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UK Supreme Court makes major ruling on definition of "woman"

<p>In a landmark ruling that has stirred celebration and concern in equal measure, the UK Supreme Court has unanimously ruled that the legal definition of "woman" refers exclusively to someone born biologically female.</p> <p>The decision effectively excludes transgender women from being counted as women under the Equality Act, marking a decisive turn in a years-long legal battle over gender identity and women's rights in Scotland.</p> <p>The case, brought by the feminist campaign group For Women Scotland (FWS), challenged guidance issued by the Scottish government that included transgender women with gender recognition certificates in official gender quotas. The ruling has been hailed as a victory by women's rights advocates who argued that expanding the definition undermined protections for biologically female people.</p> <p>“Everyone knows what sex is and you can't change it,” said Susan Smith, co-director of FWS, celebrating the court’s decision outside the courthouse. “It’s basic common sense. People have tried to deny science and reality. Hopefully, this now brings us back to reality.”</p> <p>The Supreme Court’s five justices ruled unanimously that the Equality Act permits single-sex spaces – such as women-only changing rooms, shelters, and medical services – to exclude transgender women, even those who hold gender recognition certificates.</p> <p>In his written opinion, Justice Patrick Hodge said that the ruling does not strip transgender people of their broader protections under UK law but rather clarifies the scope of “sex” in certain legal contexts. “Interpreting ‘sex’ as certificated sex would cut across the definitions of ‘man’ and ‘woman’… and create heterogeneous groupings,” he wrote.</p> <p>The dispute originated from a 2018 Scottish law requiring that at least 50% of board members of public bodies be women. The inclusion of trans women in this target was central to the legal challenge, with FWS arguing that such a move effectively redefined the concept of womanhood without parliamentary authority.</p> <p>Aidan O’Neill, legal counsel for FWS, told the court that “sex” should be interpreted in the “ordinary, everyday” sense, based on biology from birth. “It is an expression of one’s bodily reality,” he said. “An immutable biological state.”</p> <p>The ruling has sparked celebration among gender-critical activists. Outside court, campaigners from several women’s groups opened champagne and chanted, “Women’s rights are human rights.”</p> <p>Maya Forstater, founder of the advocacy group Sex Matters, said: “The court has given us the right answer: the protected characteristic of sex refers to reality, not paperwork.”</p> <p>Author JK Rowling, a vocal supporter of FWS, praised the campaigners as “extraordinary” and “tenacious.” In a post on X, she said, “In winning, they've protected the rights of women and girls across the UK.”</p> <p>However, the judgment has drawn sharp criticism from trans rights organisations and human rights advocates. The campaign group Scottish Trans said it was “shocked and disappointed,” warning that the ruling risks eroding legal protections for trans people.</p> <p>Green Party Member of the Scottish Parliament Maggie Chapman called the decision “deeply concerning” and a “huge blow to some of the most marginalised people in our society.”</p> <p>“Trans people have been cynically targeted and demonised by politicians and large parts of the media for far too long,” Chapman said. “This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.”</p> <p>Amnesty International also condemned the ruling, arguing that it clashes with broader human rights standards. “A blanket policy of barring trans women from single-sex services is not a proportionate means to achieve a legitimate aim,” the organisation stated.</p> <p>The UK government welcomed the Supreme Court's clarification, stating, “Single-sex spaces are protected in law and will always be protected by this government.”</p> <p>Scotland’s semi-autonomous government, which initially defended the inclusion of trans women in public board quotas, said it accepted the court's decision. “We will now engage on the implications of the ruling,” said First Minister John Swinney. “Protecting the rights of all will underpin our actions.”</p> <p>The ruling is expected to have wide-reaching implications for public policy, equalities law, and gender identity debates across the UK – a country increasingly at the centre of a global reckoning on the boundaries of sex, gender and rights.</p> <p><em>Images: For Women Scotland</em></p>

Legal

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Flight attendant's act after touchdown divides social media users

<p>A United Airlines flight attendant has copped some flak online for playing the violin after touching down in California. </p> <p>The unnamed crew member welcomed travellers to the Bay Area by playing a cheery tune as people got up to disembark from the flight, and while his performance was met with a round of applause from passengers, others weren't quite as pleased. </p> <p>“It was a definite pleasant surprise and welcome change compared to all the news we hear from airlines these days,” the Redditor captioned the clip of the performance shared online. </p> <p>While some viewers agreed it was “lovely” and “awesome,” others found the behaviour “unsettling,” calling the flight attendant “self-indulgent”.</p> <p>“What a sly move,” one wrote. “He has everyone sitting, captivated by his music, while he slowly walks down the aisle with anyone in his way and exiting the plane first.”</p> <p>“Just because I’m trapped and sitting doesn’t mean I have any desire to be serenaded,” another commented. </p> <p>“This would be annoying as hell,” wrote a third. “Can’t imagine breaking out into song on any instrument on a flight."</p> <p>“Honestly I’d struggle not to tell him to sit down and shut the f**k up,” commented another. </p> <p>However, others jumped to the flight attendant's defence, saying: “Of course super mean people as usual telling him to sit down and shut up." </p> <p>“My guess is he actually likes the passengers and is very friendly and kind,” another added, praising the crew member for trying to "entertain passengers." </p> <p>“Not like he’s making much with working at one of the lowest paying mainlines. Yet he has a good attitude despite it.”</p> <p><em>Images: Reddit</em></p> <p> </p>

