Claudia Teece

Legal Studies

MEDIA FILE
Criminal Law
Case 1: Published March 27, 2015 by the Sydney Morning Herald
A nightclub owner's son, who sexually assaulted a teenage girl in a Kings Cross alley and
bragged about taking her virginity, has been sentenced to at least three years' jail.
Luke Andrew Lazarus, 23, was sentenced on Friday to a maximum jail term of five years.
District Court Judge Sarah Huggett described the attack as the "spontaneous and
opportunistic" actions of a young man who felt a sense of "power and entitlement" by virtue
of his family's connection to the Soho club.
Dozens of family members and friends who supported Lazarus in the Downing Centre
District Court on Friday gasped and sobbed as Judge Huggett handed down her sentence.
A string of prominent people, including Waverley mayor Sally Betts, the Consulate General
of Greece, Tsambico K Athanasas and South Sydney Rabbitohs rugby league club chairman
Nick Pappas had provided references for Lazarus, unanimously declaring their shock at his
conviction and vying for his good character.
Ms Betts urged the court not to jail Lazarus while the parish priest at the Greek Orthodox
Christian Church of St George, Rose Bay, Father Gerasimos Koutsouras said: "The
possibility of imprisonment is completely undeserved for this promising young man."
But the judge said a full time jail sentence was the only option as she was satisfied Lazarus
didn't "care one way or the other" as to whether the young woman was consenting.
During the hour-long sentencing hearing, his father, Andrew Lazarus, hid his face behind his
hands while, in the dock, his son looked down, repeatedly rubbing his face.
Judge Huggett ordered that Lazarus be referred to mental health professionals from Justice
Health while in custody.
Lazarus, a former Cranbrook student, worked in marketing for beverage giant Lion but
resigned upon his conviction by a jury last month.
He claimed the 18-year-old was a willing participant because she didn't physically resist,
scream or say no.
The court heard that, in the early hours of May 12, 2013, the victim went to the Soho club
on Victoria Street, Potts Point, with a friend after spending the previous hours drinking at her
sister's Sydney home and the nearby World bar. It was her first visit to Kings Cross.

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Lazarus, who worked casually for his father, the part owner of Soho and the Eastern Hotel at
Bondi Junction, approached the woman on the dance floor and told her he owned the club
and invited her to the VIP area.
He led her by the hand to an exit door that opened on to the alley. The couple kissed but she
said she wanted to return to her friend.
As she went to leave, Lazarus pulled her stockings and skirt down and said in aggressive tone,
"Put your f---ing hands on the wall."
He then told her to go down on her hands and knees and to "arch your back".
The victim told the court that she was alone in a dark alley and frightened.
As he anally raped her, she said "I'm a virgin."
After about 10 minutes, he gave her his mobile phone, which had a list of women's names.
He told her to add hers to the bottom of the list.
In cross-examination Lazarus' barrister, Ian Lloyd, QC, suggested the victim's attitude
towards the sexual encounter changed after seeing the list because she felt used or like a
trophy. She denied this was the case.
In a text message to a friend the afternoon after the attack, Lazarus said: "I honestly have zero
recollection of calling you ... Was a sick night took a chick's virginity."
His friend replied: "bahahahaha nice popping does cherries ... "
Lazarus replied: "... it's a pretty gross story tell ya later".
The note section of his phone also contained a list of female names, with his victim's name
appearing at the end of the list.
In a victim impact statement read to the court during sentencing submissions, the victim said
she spent days sitting in a bath after the attack and, in the two years since, had cried until she
"couldn't breathe, crying until I physically couldn't any more".
"I'll never be who I was. I had to rebuild myself with what I had left," she said in the
statement.
"A part of me died that day, the part that trusted others."
Judge Huggett said she was satisfied the victim was scared and intimidated by the power
imbalance between Lazarus and her.
"She had the right to go to Kings Cross, to be intoxicated, to kiss a man. She also had the
right to say she wanted to return to her friend. The offender ignored that."
In his sentencing hearing on Thursday, Lazarus cried as he told the court he once had "the
world at my feet" and "I could have been a CEO."
He said media coverage of the trial and conviction had caused his privileged life to come
crashing down around him. He has been vilified on social media and has been prescribed
antidepressant and sedative medication.

