simon Patterson gave evidence earlier in the trial. NewsWire / David Geraghty Credit: News Corp Australia Asked about her reaction, Ms Patterson told the jury she felt a bit hurt and a bit stressed by Simon's message. Questioned by Mr Mandy if the reply was true, she said: 'Apart from the fact that I'd spent a small fortune on beef eye fillet and I wanted it to be special, the rest was exaggeration.' She told the court she exaggerated because she wanted him to attend so she could discuss an upcoming medical procedure, specifically about sorting out plans for the care of their son and daughter. Earlier in the day, Ms Patterson told the jury she had misled Simon's parents, Don and Gail Patterson, about needing a series of tests on a lump on her elbow. She said earlier the same year she had a lump but it resolved itself and she was planning to use it as a cover to get gastric bypass surgery. 'I had come to the conclusion that I wanted to do something, for once and for all about my weight and my poor eating habits. So I was planning to have gastric bypass surgery and so I remember thinking I didn't want to tell anybody what I was going to have done,' she said. 'I was really embarrassed about it, so I thought perhaps letting them believe I had some serious issue that needed treatment might mean they'd be able to help me with the logistics around the kids and I wouldn't have to tell them the real reason.' Don and Gail Patterson died a day apart in early August. Supplied Credit: Supplied The jury was shown a series of messages between Ms Patterson and Gail Patterson over a few weeks in June where she kept up the charade, writing to her mother-in-law that she was waiting for the results of a biopsy and then needing an MRI. Asked 'were those lies?' by Mr Mandy, Ms Patterson confirmed 'yes'. 'They had shown quite a lot of care about that, which felt really nice... I didn't want their care of me to stop, so I just kept it going. I shouldn't have done it,' she said. Ms Patterson told the court she 'shouldn't have' said those things to Simon but wanted him to feel bad about cancelling at the last minute. Asked by her barrister whether it was true when she said she'd spent 'many hours' preparing for the lunch, the accused woman confirmed it was not. 'I didn't do any preparing other than shopping and researching the recipe, so I guess the answer to your question is, no, it wasn't true,' she said. 'I didn't mean to do any of that. I shouldn't have done any of that, but that's what I was thinking at the time.' Ms Patterson is expected to return to the witness box on Thursday. NewsWire / Paul Tyquin Credit: News Corp Australia Don and Gail Patterson and Gail's sister Heather Wilkinson died in early August 2023 from organ failure linked to death cap mushroom poisoning. Heather's husband Ian Wilkinson recovered after about a month and a half in hospital. Ms Patterson is expected to return to the witness box on Thursday, where Mr Mandy told the jury he had about 15 minutes more of questions, before she is turned over to the prosecution to question. The trial continues.

Sydney Morning Herald
3 hours ago
- Sydney Morning Herald
How a Lord of the Rings star ended up stranded in Tasmania
When Charlie Vickers steps onto the set of the multimillion-dollar The Lord of the Rings: The Rings of Power as the evil Sauron, it's usually after he has spent several hours in hair and make-up, where a long blond wig and a pair of pointy ears are attached and he's been kitted out in a black suit of armour. He then stands in front of a green screen, conjuring up Middle-earth or whatever fantasy element is part of that day's story (orcs, elves etc), and utters lines such as, 'Whether or not his repentance in the Second Age was genuine, he chose to do evil again.' For The Survivors, the six-part Tasmanian murder mystery adapted from Jane Harper's 2020 novel of the same name, it was an altogether different (and much less expensive) story. Think boardies, thongs and a baby mullet. 'I can just rock up to work,' admits a cheery Vickers over Zoom from his home in London. 'I can just drive my own car to the set, get out and walk into the make-up truck. Whereas on Lord of the Rings, you're having to scan a pass, and then someone else scans another pass, and it's a very different experience.' Loading Despite being Melbourne born and bred, The Survivors is only the 32-year-old's third production in Australia, after the film Palm Beach and the TV series The Lost Flowers of Alice Hart. Unlike many Australian actors of his age, he didn't follow the usual path of Neighbours or Home and Away. Instead, he was accepted into London's prestigious Royal Central School of Speech and Drama, which meant he bypassed the local scene and landed, almost instantly, in the big time. 'I watched Neighbours religiously with my mum every night,' he says. 'Like, 6.30 it was The Simpsons on Channel 10 and then Neighbours. That's why I want to work more and more in Australia because you just inherently feel the connection to Australian stories, and because there's so much familiarity in these stories. 