Travel Trouble

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Faithful dog's heartbreaking act after owner's death

<p>Heartbreaking images have captured the moment a faithful dog refusing to leave its owner's side after he drowned on a beach in Brazil. </p> <p>The unidentified 40-year-old victim's body was found by residents around 8am on Saturday in Balneário Camboriú. The man was homeless and known for collecting recyclables in the area. </p> <p>Photos from the police investigation showed the pup lying next to his owner's body on the beach, despite it being covered. </p> <p>The footage went viral and captured the hearts of  Allan Tatsch and his wife Lauriane Garghetti, who decided to adopt the pup and named him Scooby. </p> <p>"Welcoming Scooby with open arms," Tatsch wrote on Instagram alongside a picture of the couple and the pup. </p> <p>"He is just a survivor in this world, being faithful to his guardian until his last moments."</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/DGgSPKYOf_K/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/DGgSPKYOf_K/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by O Município (@omunicipiobrusque)</a></p> </div> </blockquote> <p>The couple already had two dogs of their own at home, and live in Brusque, just 45 km away from Balneário Camboriú.</p> <p>In an interview with local news outlet, <em>G1 </em>the couple revealed that Scooby had settled into his new home without any issues.</p> <p>"He already seemed to know the place. He was very well received by the other two dogs I have, who are also from shelters that we adopted," Tatsch said. </p> <p>"And he didn't want to leave my wife and I at any time," he added.</p> <p>"He stayed inside the house, snuggled on the couch and spent the night."</p> <p>The couple even set up an <a href="https://www.instagram.com/skoobofiel/" target="_blank" rel="noopener">Instagram</a> account for Scooby, sharing updates including Scooby learning new tricks, getting pets and exploring his new neighbourhood. </p> <p>"They are the ones who teach us so much about humanity… more than humans themselves," Garghetti captioned one of the videos. </p> <p><em>Image: Instagram</em></p> <p> </p>

Family & Pets

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Sam Kerr's partner takes the stand in harassment trial

<p>Sam Kerr's fiancé has given evidence in support of her partner during a <a href="https://oversixty.com.au/finance/legal/sam-kerr-s-defence-in-harassment-trial-revealed" target="_blank" rel="noopener">harassment trial</a> in London, as the "deeply offensive" insult Kerr threw at a taxi driver was revealed. </p> <p>The Matildas striker has been accused of calling UK police officer Stephen Lovell “stupid and white” as he attempted to defuse a dispute over a taxi fare in southwest London on January 30th 2023.</p> <p>The all-time leading Australian international scorer has pleaded not guilty to the racially aggravated harassment of a police officer.</p> <p>It has been alleged that the incident began when Kerr and Mewis had been out drinking when they were picked up by a taxi who refused to take them home, instead driving them to Twickenham Police Station after one of them was sick. </p> <p>The taxi driver alleged that the women refused to pay a clean up cost and smashed the vehicle's rear window, as Kerr previously stated that the couple thought they were being kidnapped. </p> <p>Speaking from the witness stand on Thursday, Mewis, who is expecting a baby with Kerr, broke down in tears as she recalled, “It was like nothing I’ve experienced. I’ve never driven a car that fast before. I immediately felt fear for my life.</p> <p>“I felt out of control and like someone else had control over me and that was obviously very scary... I didn’t know if it was a kidnapping or if we were going to crash."</p> <p>“All of the horrible things you think about in your head; I didn’t know if that was going to happen.”</p> <p>During cross-examination, prosecutors asked Mewis if she knew the taxi driver had claimed he was taking the pair to Twickenham Police Station after phoning emergency services about them.</p> <p>She responded “no” and added: “I don’t know why you would drive that recklessly if you were taking us to a police station ... why was he driving crazy? I don’t understand that part.”</p> <p>During the fourth day of the trial, Kerr was asked by prosecutor William Emlyn Jones if she was “someone who uses a lot of bad language or swears a lot?”</p> <p>Kerr said “no” but was then asked if she remembered referring to the taxi driver as a “dodgy c***”.</p> <p>“That’s a deeply abusive term, isn’t it?” the prosecutor said, to which Kerr responded, “ Yes, you could say so.”</p> <p>Kerr previously said the pair were “trapped” in the back of the taxi and that they had tried to open the doors and windows multiple times but they remained locked.</p> <p>She also claimed “Everything was going through my mind about being in a car with a stranger I deemed to be dangerous. There was no reasoning with him. It was his way or nothing.”</p> <p>Kerr's defence counsel then asked Mewis about how they were treated when they arrived at the police station, as she recalled “PC Lovell was immediately dismissive. He wasn’t believing what we were saying."</p> <p>“We were saying we had been taken against our will, we couldn’t get out and (the driver) was driving like crazy ... he was dismissive in a way in which he didn’t want it to be true."</p> <div> </div> <p>“In my opinion, (the police) were trying to change the story and make it into something it wasn’t."</p> <p>“It felt a little bit like gaslighting ... the story (they) repeated back was different or they were manipulating it back onto us.”</p> <p>The West Ham midfielder also said Kerr was “speaking her truth” when she called a police officer “stupid and white”, to which she clarified, “I think that in her moment she was speaking her truth in how she was feeling. Subconsciously she felt that she was being treated differently. I’ve seen Sam be treated differently.”</p> <p>Asked if she noticed a difference between the way police treated her and Kerr, Mewis said: “Yes. PC Lovell was more snide and shorter with Sam. He didn’t believe what she was saying and (was) dismissive with her.”</p> <p><em>Image credits: SplashNews.com/ANDY RAIN/EPA-EFE/Shutterstock Editorial</em></p>

