An ACT Supreme Court judge has described the “appalling” actions of a man who broke into an Australian National University student residence and touched a woman’s breasts while she slept.
Paul David Kelly has been sentenced for 17 offences he committed over three days last year
The 39-year-old broke into a university student’s room and touched while she was sleeping, then threatened her
A judge says Kelly’s offences were “appalling” and his drug use did not excuse him
Paul David Kelly, aged 39, has been sentenced to five years and nine months’ imprisonment over 17 convictions, ranging from committing an act of indecency to theft and burglary.
Kelly went on a three-day crime spree in September last year, stealing a car, breaking into buildings and robbing a second residence at the university.
The victim told the court she had woken to find him in her room touching her, looking down at her through eye slits in a dark balaclava.
She said: “Who are you? What are you doing?”
Kelly replied: “You don’t know me.”
He then tried to steal her laptop but she grabbed it back from him.
The woman said she began yelling at him to leave.
When he let go of the laptop, he went to the door and threatened her as he left.
After he had gone, the woman discovered her car keys and wallet had been stolen, along with a phone.
Kelly tried to use her bank card at a local shop to buy an iced coffee and three chocolate bars but was forced to abandon them at the checkout because the victim had asked the bank to suspend the card.
Police finally caught up with him in a car he had stolen before the incident.
The woman’s keys and cards were on the console, along with a small sealed bag containing the drug methylamphetamine, often called ice.
The court heard Kelly had little recollection of the events and had an ongoing issue with drugs.
He also has a previous conviction for an act of indecency.
The victim told the court she left her job and deferred her study after the incident.
Justice Chrissa Loukas-Karlsson said the act of indecency was by far the most serious of Kelly’s crimes.
She said she accepted that Kelly was remorseful but was guarded about his prospects for rehabilitation.
She addressed Kelly directly, telling him the offences were very serious.
“It’s not the first time you have committed an act of indecency or burglary.
“Drugs are not an excuse, and you know that.
“You will have a lot more time in jail to reflect on what you have done. Use that time.”
Firefighters in San Francisco, California, rescued a man from the Battery Crosby cliffs near the Golden Gate Bridge in the early hours of October 21, they said. A local reporter said the rescued individual was a man in his 30s. It was initially reported that four people had gone missing. Later, firefighters reported that only one person was missing. Local reporter Sara Stinson said that three people who called 911 after hearing the man’s screams also got lost but were quickly located by the rescue team. The SFFD livestreamed the rescue operation. This footage was shared by the Twitter account San Francisco Fire Department Media and shows the moment the man is rescued from the cliffs. Credit: San Francisco Fire Department Media via Storyful
As he prepares for his first AFL grand final, athletic beast Noah Balta is still some way off the complete defensive package Richmond expect he will become.
And despite the obvious comparisons being drawn, he’s not a clone of former champion Alex Rance.
But the emerging star, who turns 21 on Friday, is already a crucial piece of the Tigers’ unusual eight-man defensive puzzle.
They’ve just got to iron out a few kinks.
“He’s had moments where he’s done unbelievable things,” Richmond defender Nick Vlastuin told AAP.
“Then he’s had moments where he probably wishes he could take them back, kicked it straight up the guts a couple of times and stuff like that.
“It’s been fun along the way and he’s just so athletic, you can always get some highlights out of him.”
Balta, already a 194cm and 100kg phenomenon, will be the youngest player in Saturday night’s grand final against Geelong and is the only Tiger still chasing his first premiership.
He arrived on the AFL scene in round one last year in what turned out to be Rance’s final game, when the five-time All-Australian was cut down by a knee injury.
It became a changing of the guard and the comparisons were inevitable as Balta worked his way into the vacant position.
They were validated by Richmond coach Damien Hardwick’s declaration earlier this year that Balta is a “young Alex Rance”.
But fellow key defender David Astbury notes some clear differences and believes the 29-gamer is poised to forge his own identity out of the shadow of one of the modern game’s great backmen.
“Noah’s marginally more athletic, whereas Rancey would just beat you up for days with discipline and stubbornness,” Astbury told AAP.
“Noah is just a young bloke trying to find his way, but by goodness he’s got some potential and we want to maximise that.
“At different stages throughout games he shows his physical attributes and they’re just extraordinary.
“He’s still got quite a ceiling to reach and right now, even though he’s playing some really good footy, he’s still a fair way off it.”
Balta played 13 games last year – reviewing tape of each one of them with Rance by his side offering guidance – but missed selection for the successful finals series.
His true emergence came this year when Astbury spent almost three months on the sidelines with a knee injury.