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"My life, at least in Australia, has been completely destroyed and now I have to live the rest of
my life knowing every single person in Australia, or at least Sydney, knows I have been
convicted of a sex offence," he said.
He said he was "shattered, horrified and sickened" after hearing the woman's victim impact
statement.
Judge Huggett accepted Lazarus' offending occurred in the context of a recent break-up with
his American girlfriend, who was not of Greek heritage, sparked by his parents' ultimatum
that he had to choose between her and his family.
He had experienced bullying at school, in part due to his short stature, and he revelled in the
power and entitlement he enjoyed as the club owner's son.
He has also expressed some remorse, claiming he would have "never deliberately hurt her".
But neither the media coverage nor his mental health issues reduced his "moral culpability",
Judge Huggett said.
However, she did acknowledge jail would be more onerous for him than "ordinary" inmates.
In a character reference tendered to the court Lazarus's father Andrew said there has been a
"major backlash" against the Soho nightclub since the Herald reported his son's conviction on
March 8.
He said there has been "a significant decline in patronage" and after 19 years he is going to
sell out.
Mr Lazarus said the family had hoped to keep his eldest son's conviction under wraps. "It was
our intention and hope that the incident could remain quiet to > protect Luke's good
reputation," he said.
"I didn't even inform my mother and sisters as I was acutely aware of how painful this would
be for Luke and all his family and friends."
"Luke had a very bright future and he often discussed his aspirations, commitment and belief
that he one day would be CEO of [food and beverage multinational company] Lion. None of
this is now possible as a registered sex offender."
Mr Lazarus said Luke believes he will need to move overseas and change his name to begin a
new life.
The mayor of Waverley Sally Betts urged the sentencing judge to avoid sentencing Lazarus to
jail. In a written reference Ms Betts said she has known the Lazarus family for many years
and holds them in high esteem. She said she was shocked to learn of his conviction as she
knows him as upstanding member of society.
"The conviction is inconsistent with the gentle well mannered and respectful young man that
I know."
She said the extended Lazarus and Parras families are deeply embarrassed by media coverage
of Luke's conviction. "Luke is suffering greatly as a result of the shame he has bought on his

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family," she said. "I have no hesitating in supporting the whole Lazarus Parras family
including Luke."
The chairman of the South Sydney Rabbitohs rugby league club Dr Nick Pappas said he has
known Luke since he was young. He said: "I have always observed him to be respectful,
courteous and obliging young man who has, on my observation, never displayed even a hint
of unlawfulness in his conduct."
Dr Pappas said publication of the conviction had hit the extended family hard. "These are
people quite unused to the world of our criminal justice system and I know that all of their
friends and acquaintances were in utter disbelief when news of the conviction reached the
media," Dr Pappas said.
"Above all, Luke has also expressed to me his continuing concern for the complainant and for
the anguish she has undoubtedly experienced."
"There is absolutely no doubt in my mind that the personal torment that Luke has suffered
during this period has had a life changing and rehabilitative effect on him and for his reason I
say to you with confidence that I believe that he will never re-offend again."
Lazarus will be eligible for parole in March 2018.
Report:
In this case, 23 year old Luke Lazarus has been found guilty of raping an 18 year old virgin
behind his fathers nightclub. The victim consented to kissing but she told Lazarus she wanted
to return to her friend. The victim made attempts to leave but Lazarus used force and
intimidation in order to force her into the assault, pulling her stockings and skirt down and
telling her aggressively Put your fing hands on the wall.
In determining his sentencing the judge would have considered mental health issues, if he
had previous convictions, and whether or not he was aware the victim was not consenting to
the act.
The judge said she was satisfied that Lazarus did not care whether or not the young woman
was consenting so she decided on a . Lazarus was sentenced to a minimum of three years and
a maximum of five years.
Case 2: Published March 26, 2015 by ABC News
An Adelaide man has been found guilty of murdering a woman whom he had only known for
a few days by strangling her with a belt.
Darren Collins, 36, claimed the death of Jacqueline Franklin in October 2013 happened
accidentally during a sex act.
He pleaded guilty to manslaughter, but was ordered to stand trial for murder when his plea
was rejected by prosecutors.