Legal

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RSPCA investigates Perth man over "distressing" act

<p>Wildlife experts are outraged after a Perth man allegedly attacked a swan by lifting it from the water and over his head during Australia Day. </p> <p>In the video posted to Instagram, the man appears to jump from a boat to the swan and lifts the bird by its legs up and out of the water while his friends cheer. </p> <p>WA Seabird Rescue, a not-for-profit rescue group, was informed of the video and have since passed it onto the RSPCA. </p> <p>“Here in the Mandurah estuary, we do have a large population of black swans, and they are very humanised, so unfortunately, people feed them, which means they often come up to the boat,” rescue volunteer Rachel Olsen said. </p> <p>"Two swans had approached the boat, and one of the blokes jumped from the boat onto the swan," she added. </p> <p>“We invest a lot of time and energy to try and do what we can for our native wildlife, and it is distressing that we do see huge increases in these types of behaviours over school holidays and public holidays,” the rescue volunteer continued. </p> <p>She said that these types of incidents unnecessarily added to an already busy time for the wildlife group. </p> <p>“We had four black swans that were hooked and entangled in one week over Christmas,” she said. </p> <p>The RSPCA have since released a statement saying that they are investigating the report. </p> <p>“RSPCA WA had received a report about an alleged incident involving a swan on the Mandurah estuary and is investigating,” a spokesman said.</p> <p><em>Image: Instagram</em></p>

Family & Pets

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Tennis fans praise Jelena Dokic's on-court interviews

<p>Jelena Dokic has received praise from tennis fans for her on-court interview with Aryna  Sabalenka on Thursday night at the Australian Open. </p> <p>Sabalenka beat her friend Paula Badosa 6-4 6-2, and will face Madison Keys in the final on Saturday.</p> <p>Dokic was chosen to conduct the on-court interview with Sabalenka.</p> <p>While previous on-court interviews had been criticised for being too <a href="https://www.oversixty.com.au/entertainment/tv/another-ao-competitor-calls-out-disrespectful-commentators" target="_blank" rel="noopener">personal</a>, Dokic's interview focused on the matches and performances of the athletes, even sharing a funny moment with Sabalenka which won widespread praise from tennis fans and journalists alike.</p> <p>"Not sure I'm raising anything that most don't know but Jelena Dokic is an excellent media performer," Journalist Daniel Garb wrote on X.</p> <p>"Very good analyst, asks the right questions and all with a lovely demeanour."</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Aryna Sabalenka after beating Paula Badosa to reach Australian Open Final:</p> <p>“I hope she’s still my friend… I promise Paula we will go shopping and I’ll pay for whatever you want” 😂😂😂</p> <p><a href="https://t.co/UKtzOlG53j">pic.twitter.com/UKtzOlG53j</a></p> <p>— The Tennis Letter (@TheTennisLetter) <a href="https://twitter.com/TheTennisLetter/status/1882372566083662249?ref_src=twsrc%5Etfw">January 23, 2025</a></p></blockquote> <p>"Jelena Dokic is definitely the best choice for these on court interviews," wrote one tennis fan. </p> <p>"There has been much talk about commentators and interviewers at the Aus Open. Rightly so. Some have been woeful. However, there hasn’t been enough talk about Jelena Dokic. She’s an excellent media talent and a brilliant tennis analyst. Far superior to many with far greater experience," commented another.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Jelena Dokic is definitely the best choice for these on court interviews</p> <p>— SyLpatyczna SyLwia (@sylpatica) <a href="https://twitter.com/sylpatica/status/1882373064496988280?ref_src=twsrc%5Etfw">January 23, 2025</a></p></blockquote> <p>"I think we just need Jim Courier and Jelena Dokic as the post-match interviewer from now on," added a third.  </p> <p><em>Image: X</em></p>