Balta stepped up and blunted some of the game’s best key forwards, including Charlie Dixon, Jeremy Cameron, Matt Taberner and Max King.
“For a guy his age he’s probably as (physically) mature and strong as anyone I’ve ever seen really,” Richmond defensive coach Justin Leppitsch said.
“He’s got a lot of upside and there’s a long way to go in his career and a lot of achievements to be had, but for a guy his age to be able to play on mature guys like Charlie Dixon and match them in that strength battle is a really good sign.
“Where can Noah improve? Like anything in time, maturity and decision-making, all those sorts of things. They’re things you get better at the more you do.”
In round 17, when Richmond last met Geelong and scored a convincing 26-point win, Balta limited likely grand final opponent Tom Hawkins to one goal despite his relative inexperience against the 14-season veteran.
“He’s a great player and he’s got a lot of talent and attributes,” Coleman medallist Hawkins said.
“In the past I’ve played on Alex Rance and David Astbury … but Noah’s a great athlete and from what I’ve seen of him he reads the game pretty well.”
Astbury’s return to action late this season, coupled with ruckman Ivan Soldo’s knee injury, has seen Hardwick and Leppitsch tweak their defensive approach yet again as part of an ongoing evolution.
Selecting eight defenders in the best 22 has allowed Astbury to offer Toby Nankervis some relief by pinch-hitting in the ruck.
Balta, Astbury, Vlastuin, Dylan Grimes, Nathan Broad, Jayden Short, Bachar Houli and Liam Baker will all roll through the back line during the grand final.
“Change is good sometimes and over the last couple of years in the absence of Rancey, who was a once-in-a-generation player, the system has still worked,” Astbury said.
“Noah’s done such a remarkable job and I’m enormously proud of that man.
“He’s really invested in the culture and what we believe in here and he’s also really invested in his own development, and that’s why we’re seeing such rapid growth.”
A man who tried to kill his ex-wife by dousing her with drain cleaner in a shopping centre chase has been jailed for 12½ years in what a Hong Kong judge described as one of the most serious cases of its kind.The High Court heard Chow King-man, 71, attacked Cheung Shing-fa, 50, out of blind jealousy on June 13 last year, after she started a new relationship as their marriage had fallen apart following a downturn in his renovation business that led to his bankruptcy.Pre-sentencing reports…
A young North Queensland mother says she lives in fear and her sleep is constantly affected after a former partner forced his way into her home, brandishing a loaded gun.
The court heard in October 2019 Mark Brenton Payne forced his way into his former partner’s house
Payne was charged with weapons, burglary, and domestic violence offences
He pleaded guilty and will be sentenced in December
Prosecutors told the Mackay District Court that the accused, 28-year-old Mark Brenton Payne, went to his former partner’s house in October last year after a series of text messages where he said “that’s it, now I hate you”.
“After she replied, he then said ‘now I’m going to show you why you should show me some respect’,” prosecutor Ben Jackson said.
“I tried being nice now, you asked for this.”
The lengthy exchange also included the woman asking for space and eventually blocking his number.
The court heard Payne tried to push his way through a locked screen door and then lifted his shirt to show the chrome handle of a gun.
Prosecutors said the woman ran to the back door of the house but Brenton was able to get in, began waving the gun around, and then ran outside.
The woman’s two-year-old daughter was sitting just metres away on the couch.
After Payne left the house, two shots were heard, but prosecutors said it was not clear or identified where they were aimed.
Days later, police negotiators were called to an address where Payne was staying, with officers uncovering parts of guns and ammunition.
“It was clear that markings had been removed from a number of the pistol parts,” Mr Jackson said.
“Mr Payne presents as a very serious risk to the community.
“He obtained a gun, and that in itself is a very serious concern — that he has the capacity to obtain a gun, to store them, and that he took that gun to a location of a person he had a relationship with.”
Judge Deborah Richards agreed the actions were serious.
Defence barrister Scott McClennan said his client only went to the house because the woman did not respond to his calls and texts.
History of threats and violence
Payne was subsequently charged with weapons, burglary, and domestic violence offences.
The court was told he had an already extensive and concerning criminal history, eight pages in length.
In 2017, he went to a home of a woman he knew, with another person, in another home invasion, and took the woman’s dog which had never been found.
Prosecutor Ben Jackson said that during his relationship with the later victim he made serious, violent threats.
“He previously threatened to melt the complainant’s face off with caustic soda while he was under the influence of the dangerous drug methylamphetamine,” Mr Jackson said.
He argued there were “bleak prospects” of Payne being rehabilitated.
Judge Richards acknowledged his substance addiction, outlined by his defence barrister.
Payne also served jail time in New South Wales prior to 2019 for common assault, stalking, and other offences.
