Case Profile Kathleen Folbigg - case study assignment PDF

Title Case Profile Kathleen Folbigg - case study assignment
Course Managing offenders in the community
Institution Western Sydney University
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File Size 62.3 KB
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Summary

Case of Kathleen Folbigg for the case study assignment...


Description

Case study profile: Kathleen Folbigg Background: Kathleen Folbigg was born 14th June 1967 and was 18 months old when her biological father, murdered her mother, by stabbing her twenty-four times. Her father was arrested on the day after the murder and served 15 years in prison prior to being deported. Folbigg was made a ward of the state and placed into foster care with a couple. She was removed from their care and placed into Bidura Children's Home when she was 3 years old. Two months later, Folbigg moved into a permanent foster care placement. This arrangement remained until she was a young adult, she left school at age 15 and and married Craig Gibson Folbigg in 1987. Inquiry into the convictions of Kathleen Megan Folbigg: In 2003, Kathleen Folbigg was found guilty by a jury of offences relating to the deaths of her four children; Caleb in 1989 (aged 19 days), Patrick in 1991 (aged eight months and ten days), Sarah in 1993 (aged ten months and 16 days) and Laura in 1999 (aged 18 months and 22 days). Her crimes spanned 10 years. Her appeals against her convictions were rejected twice by the Court of Criminal Appeal (CCA). An application for special leave to the High Court of Australia to appeal her convictions was also refused. Her appeal against sentence was upheld by the CCA and her sentence was reduced to 30 years imprisonment with a non-parole period of 25 years. In 2018, the Governor of New South Wales on the advice of the Attorney General, ordered an inquiry into the convictions of Kathleen Folbigg. The Honourable Reginald Blanch AM QC was appointed as the Judicial Officer to review any new research or advances in medical science relevant to the causes of death of the four children and any new evidence or research as to the incidence of reported deaths of three or more infants in the same family attributed to natural causes that may impact on the guilt or otherwise of Kathleen Folbigg. The scope of the Inquiry was extended to allow Kathleen Folbigg to give evidence about diary entries made by her and the possession and disposal of those diaries which had formed a significant part of the Crown’s circumstantial case at the 2003 trial. Kathleen Folbigg did not give evidence at trial. The DPP sought leave to appear at the Inquiry and to cross examine Kathleen Folbigg in relation to the diary entries. Kathleen Folbigg gave evidence before the Inquiry on 29 April 2019, 30 April 2019 and 1 May 2019 and she was extensively cross examined by counsel representing the DPP. In July 2019 the Inquiry delivered its findings in an extensive report that ultimately found that there did not exist "any reasonable doubt as to the guilt of Kathleen Megan Folbigg for the offences for which she was convicted". In 2020, Kathleen sought judicial review of the Inquiry and its findings in the NSW Supreme Court. The Court determined that the matter should be transferred for hearing to the NSW Court of Appeal....


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