TV

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TikTok influencer arrested after sick act to boost followers

<p>A Queensland TikTok influencer has been arrested after being accused of poisoning a one-year-old girl for her own benefit. </p> <p>The 34-year-old Sunshine Coast woman allegedly gave several unauthorised prescription and pharmacy medicines to the young girl, resulting in her falling ill. </p> <p>"While the child was being subject to immense distress and pain, it is alleged the woman filmed and posted videos of the child," police said in a statement.</p> <p>"It is alleged the content produced exploited the child and was used to entice monetary donations and online followers."</p> <p>Detective Inspector Paul Dalton said the little girl was already in hospital with a genuine illness, when medical staff suspected that something was wrong. </p> <p>On January 7, they tested her for unauthorised medicines, and found that the result was positive. </p> <p>Police allege the medicines were given to the one-year-old girl between August 6 and October 15 last year. </p> <p>"There are no words to describe just how repulsive offences of this nature are," Dalton said.</p> <p>"There is no excuse for hurting a child, particularly one so young."</p> <p>The woman is accused of raising around $60,000 through GoFundMe, with Dalton confirming that they are working towards returning the money to those who have donated. </p> <p>"We've been dealing with GoFundMe, I understand through my investigators that they are making attempts to repay that money to the people through the kindness of their heart who have donated that money," Dalton said.</p> <p>"We will be seeking that money back in restitution should she be convicted at a later date," Dalton said.</p> <p>He also confirmed that the young girl and her siblings are "safe"  and "the child's going well" but did not reveal who was caring for them. </p> <p>The woman has been charged with five counts of administering poison with intent to harm, three counts of preparation to commit crimes with dangerous things, and one count each of torture, making child exploitation material and fraud.</p> <p>She remains in custody and has been denied bail. </p> <p><em>Image: Queensland Police</em></p> <p> </p>

Legal

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"Baseless": Alan Jones unleashes outside court

<p>Alan Jones has broken his silence outside court as he prepares to fight historical abuse allegations after being slapped with 34 charges. </p> <p>The former 2GB radio host appeared before Judge Michael Allen at Sydney’s Downing Centre Local Court on Wednesday, as his high-profile solicitor, Bryan Wrench, entered pleas of not guilty to 34 charges relating to 10 alleged victims on Jones' behalf. </p> <p>As Jones left the courthouse, he delivered a statement to the media, saying the allegations against him are “either baseless or distort the truth”. </p> <p>“Firstly, let me say this: I am certainly not guilty and I will be presenting my account to a jury, as you heard this morning,” he said.</p> <p>“I will not be engaging in a running commentary in the media, but I want you to understand this: these allegations are either baseless or distort the truth.”</p> <p>He claimed prior to his arrest he was given “no opportunity by police” to answer to the allegations. </p> <p>“I have never indecently assaulted these people,” he said.</p> <p>“The law assumes I am not guilty, and I am not guilty. I am emphatic that I’ll be defending every charge before a jury in due course.”</p> <p>Inside the courtroom, Mr Wrench told the court that his client welcomed the prospect of the matters being determined by a jury.</p> <p>“He seeks to have these matters determined by the public... Mr Jones looks forward to clearing his name in this matter,” he said. </p> <p>Mr Jones is facing 26 <a href="https://www.oversixty.com.au/finance/legal/alan-jones-hit-with-24-charges-of-indecent-assault" target="_blank" rel="noopener">charges</a>, including committing an aggravated indecent act and sexually touching a person without consent, in relation to nine complainants. It is alleged the incidents occurred between 2001 and 2019. </p> <p>On Wednesday he was hit with eight fresh charges of assault with an act of indecency, bringing the total number of charges to 34.</p> <p><em>Image credits: DEAN LEWINS/EPA-EFE/Shutterstock Editorial</em></p>

Legal

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Young influencer's "sick act" while 80-year-old boyfriend is hospitalised

<p>Social media users have been left horrified by a young influencer's lack of sympathy after she shared a "disturbing" video of herself dancing next to her elderly boyfriend's hospital bed. </p> <p>Bronwin Aurora, 22, filmed herself doing a trending TikTok dance and boasting about being included in her 80-year-old boyfriend's will, dancing around the elderly man who was lying in his hospital bed surrounded by medical equipment. </p> <p>“Guys, I got on the will, should I pull the plug?” she captioned the clip. </p> <p>The video gained nearly half a million views, and while some thought it might be satirical, others expressed their concern and outrage. </p> <p>“Love your care for humanity," one commented sarcastically. </p> <p>“I’m going to cry. I hope he gives everything to his kids," another wrote. </p> <p>“A prelude to an episode of Law and Order,” commented a third. </p> <p>Some even suggested it was "elder abuse", while many called her out for the "sickening" and "outrageous" act calling it "a new low". </p> <p>The 22-year-old appears to have a "sugar daddy" arrangement with the man, who often buys her extravagant gifts, including a $20k Cartier bracelet, among other things. </p> <p>While the influencer did not disclose her boyfriend's medical condition, she has been documenting his health across multiple posts on social media, with the most recent one showing him in a wheelchair. </p> <p>In one video she even told fans that she "loves" him and doesn't shy away from sharing details of her relationship online. </p> <p><em>Images: TikTok</em></p> <p> </p>