Part of the woman’s victim impact statement was read to the court which the prosecutor said had very significant impacts on her life.
“Any loud noises she will scream, and she often has nightmares and wakes crying,” Mr Jackson said.
“Even during her sleep Mr Payne is affecting her in her life.”
Payne plead guilty to a range of offences and will be sentenced in December, with Judge Richards ordering a series of psychiatric reports be prepared and presented.
Judge Richards will also consider submissions from Payne’s barrister that he has been diagnosed with foetal alcohol syndrome and ADHD.
He has also completed an anger management course while in custody.
There are many people who have helped Penrith to a record-breaking season and grand final appearance against the Storm, but none have had the longevity – or perhaps impact – of Jones.
An emotional man at times, the 64-year-old sat high in the stands at ANZ Stadium last Saturday night and might have shed a tear or two as Ivan Cleary’s men booked their grand final spot.
He’s one of the few left who remember what it was like when they won their first title in 1991, and had his fingerprints all over John Lang’s 2003 premiers. In 2020, he is still around for another shot at grand final glory.
A country boy himself, Jones’ office has a picture of The Dog on the Tuckerbox, the landmark famous in his hometown of Gundagai. Also in Jones’ office is son Sam, who helps nurture the club’s next batch of talent.
Jim is the longest serving employee at the Panthers, by a stretch, and a large part of what makes the club tick. Panthers chairman Dave O’Neill describes him as “the heart and soul” of the place, a sentiment echoed by Gould.
“Success has many fathers, but the man who deserves most credit for where Panthers find themselves today is Jim Jones,” said Gould, who first gave the former landscaper a job at the club as a coaching and development officer in 1990.
“A former Panther and Country player himself, Jim is not only the heart and soul of the club, he is the reason many of these kids found their way to Panthers.
“Whether they have emerged through the Penrith junior league or from NSW country areas, Jim is the man who scouted and identified these talented kids, and he was the first point of contact in bringing them to the club.
“He is a major part of the entire development process for every player. He’s at every junior rep training session. He’s at every junior rep game. He mentors and assists the junior rep coaches. His eye for young talent, with NRL potential, is second to none. He’s the best in the game. He also perseveres with kids long after others have written them off. He sees the positive in them all.
“He has a relationship with every player during the entire development process. He also knows when a kid is ready to be tested at the top level. His opinion has been incredibly valuable to every head coach for many years.”
Jim is not only the heart and soul of the club, he is the reason many of these kids found their way to Panthers.
Jones has enough stories to fill his own library, from signing Craig Gower on a $5000 contract to throwing Stephen Crichton into Penrith’s SG Ball squad on the recommendation of one of his scouting network when they needed three more players to fill the numbers out to 50.
There are others, too.
He only offered Liam Martin a trial on a whim when he was doing work experience with Royce Simmons’ brother in Sydney. He was so concerned Moses Leota was turning up to training late and tired because of his work as a concreter he offered him a job as a car detailer, and he’s never looked back. He kept faith with Brian To’o when he was told by many he was too small. One day in a bush footy dressing shed Matt Burton said he “wouldn’t mind having a go” at football.
“I told him, ‘I can help arrange that’,” Jones laughed.
A couple of years ago, Jones was reunited with Gower when they were both made life members of the Panthers. He fought back tears during his speech, remembering the time when Gould first brought him to the club.
“I think Gus gave me the 21s, then he took all my players,” Jones recalled. “I said to him, ‘I’m going to run last’. But he said, ‘if you give me one first grade player then you’ve done your job’. Carl MacNamara came through and played first grade that year. We came last, but I did my job.
“This club gave me my first opportunity to play first grade and I think I owe them. I’ve always thought that. I’ve worked hard, long hours and I remember once I went away to a carnival for three days. I got home and [wife] Mary said, ‘dad’s home’. The kids said, ‘where has he been?’
“But we’ve started to develop our own and it’s slowed down a bit.”
These days, the ones he’s helped develop largely come out of Penrith’s expansive junior base and the western region, which the Panthers have poured millions of dollars into in recent years. Jones has always had a fondness for the country kids, going back to last week’s game-breaker Isaah Yeo.
As Jones walked out of Penrith’s academy earlier this week, the NRL squad were going through a yoga and stretching session on the grass. The teacher instructed from one side of the rope due to biosecurity measures, the players on the other.
As Jones posed for a Herald photo, the players started winding him up.
“Look at these blokes coming through,” he said. “I feel proud about giving them an opportunity.
“My only hope is when they make it running around in first grade, when they walk past they say g’day. If they ignored me it would kill me. But I’m a Penrith man through and through and I’m proud of them.”