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Ms Franklin's body was found buried on a property at Stansbury on the Yorke Peninsula two
months after her death.
A belt was found around her neck and she had jaw fractures, chipped teeth, a laceration to
her cheek and damage to her voice box.
Collins was found nearby with a spade and garden fork in his car and was arrested.
He admitted killing Ms Franklin but said it occurred while the pair was engaged in a sex act
known as erotic asphyxiation.
During the trial, he said he did not report her death because he feared he would be tortured
by bikies.
A Supreme Court jury reached the unanimous verdict after four-and-a-half hours of
deliberation.
Collins will be handed a mandatory life sentence, but Justice Ann Vanstone will hear
submissions on his non-parole period tomorrow.
Report:
In this case, 36 year old Darren Collins was found guilty of murdering Jacqueline Franklin.
She had been strangled to death with a belt. Ms Franklin was found buried two months after
her death with a belt around her neck and had jaw fractures, chipped teeth, a laceration to
her cheek and damage to her voice box. Collin pleaded guilty to man slaughter as he said it
was an accident during a sex act but this was rejected by prosecutors.
The judge may have considered in the sentencing that it was an accident, if it was
premeditated, that Collins may have mental health issues (a psychiatrists report) and possibly
Collins antecedents.
Collins in the end had been found guilty of the murder of Jacqueline Franklin and was given
a life sentence and is to be jailed for a minimum of 20 years.

General Law
Case 1: Published March 27, 2015 by SBS News
Food producers will need to show the percentage of imported and local ingredients on labels
in the wake of the recent frozen berries hepatitis A outbreak.
Country of origin labels for processed foods will be mandatory under a plan to be put to
federal cabinet.
Industry Minister Ian Macfarlane has overcome resistance in cabinet to bring in the labels,
which consumer groups say are essential.

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The issue made headlines in the wake of the recent hepatitis A outbreak from Chinese frozen
berries.
A number of federal ministers raised concerns about the extra cost to consumers and
businesses, as well as foreign trade implications, when the issue came up in cabinet on
Monday.
But Mr Macfarlane says he has received the backing of the prime minister and cabinet to go
ahead with a proposal which he will finalise by August.
"While it will be a difficult and complicated process and there will be costs all around,
consumers do have the right to know where their goods are processed and where the makeup
of those goods come from," Mr Macfarlane told ABC radio on Friday.
There was no point in the scheme being a voluntary code, as some sections of industry had
sought, he said.
"There's no point having `Made in Australia from local and imported goods' - that tells
people nothing."
While the information could be put into barcodes which could be read by smartphones, it
should also be visible on labels.
Between now and August, the government will work with food producers and supermarket
chains to test different methods.
Report:
This case is to do with government and consumer law and is about a plan that is to be put to
the federal cabinet to make it mandatory for food producers to show the percentage of
imported and local produce on all their packaging. This is because consumers have raised
many public health issues with imported produce due to the hepatitis A outbreaks that
recently occurred in Australia. In the outbreaks 8 people contracted the disease as the
raspberries that had been imported from China had traces of fecal matter.
It is a legal issue as there are going to be new laws that make it a legal requirement for all
suppliers to now show on their packaging exactly where all produce has been imported from.
Additionally it is an issue because propositions had been put towards ministers before the
outbreak occurred to change labelling laws yet these were ignored.
Case 2: Published March 25 2015 by SBS News
New laws that require asylum seekers to prove their identity, nationality or citizenship have
passed the Senate with Labor amendments.
Asylum seekers will have to prove their identity to secure protection visas under new laws to
tackle fraud.