Relationships

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Tourist's disrespectful Machu Picchu act slammed

<p>A tourist has been slammed online after she was filmed sprinkling her loved one's ashes at Peru’s Machu Picchu. </p> <p>The clip posted to TikTok by Peruvian tour operator IncaGo Expeditions has been taken down amid fierce backlash, but not before it was reshared on other platforms online. </p> <p>In the video, the woman stood atop one of the 15th-century Inca citadel’s terraces as she scattered the ashes. The footage ended with her taking a bow and embracing another person. </p> <p>Her actions have been slammed online, with one person saying: “may the full weight of the law fall on the person who did this act, there was no respect for Machu Picchu." </p> <p>“What is the need to do it in a universal jewel, such as Machu Picchu?” another commented. </p> <p>The sacred landmark,  has been designated a UNESCO World Heritage landmark in Peru, and is one of the New Seven Wonders of the World. </p> <p>Peruvian cultural officials have also criticised the behaviour and called for greater action in preserving the history of the landmark. </p> <p>T’ika Oregón, a lawyer with the Cusco Commission of Jurists, told local media that “archaeological areas are not repositories of any type of ashes, much less of a deceased person,” reported the <em>Daily Mail</em>. </p> <p>She also claimed that the ceremony could've been a promotional stunt orchestrated by the tour operator. </p> <p>“It must be determined if it is an agency that is dedicating itself to this objective or if it is a person, and according to the level of participation, of seriousness, the maximum penalty will have to be given,” she said.</p> <p>The Ministry of Culture is currently trying to identify the woman and tour agency responsible for the desecration. </p> <p>“Machu Picchu deserves respect and protection from visitors and tourism operators, who are obliged to comply with the provisions contained in the regulations for visiting the Inca city of Machu Picchu,”  they said in a statement. </p> <p><em>Image: TikTok</em></p>

Travel Trouble

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Court views footage of final moments before Clare Nowland was tasered

<p>A registered nurse with nearly 50 years of experience has expressed her deep concern regarding the tasering of 95-year-old Clare Nowland, a resident at Yallambee Lodge nursing home in Cooma, New South Wales.</p> <p>The incident occurred in the early hours of May 17, 2023, and <a href="https://www.oversixty.com.au/news/news/clare-nowland-dies-officer-charged" target="_blank" rel="noopener">resulted in Nowland's death</a>, a great-grandmother suffering from dementia.</p> <p>Senior Constable Kristian James Samuel White, 34, is currently on trial in the NSW Supreme Court facing manslaughter charges related to the incident. He has pleaded not guilty, asserting that he acted lawfully under his duties as a police officer.</p> <p>During her testimony, Nurse Rosaline Baker recounted her alarm when she called triple-0 after Nowland had grabbed two steak knives and a jug of prunes from the kitchen. Following her call for help, White and Acting Sergeant Rachel Pank arrived on the scene after two paramedics. Together with Baker, they located Nowland in a treatment room. When White pulled out his taser, Baker admitted she was unfamiliar with the device and felt "kind of curious". However, her curiosity turned to horror when she heard a loud noise and witnessed Nowland being struck by the stun gun. "I was very, very concerned when she was falling to the ground," Baker stated in court.</p> <p>The trial has revealed troubling details about Nowland's condition and behaviour leading up to that fateful night. Expert testimony indicated that her behaviour had escalated over the three months prior to her death. She exhibited increasingly anti-social behaviour, such as taking food from other residents, attempting to undress in public areas, and refusing assistance from staff. CCTV footage presented during the trial showed Nowland physically lashing out at staff members and even getting stuck in a tree, as well as footage showing the final moments of Nowland's life as she hid from emergency service staff – including Senior Constable White.</p> <p>Nowland had been admitted to the hospital on April 16 and prescribed the anti-psychotic drug Risperdal to manage her aggressive behaviour after incidents involving punching and biting staff. Under questioning by defence barrister Troy Edwards SC, an expert acknowledged that Nowland's behaviour just before she was tasered could have been influenced by a recent reduction in her medication dosage.</p> <p>The trial continues.</p> <p><em>Images: 7 News</em></p>

Caring

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Driver fined $544 for little known road act