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Adam Pengilly is a Sports reporter for The Sydney Morning Herald.
A serving New South Wales Police officer has been convicted of assaulting an Indigenous man in his custody in a series of events captured on police cameras.
Patrick Little was charged with affray and taken into police custody
CCTV captured Jeames Iain Murray assaulting Little while he was in custody
Murray was this week convicted of assault, and fined
7.30 has obtained footage of the assaults, captured from multiple angles, which appears to show Senior Constable Jeames Iain Murray propelling then-18-year-old Indigenous man Patrick Little’s head into a wall, and then throwing him at a cell door.
On Tuesday at Goulburn Local Court, Magistrate Susan McGowan found Murray guilty of two counts of common assault. He was fined a total of $3,500 and had a conviction recorded.
The case raises significant concerns about how NSW Police manages criminal allegations against officers. 7.30 can also reveal that Murray has continued to serve at Goulburn Police Station on “restricted duties” since he was charged more than a year ago.
The charges arose from an internal police investigation into the incident following a complaint.
On January 12, 2019, Little was fighting with his cousin outside a club in Goulburn when Murray and another police officer arrived. Little was charged and pleaded guilty to affray over that incident.
The court heard he was aggressive towards police initially but was co-operative when he was placed into the back of the police wagon.
After a short ride to the police station, Little is seen in the footage walking out of the police van.
The footage then appears to show Murray propelling him into a wall, placing him in a headlock and then throwing him into a custody cell door.
Little says at the end of the footage: “You’ve just lost your job.”
‘No circumstance where this was warranted,’ says magistrate
Murray pleaded not guilty to both charges, and maintained throughout the hearing at Goulburn Local Court that his actions were lawful and proportionate.
He said that while the footage did not look good, it did not tell the whole story, and that there was ongoing resistance and violence from Little.
Magistrate McGowan found that the explanation he gave about the events in the footage was “clearly inconsistent” with what was depicted in the bodycam and CCTV footage.
The shift supervisor, Sergeant Jeff Morgan, said in a statement tendered in the proceedings that after the incident Murray told him: “I think I might have stuffed up.”
Magistrate McGowan said in her judgment on Tuesday: “He did stuff up that evening, and I think he knew it.”
Murray’s lawyer said a conviction should not be recorded, on account of the far-reaching impacts it would have on him, telling the court: “It’s the elephant in the room that he’s going to be looking for a new career.”
Magistrate McGowan found that the seriousness of the assaults and the position of trust Murray was in warranted a conviction being recorded.
“He was the adult and unfortunately he reacted in a way that was not appropriate, as I’ve found,” she said.
She said Little’s behaviour was irritating, but said that “he was only 18 at the time, smaller than the constable”. She found that “there’s no circumstance where this was warranted”.
“I do recognise the difficulties of modern-day policing. But modern-day policing has to step up,” she said.
The assault findings against Murray also highlight further concerns over how police officers interact with Indigenous Australians.
Little was in police custody at the time of the assaults.His lawyer Michael Lalor told 7.30 that the experience of the trial had been traumatic for his client.
“Since his arrest in January 2019 he’s been through the criminal justice system as a victim of the system, he’s had to live, as many victims do, with the effect of going through court proceedings,” he said.
“It was tremendously confronting. It was the first time that he’d seen that footage. His family were in court.
“As any victim in a court proceeding would know, it’s a traumatic experience having to give evidence in court in relation to an assault that’s been perpetrated against them”.
The case also raises concerns about how NSW Police manage criminal allegations against officers.
Murray was charged in October 2019 and remains a serving police officer at Goulburn Police Station.
“I just think it’s outrageous. What does this say about accountability for police misconduct?” Karly Warner, the CEO of the NSW and ACT Aboriginal Legal Service, said.
A NSW Police spokeswoman said: “The officer remains on restricted duties; his employment status is currently under review.”
Ms Warner said cases like this were the tip of the iceberg, and that they undermined trust and confidence between the police and the public.
“I think anyone who watches this footage would agree that it’s really horrific,” she said.
“As much as of course this is not something that’s surprising, it still is really horrifying. It really cuts quite deep because it’s the people that are meant to serve and protect you.”
NSW Police Commissioner Mick Fuller declined an interview request with 7.30.
“This matter relates to an incident in January 2019 that has now been dealt with in court. The officer’s employment status is under review,” a spokeswoman said.
The chief commissioner of the Law Enforcement Conduct Commission (LECC), Reg Blanch, said in a statement that the oversight agency had been notified about the allegations by NSW Police.
He said the LECC had requested a report from NSW Police to consider what further action might be warranted.