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But they won't be subject to proposed "flip of a coin" rules that would have granted
protection only if it was more likely than not a person faced danger if sent home.
Labor successfully scrapped that measure in exchange for backing government legislation
after expressing concerns an asylum seeker could be sent home if there was a 49 per cent
chance they could be tortured.
It argued the risk of harm should be assessed as "a real chance" even it was as low as 10 per
cent.
The amended bill places the burden of proof on the asylum seeker to prove their identity,
legally defining the requirement to demonstrate nationality or citizenship - or at least have
tried to.
Assistant immigration minister Michaelia Cash argued the bill would crack down on fraud
and streamline visa processes to reduce costs.
A person who wanted protection would be obliged to show good faith and honestly state their
case, she said.
But the Australian Greens say that ignores the realities of people seeking protection because it
assumed they were fully aware of the complex nature of Australia's migration system.
"The fact is, when fleeing from an oppressive regime, refugees often have to use fake
documents," Greens Senator Sarah Hanson-Young said on Wednesday.
Report:
This case has to do with International law and also possibly Human Rights laws. It is about
the passing of a bill concerning asylum seekers and they must now provide sufficient proof of
their identity, nationality or citizenship in order for them to enter Australia and secure
protection visas. This raises many issues however as refugees may not be able to provide this
sufficient proof or do not know this about the migration system in Australia and then can be
sent back to their home country where they could be at serious risk.
This is a legal issue as it is about the passing of a bill that has introduced new fraud laws.
Case 3: Published March 23, 2015 by ABC News
Harsher penalties for greyhound trainers caught using live animals as lures will be introduced
by the South Australian Government, following revelations the practice was being used in the
eastern states.
An investigation by the ABC's Four Corners left Australia's greyhound racing industry in
turmoil after the program showed footage of live piglets, possums and rabbits being fixed to
mechanical lures and catapulted around tracks while being chased, and eventually killed, by
dogs.

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Stricter measures include creating new offences for participation in live baiting which will
mirror current offences relating to organised animal fights such as cock and dog fighting.
There will also be an increase in maximum penalties for breaches of the new laws including
fines of up to $50,000 or four years' jail.
Live baiting is already illegal in South Australia but Environment Minister Ian Hunter said
some of the associated activities were not.
He said the laws would be tightened to keep the practice out of the state.
"The footage shocked me. It shocked the community. If people think they can get away with
this sort of behaviour, they had better think again," Mr Hunter said.
"Live baiting is already illegal, but the associated activities, such as supplying the animals to
be the bait, providing the venue, or being present at one of these 'training' sessions are not.
"These amendments will tighten the screws on this criminal behaviour."
The measures complement steps also being taken by the RSCPA and Greyhound Racing SA,
which will include additional animal welfare and compliance staff, significantly increasing the
inspection rate of premises, new aerial drone surveillance, and surveillance cameras at private
racing facilities, trial tracks and registered tracks.
Greyhound Racing SA will also introduce new rules around the prohibition and compulsory
reporting of live baiting and will make it compulsory for registered participants to disclose all
private racing facilities.
Protocols to inspect greyhound facilities without notice will also be introduced.
Racing Minister Leon Bignell said it was terrific to see animal welfare groups and the racing
industry working together so closely.
"I am pleased the GRSA (Greyhound Racing SA) has reviewed the rules of racing and, along
with the RSPCA, have agreed to work closely together to ensure live baiting does not occur in
South Australia," he said.
"While the Four Corners program did not show any greyhound trainer in South Australia
using these methods, we need to work together to design measures to provide assurances the
disgusting practice does not occur here.
Report:
This case is about enforcing live-baiting laws in South Australia and has to do with state
government law. It was evident that the grey hound industry had been using live piglets,
possums and rabbits as bait and they would be chased around tracks and killed by the dogs.
There is already laws against live baiting in South Australia so they will be tightened in order
to prevent this behaviour in order to have welfare for animals. There will now be harsher
penalties for those breaking these laws including an increase in maximum jail sentences and
fines of $50,000 and also an increase in inspections and surveillance.

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This is a legal issue because there has been a change in the state laws and also harsher
penalties put in place for those breaking the laws.

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