<p>A Mercedes driver has copped a massive fine after illegally transporting a ladder in the back of his car. </p> <p>The motorist thought he snagged a bargain on Gumtree, buying a ladder from someone who lived only a few streets away. </p> <p>But when he went to take the ladder home after placing it in the backseat of his car, the ladder was protruding almost one metre out the window. </p> <p>Highway Patrol officers in Sydney's west stopped the driver who said, "I picked it up from someone on Gumtree, I’m just going down the road".</p> <p>He was $544 and lost three demerit points by the roadside, with the short distance of travel between his purchase location and destination meaning nothing to police due to the dangerous nature of the act.</p> <p>The driver claims he "didn't know" it was an offence to drive with a protruding load, despite every state and territory handed an on-the-spot fine if any items stick out of a moving vehicle.</p> <p>"Due to the danger posed to other road users as well as the driver himself, he was issued with an infringement," NSW Police said, explaining that the driver was able to disassemble the ladder and store it "more suitably" in the car before taking off again.</p> <p>In NSW, the fine for driving with a protruding load will set a motorist back $349. Across the country, fines fall between $200 to $400 for drivers of light vehicles, however, those in heavy vehicles can pay thousands.</p> <p>Protruding loads can alter the weight distribution of a car and make it unstable and unsafe to drive, reducing a driver's control, while also posing a risk of hitting others on the road, pedestrians or cyclists.</p> <p><em>Image credits: Facebook</em></p>

Legal

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"Unfair": Pauline Hanson's tearful pledge after court ruling

<p>Pauline Hanson has made an emotional pledge after the court <a href="https://oversixty.com.au/finance/legal/judge-rules-against-pauline-hanson" target="_blank" rel="noopener">ruled</a> she made racist remarks towards a fellow senator. </p> <p>Justice Angus Stewart found that the One Nation leader engaged in "seriously offensive" and intimidating behaviour when told Greens senator Mehreen Faruqi to "piss off back to Pakistan" in a tweet, with the judge saying the message constitutes "strong racism". </p> <p>After the ruling, Hanson spoke to <em>Sky News</em> in a teary interview in which she called the Federal Court ruling “unfair and unjust”, lamenting that Australia was “not the country I grew up in”.</p> <div> </div> <p>“I just feel that the country’s changed so much in such a way that people can’t say what they think anymore. The thought police is out there, everyone’s shut down for having an opinion,” she said between sobs.</p> <p>“It’s not the country I grew up in."</p> <p>“People may criticise my comment, but I’ve never changed since the first day of politics nearly 30 years ago."</p> <p>“But I think the decision made I think was unfair, unjust and a bit hard, but I’m not going to give up, I’m going to appeal against it, I’m going to fight this.”</p> <p>Handing down his the decision on Friday, Justice Angus Stewart labelled the post as “an angry ad hominem attack”.</p> <p>He ruled the post was “reasonably likely in all the circumstances” to “offend, insult, humiliate and intimidate the applicant and groups of people, namely people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia”.</p> <p>Justice Stewart found that Senator Hanson’s post was motivated by “the race, colour or national or ethnic origin” of Senator Faruqi, and her response was not made in good faith as a fair comment on a matter of public interest.</p> <p>“Senator Hanson’s tweet was merely an angry ad hominem attack devoid of discernible content (or comment) in response to what Senator Faruqi had said,” Justice Stewart said. </p> <p><em>Image credits: Sky News</em></p>

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"Stern warning": William Tyrrell's foster mother abused outside court

<p>William Tyrrell's foster mother has been targeted in wild scenes outside court as she left the inquest into the child's disappearance, as another woman was seen "hurling abuse at her".</p> <p>When leaving court on Monday afternoon, the woman, who is unable to be named, was abused and heckled by an unknown female, as Counsel Assisting Gerard Craddock SC informed NSW Deputy State Coroner Harriet Grahame.</p> <p>"There is no place in civil society for that at all," he told the inquiry. "It is particularly terrible in these circumstances."</p> <p>He asked the coroner to "remind people in attendance that orderly conduct is required. That sort of conduct could amount to being punishable by contempt of court".</p> <p>Coroner Grahame said, "That is very disappointing. If that person is in this court now they should be warned (the court) can take action."</p> <p>"That sort of behaviour must not occur. I'm just disturbed by that sort of behaviour. I use a stern warning. Please behave."</p> <p>The incident was revealed at the beginning of the second day of the resumed inquest into the disappearance of the three-year-old boy 10 years ago.</p> <p>The inquest is probing the <a href="https://oversixty.com.au/finance/legal/new-corpse-disposal-theory-tested-in-william-tyrrell-inquest" target="_blank" rel="noopener">police theory</a> that William Tyrell's foster mother buried his body in bushland after he fell from a balcony and died on the morning he vanished from Kendall, on the NSW mid north coast, in September 2014.</p> <p><em>Image credits: NSW Police</em></p>

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Teen found not guilty of murdering Brisbane mum

