Search
This area does not yet contain any content.
Justinian News

Delay update ... "Extraordinary and excessive" delay - by the litigants ... Contest on costs ... Getting to grips with Qld industrial law takes time ... What is a "worker"? ... What is an "injury"? ... Justice Jenni frigging around ... Slow grind for earnest Circuiteer ... From judges' associate Ginger Snatch ... Read more >>

 

Politics Media Law Society


A biopsy on bias ... Darryl Rangiah and Oscar Wilde … A unity ticket … White flags at Ultimo … The Hyphen … BBC also on the ropes … Cease – FIRE … Why is Murdoch’s bias always wrong about everything? ... Read on >> 

This area does not yet contain any content.
Free Newsletter
Justinian Columnists

From the cutting room floor...Handsy Heydon goes to Perth ... Celebrity tour ... Conferenceville ... Dicey's job application speech from 2002 ... Other High Court judges mocked as "vegetables" ... Mason CJ ridiculed ... Speech bowdlerised for public consumption ... Courage of conviction MIA ... From our National Affairs Correspondent ... Read more >> 

Blow the whistle

 

News snips ...


Walter Sofronoff v ACT Integrity Commission kicks off on Monday @ 10.15 am before Justice Abraham ... Judicial review of corruption finding ... More >> 

Justinian's Bloggers

London Calling ... Sizzling in the Old Dart ... Story of the complaining law graduate ... Tattle Life brought to book ... Beckham family feud over royal gong ... Floyd Alexander-Hunt's postcard ... Read more >> 

"What you are not being told by the media anywhere is that the death toll likely would not have been as high if it wasn't for DEI."

Charlie Kirk, American conservative and conspiracy theorist on the Texas floods ... The Charlie Kirk Show, July 9, 2025  Read more flatulence ... 


Justinian Featurettes

Zeitgeist litigation ... Matt Collins KC on live-streaming of high-profile trials ... Social media nightmare ... Abuse of barristers ... Chilling emails ... Trials as a form of public entertainment ... Courts sleepwalking into a dangerous zone ... Framework needed to balance competing interests ... Paper delivered to Australian Lawyers Alliance Conference ... Read more >> 


Justinian's archive

Being chased by a dog called Rhetoric ... Justice Virginia Bell on rhetorical devices and barristering ... It seems to be a male thing ... Distractions from the truth ... Tulkinghorn asks, where would the bar be without bad rhetoric? ... September 14, 2012 ... Read more >> 


 

 

« The joys of the duty barrister | Main | Police have trouble swearing »
Tuesday
Nov222011

Mr Mortified assumes too much

Junior Junior in court to catch Mr Mortified putting his foot in it during sentencing submissions ... Cringe ... When will men learn? ... Nothing should be assumed 

I have made my share of gaffs, legal and otherwise, and I have heard some shockers - but I was in court the other day and witnessed an absolute doozie.

I have to share it with you. 

A notable worthy of the bar, who I will call Mr Mortified, was dealing with a tough sentencing last week. 

The client wasn't a particularly likable fellow (they rarely are) and it was looking like a custodial sentence might top off this case for Mr Mortified and his unsavoury client.

So, like a eulogist at the funeral of an unloved deceased, Mr Mortified was grasping at the straws of his client's respectability in order to convey to the judge the importance that he remain in civilised society.

As he is hitting his peak, referring to his client being a family man and pillar of the community, the crim's wife and three young children straggled into the courtroom and took up some vacant chairs.  

Mortified spied said spouse and noted what a blooming figure of womanhood she was.

Ah ha! She's pregnant, he surmised. He turned to the judge and stated that not only is his client a family man, but he is about to become a bigger family man.

It would be inhumane to remove this caring husband from this lovely family while his wife had another little bun in the oven.

She will need the support of her darling, but misguided, husband during her pregnancy, birth and thereafter, in order to cope with this most beautiful of life's blessings.

As Mortified came to the end of this florid submission, his dutiful solicitor tugged on his robes, pointing to a scribbled note in front of him: 

"She's not pregnant! She's chubby." 

At that point Mr Mortified well and truly lived up to his moniker. He had two options:

  1. With his overriding duty to the court, he must immediately tell the court of his error; or 
  2. Being a kindly man and suspecting the client's wife is already upset (and the client is the sort of fellow who doesn't cope well with people who upset his wife) he would let it go and quietly, after the fact, inform the court and his opponent of this unfortunate misunderstanding. 

Mr Mortified decides on the latter course and promptly sits down.

The judge, in her wisdom, decided to keep the offender on this side of the prison wall. 

Unfortunately, Morty is now in a bigger pickle.

The crown, on hearing that the criminal's wife is not pregnant, is now planning to tender the solicitor's handwritten note on an appeal against the leniency of the sentence.

If Mortified had been a woman, this would never have happened.

No woman would assume another is pregnant, even in the face of breaking waters, unless she was told to her face. 

Men! They just assume ... which to me seems a funny thing for a barrister to do. 

 

Junior Junior

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.