Ben Robert-Smith : How was Justice Anthony Besanko of the Federal Court able to find that the crime of murder has a civil twin, which can be determined on a balance of probabilities
by Ganesh Sahathevam The Hon Justice Anthony Besanko Media reports about the Ben Robert-Smith defamation matter have at least given the impression, if not asserted, that Justice Anthony Besanko of the Federal Court found that Robert-Smith had committed murder. Most if not all reports have been at pains to stress that the finding was based on a balance of probabilities, and not beyond a reasonable doubt, for the matter was a civil and not criminal matter. However, reading his summary one can immediately see that Justice Besanko found not that Roberts-Smith had committed murder but that the " respondents had, (on a balance of probabilities) established the substantial truth" that Roberts-Smith had committed murder. However, murder is a crime and a finding of murder in a criminal court (which is the court in which crimes like murder can be determined!) inv
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