<p>A teenager has been found not guilty of murdering Brisbane mother Emma Lovell, with her heart-broken widow shedding tears at the verdict. </p> <p>The now 18-year-old faced trial on the allegation that he had seen a knife in his co-offender's hand and knew he was armed when the pair broke into the Lovell home on Boxing Day in 2022.</p> <p>The main offender fatally stabbed Emma and hurt her husband Lee in the struggle that followed.</p> <p>With the case largely dependant on crucial split-second CCTV, Justice Michael Copley ruled he could not "be satisfied beyond reasonable doubt that the accused knew the other teen was in possession of the knife".</p> <p>The teenager was found not guilty of Ms Lovell's murder or manslaughter and also acquitted of unlawful wounding, but was found guilty of burglary and assault in company.</p> <p>Outside the court, Lee Lovell became emotional as he told reporters, "I'm not feeling too great at the moment - the verdict was a joke. I don't feel justified for Emma one bit."</p> <p>"You try and do the best you can for her and I don't feel I've been able to do that."</p> <p>Mr Lovell said legislation needed to be changed in order for victims and their families to have justice. </p> <p>"You are a part of killing someone and you get a burglary charge. What does that say for anyone going forward," he said.</p> <p>"We are the ones with a life sentence now."</p> <p><em>Image credits: Facebook</em></p>

Legal

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Is it possible to have a fair jury trial anymore?

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>The decades-long mystery about what happened to 19-year-old Amber Haigh made it to court in New South Wales earlier this year. Those accused of murdering Haigh were found <a href="https://www.theguardian.com/australia-news/2024/sep/16/amber-haigh-murder-trial-verdict-not-guilty-robert-anne-geeves-ntwnfb">not guilty</a>.</p> <p>Usually we don’t know precisely why someone was found guilty or not. But in this case, the reasons were given.</p> <p>This is because the trial was “<a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/judge_alone_trials.html">judge alone</a>”: a trial without a jury. This means the judge decides on the factual questions as well as the legal ones. And as judges are required to give reasons for their decisions, we learned what was behind the verdict, something usually hidden by the “<a href="http://www.austlii.edu.au/au/journals/SydLRev/2013/32.pdf">black box</a>” of the jury room.</p> <p>Judge alone trials are <a href="https://bocsar.nsw.gov.au/research-evaluations/2024/CJB264-Summary-Effect-of-judge-alone-trials1.html">increasing</a> in New South Wales. Moves are being made in some <a href="https://www5.austlii.edu.au/au/journals/PrecedentAULA/2020/69.html">other Australian jurisdictions</a> to increase access to judge alone trials.</p> <p>While it’s only possible to hold a judge alone trial in certain circumstances, and there are small numbers of such trials relative to other trials, some lawyers and judges think these trials have <a href="https://bocsar.nsw.gov.au/documents/publications/cjb/cjb251-300/CJB264-Report-Effect-of-judge-alone-trials.pdf">advantages</a> over those with a jury.</p> <p>This is because jury trials face a lot of challenges. Some have pondered whether, in this media-saturated environment, there is such a thing as a fair jury trial. So what are these challenges, and where do they leave the time-honoured process?</p> <h2>What happens in a jury trial?</h2> <p>The criminal trial brings together knowledge of the facts that underpin the criminal charge. The task of the jury is to independently assess that knowledge as presented in the trial, and reach a conclusion about guilt to the criminal standard of proof: <a href="https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html">beyond reasonable doubt</a>.</p> <p>Crucially, lay people provide legitimacy to this process, as individuals drawn from all walks of life are engaged in the <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397">decision-making</a> around the guilt of the accused.</p> <p>The jury is therefore a fundamental part of our <a href="https://theconversation.com/all-about-juries-why-do-we-actually-need-them-and-can-they-get-it-wrong-112703">democracy</a>.</p> <h2>The changing trial</h2> <p>For its legitimacy, the criminal trial traditionally relies on open justice, independent prosecutors and the lay jury (the “black box”), all overseen by the impartial umpire, the judge, and backed up by the appeal system.</p> <p>But these aspects of the criminal trial are being challenged by changes occurring inside and outside the courtroom.</p> <p>These challenges include high levels of <a href="https://theconversation.com/when-punitive-media-intrude-on-the-courts-role-can-justice-be-served-63824">media attention</a> given to criminal justice matters.</p> <p>Another is the questioning about the way <a href="https://theconversation.com/lehrmann-inquiry-whats-a-director-of-public-prosecutions-or-dpp-a-legal-expert-explains-206194">public prosecutors are using their discretion</a> in bringing charges against individuals. This is happening in NSW, ACT and Victoria.</p> <p>There are also concerns about “<a href="https://theconversation.com/junk-science-is-being-used-in-australian-courtrooms-and-wrongful-convictions-are-at-stake-231480">junk science</a>” being relied on Australian courtrooms. This is where unreliable or inaccurate expert evidence is introduced in trials.</p> <p>Some legal bodies are also demanding a <a href="https://lawcouncil.au/publicassets/0e6c7bd7-e1d6-e611-80d2-005056be66b1/120421-Policy-Statement-Commonwealth-Criminal-Cases-Review-Comission.pdf">post-appeal criminal cases review commission</a> to prevent wrongful convictions.</p> <h2>Added complexity</h2> <p>It is not just juries that must come to grips with complex evidence in criminal matters. Judges and lawyers are also required to grasp intricate scientific evidence, understand new areas of expertise, and get across changing practices of validating expert knowledge.</p> <p>The difficulty of these tasks for judges and lawyers was on show in the two special inquiries into Kathleen Folbigg’s convictions for the murder of her children, held in 2019 and 2022–23. Rapid developments in genetic science, alongside other developments, came to <a href="https://theconversation.com/folbigg-pardon-science-is-changing-rapidly-and-the-law-needs-to-change-with-it-207604">cast doubt</a> on the accuracy of Folbigg’s convictions. This was just a few years after the first inquiry concluded there was no reasonable doubt about her guilt.</p> <p>The challenges facing criminal trials are one dimension of much wider social and political dynamics. News and information is produced and consumed differently now. People have <a href="https://theconversation.com/why-so-many-people-have-had-enough-of-experts-and-how-to-win-back-trust-206134">differing degrees</a> of respect for scientific knowledge and expertise. Trust in authority and institutions <a href="https://theconversation.com/5-charts-show-how-trust-in-australias-leaders-and-institutions-has-collapsed-183441">is low</a>.</p> <p>These factors come together in a perfect storm and pose existential questions about what criminal justice should look like now.</p> <h2>What does the future look like?</h2> <p>The future of criminal law and its institutions depends on their <a href="https://ses.library.usyd.edu.au/handle/2123/32995">legitimacy</a>. It’s legitimacy that gives courts the social license and power to proscribe conduct, prosecute crimes and authorise punishment. Juries are a vital piece of this picture.</p> <p>Amid the changing environment, there are things we can do to improve jury trials and in turn, safeguard and enhance their legitimacy.</p> <p>One is providing extremely careful instructions to juries to make sure jurors <a href="https://theconversation.com/we-need-better-jury-directions-to-ensure-justice-is-done-104417">understand their tasks</a>, and do not feel <a href="https://lawfoundation.net.au/wp-content/uploads/2023/12/UNSW_Jury_Study_Hunter_2013.pdf">frustrated</a>.</p> <p>Another is introducing <a href="https://www.researchgate.net/publication/343032083_Regulating_Forensic_Science_and_Medicine_Evidence_at_Trial_It's_Time_for_a_Wall_a_Gate_and_Some_Gatekeeping">higher and better standards</a> for expert evidence. Experts testifying in court need firm guidance, especially on their use of <a href="https://theconversation.com/the-words-that-helped-wrongly-convict-kathleen-folbigg-200635">industry jargon</a>, to decrease chances of wrongful convictions.</p> <p>These sorts of changes might be coupled with changes in criminal laws, like enhancing laws of self-defence so they are <a href="https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/64a58aac48b25f2af05ac74f/1688570542199/CWJ+Arlie+Loughnan+and+Clare+Davidson+Australia.pdf">more accessible to women</a> in domestic violence situations.</p> <p>Together, this would help to future-proof criminal law, ready to meet the challenges of coming years and decades that we are yet to detect.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/239401/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/arlie-loughnan-12732">Arlie Loughnan</a>, Professor of Criminal Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/is-it-possible-to-have-a-fair-jury-trial-anymore-239401">original article</a>.</em></p> </div>