'There was a joy coming up in England, but actually, I genuinely wouldn't change that. The fact that I could go and watch Ian McKellen and Patrick Stewart in the West End on a Wednesday night, that kind of thing you only get in London. But I certainly missed how quintessentially Australian a lot of Australian projects are.' He made it his mission to seek out Australian projects that he could film between seasons of The Lord of the Rings, and it was while he was on holiday that The Survivors came knocking. Loading 'I was coming back to Melbourne with my wife and my then, maybe, eight-month-old baby,' he says. 'And I got this meeting for a character returning to his coastal hometown with his four-month-old and his wife. And I was like, 'Well, I can't not throw my hat in the ring for this. This is eerily similar.'' The baby thing, by the way, is why he is so at ease as a young dad in The Survivors. 'Yes,' he says, laughing. 'Lots of bouncing.' Written and executive produced by Tony Ayres, The Survivors follows Kieran Elliot (Vickers), who returns with his partner and child to his small coastal Tasmanian hometown of Evelyn Bay, 15 years after two young men drowned, and a teenage girl disappeared on the same day. Kieran's relationship with his parents – and the community – is still fractured, so when a woman's body washes up on the beach, old wounds reopen in a town that is not quite ready to forgive or forget. 'He's a man who has lived with, and is always living with, the grief of his past,' says Vickers of his character. 'He's been through a really traumatic event at a seminal moment of his life, and he has forever lived with the repercussions of it. Not run away from it, but tried to start afresh. And he is then thrust back into a lot of the trauma of his past, and has to deal with a lot of unresolved emotion and a lot of unresolved pain.' For Ayres, a prolific film and TV writer, director and producer, with credits such as The Slap, Stateless and Nowhere Boys to his name, he knew Vickers had the role as soon as he walked into the audition. 'The director Cherie Nowlan and I were doing auditions in Melbourne, and as soon as Charlie walked into the room, we just looked at each other and we knew,' says Ayres. 'We both knew at exactly the same time. '[The character] Kieran is not an alpha male. He's actually a good, decent person. And Charlie is such a good, decent human being – I mean, he's a wonderful actor as well – but there was something so essentially Charlie in Kieran and Kieran in Charlie, that it just became like, 'Oh, well, it's a no-brainer. Clearly this is the guy who was meant to play this role.' Charlie is a very fine, nuanced, detailed actor and he has genuine emotional range.' Although Kieran sits at the centre of the story, Ayers was also drawn to the women in Harper's book. 'There's a monologue that Bronte's mother gives in the book, and it is so powerful and sensational and speaks to an anger that mothers feel at these unconscionable losses,' says Ayers. 'And it reminded me of Women of Troy, something at the scale of Greek tragedy.' Loading Ayers was also mindful to not create another murder mystery where women are overwhelmingly both the victim and the source of entertainment. 'If you're going to do it, then you have to do it in a way which respects the woman who died,' he says. 'The last thing we wanted to do was make a piece that was about a dead woman as entertainment. Certainly, that wasn't Jane's intention in the book, and certainly that wasn't our intention in making the TV series. 'We wanted to be part of a bigger conversation, which I think we need to have as a society about gendered roles and the limitations and constrictions of what it might mean to be a man or a woman and how we might look at ways of broadening that so we don't push people to the most extreme and violent situations.' What also makes The Survivors stand out is that while it features a well-known older cast – Robyn Malcolm, Damien Garvey, Catherine McClements, Martin Sacks and Don Hany – most of the younger cast are relatively unknown or, like Vickers, have worked overseas more than they have in Australia. Yerin Ha, for example, who plays Kieran's partner Mia, has been cast as one of the leads in the next season of Bridgerton, but her local work is limited. 'We had early 30s and late 50s as the two key demographics,' says Ayres. 'So when you're casting those demographics … the famous names that we have in Australia tend to be in their early 50s. And that's the most recognisable talent pool, and we don't have as many names who are younger at the moment.' Loading Ayres thinks the reason many younger local actors are struggling to find recognition is the lack of feature films being made in Australia and then, conversely, the sheer amount of TV being made in general. 'The world that we live in is so noisy, there's so many shows,' says Ayres. 'It's harder for a show to break out. And unless a show breaks out, the actors don't become stars. Interestingly, I think we're seeing more stars coming from TV now – happily, Murray Bartlett came out of season one of The White Lotus – but there are relatively few breakout TV shows.'

The Age
3 hours ago
- The Age
How a Lord of the Rings star ended up stranded in Tasmania
When Charlie Vickers steps onto the set of the multimillion-dollar The Lord of the Rings: The Rings of Power as the evil Sauron, it's usually after he has spent several hours in hair and make-up, where a long blond wig and a pair of pointy ears are attached and he's been kitted out in a black suit of armour. He then stands in front of a green screen, conjuring up Middle-earth or whatever fantasy element is part of that day's story (orcs, elves etc), and utters lines such as, 'Whether or not his repentance in the Second Age was genuine, he chose to do evil again.' For The Survivors, the six-part Tasmanian murder mystery adapted from Jane Harper's 2020 novel of the same name, it was an altogether different (and much less expensive) story. Think boardies, thongs and a baby mullet. 'I can just rock up to work,' admits a cheery Vickers over Zoom from his home in London. 'I can just drive my own car to the set, get out and walk into the make-up truck. Whereas on Lord of the Rings, you're having to scan a pass, and then someone else scans another pass, and it's a very different experience.' Loading Despite being Melbourne born and bred, The Survivors is only the 32-year-old's third production in Australia, after the film Palm Beach and the TV series The Lost Flowers of Alice Hart. Unlike many Australian actors of his age, he didn't follow the usual path of Neighbours or Home and Away. Instead, he was accepted into London's prestigious Royal Central School of Speech and Drama, which meant he bypassed the local scene and landed, almost instantly, in the big time. 'I watched Neighbours religiously with my mum every night,' he says. 'Like, 6.30 it was The Simpsons on Channel 10 and then Neighbours. That's why I want to work more and more in Australia because you just inherently feel the connection to Australian stories, and because there's so much familiarity in these stories. 'There was a joy coming up in England, but actually, I genuinely wouldn't change that. The fact that I could go and watch Ian McKellen and Patrick Stewart in the West End on a Wednesday night, that kind of thing you only get in London. But I certainly missed how quintessentially Australian a lot of Australian projects are.' He made it his mission to seek out Australian projects that he could film between seasons of The Lord of the Rings, and it was while he was on holiday that The Survivors came knocking. Loading 'I was coming back to Melbourne with my wife and my then, maybe, eight-month-old baby,' he says. 'And I got this meeting for a character returning to his coastal hometown with his four-month-old and his wife. And I was like, 'Well, I can't not throw my hat in the ring for this. This is eerily similar.'' The baby thing, by the way, is why he is so at ease as a young dad in The Survivors. 'Yes,' he says, laughing. 'Lots of bouncing.' Written and executive produced by Tony Ayres, The Survivors follows Kieran Elliot (Vickers), who returns with his partner and child to his small coastal Tasmanian hometown of Evelyn Bay, 15 years after two young men drowned, and a teenage girl disappeared on the same day. Kieran's relationship with his parents – and the community – is still fractured, so when a woman's body washes up on the beach, old wounds reopen in a town that is not quite ready to forgive or forget. 'He's a man who has lived with, and is always living with, the grief of his past,' says Vickers of his character. 'He's been through a really traumatic event at a seminal moment of his life, and he has forever lived with the repercussions of it. Not run away from it, but tried to start afresh. And he is then thrust back into a lot of the trauma of his past, and has to deal with a lot of unresolved emotion and a lot of unresolved pain.' For Ayres, a prolific film and TV writer, director and producer, with credits such as The Slap, Stateless and Nowhere Boys to his name, he knew Vickers had the role as soon as he walked into the audition. 'The director Cherie Nowlan and I were doing auditions in Melbourne, and as soon as Charlie walked into the room, we just looked at each other and we knew,' says Ayres. 'We both knew at exactly the same time. '[The character] Kieran is not an alpha male. He's actually a good, decent person. And Charlie is such a good, decent human being – I mean, he's a wonderful actor as well – but there was something so essentially Charlie in Kieran and Kieran in Charlie, that it just became like, 'Oh, well, it's a no-brainer. Clearly this is the guy who was meant to play this role.' Charlie is a very fine, nuanced, detailed actor and he has genuine emotional range.' Although Kieran sits at the centre of the story, Ayers was also drawn to the women in Harper's book. 'There's a monologue that Bronte's mother gives in the book, and it is so powerful and sensational and speaks to an anger that mothers feel at these unconscionable losses,' says Ayers. 'And it reminded me of Women of Troy, something at the scale of Greek tragedy.' Loading Ayers was also mindful to not create another murder mystery where women are overwhelmingly both the victim and the source of entertainment. 'If you're going to do it, then you have to do it in a way which respects the woman who died,' he says. 'The last thing we wanted to do was make a piece that was about a dead woman as entertainment. Certainly, that wasn't Jane's intention in the book, and certainly that wasn't our intention in making the TV series. 'We wanted to be part of a bigger conversation, which I think we need to have as a society about gendered roles and the limitations and constrictions of what it might mean to be a man or a woman and how we might look at ways of broadening that so we don't push people to the most extreme and violent situations.' What also makes The Survivors stand out is that while it features a well-known older cast – Robyn Malcolm, Damien Garvey, Catherine McClements, Martin Sacks and Don Hany – most of the younger cast are relatively unknown or, like Vickers, have worked overseas more than they have in Australia. Yerin Ha, for example, who plays Kieran's partner Mia, has been cast as one of the leads in the next season of Bridgerton, but her local work is limited. 'We had early 30s and late 50s as the two key demographics,' says Ayres. 'So when you're casting those demographics … the famous names that we have in Australia tend to be in their early 50s. And that's the most recognisable talent pool, and we don't have as many names who are younger at the moment.' Loading Ayres thinks the reason many younger local actors are struggling to find recognition is the lack of feature films being made in Australia and then, conversely, the sheer amount of TV being made in general. 'The world that we live in is so noisy, there's so many shows,' says Ayres. 'It's harder for a show to break out. And unless a show breaks out, the actors don't become stars. Interestingly, I think we're seeing more stars coming from TV now – happily, Murray Bartlett came out of season one of The White Lotus – but there are relatively few breakout TV shows.'