Legal

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Parents demand action after five-year-old son brutally attacked with golf club

<p>William Brooks-Chiplin was playing in the front yard of his friend’s house in Tamworth, NSW on Thursday, when he was allegedly attacked with a golf club by another child. </p> <p>The five-year-old's face was extremely swollen and he was left dizzy and unable to move his jaw. </p> <p>“The people who came out and saw it thought he was gone. He didn’t make a sound, and he wasn’t moving,” his father, Kayleb Brooks, said.</p> <p>“My thought was he was going to die. No kid should ever experience that,” his mother, Marrisa Tisdell, added.</p> <p>His parents also said the young boy “is having nightmares, waking up and screaming in his sleep”.</p> <p>William is required to return to hospital for further scans to determine whether he has any hairline fractures or issues with his eyesight. </p> <p>NSW Police said they identified the 10-year-old accused of hitting William, and he had been given a warning under the Young Offenders Act, designed to provide an alternative process to court proceedings for children accused of crimes. </p> <p>For children aged between 10 and 14 years, the act is design in such way because, “a child cannot be held criminally responsible for their conduct because they don’t understand right or wrong”, according to Hugo Law Group’s Linday Stankovic.</p> <p>However, William's parents are calling for the government to change the age of criminal responsibility following the incident. </p> <p>“The kid pretty much just got a caution,” William's mum said. </p> <p>“(It’s) is unfair, because in the meantime he is suffering and nothing is being done about it,” his dad added. </p> <p>However, things aren't that simple as there are other concerns about the implication. </p> <p>Earlier this month, the Australian Human Rights Commissioner wrote to the NT government urging it to not lower the age of  criminal responsibility from 12 to 10-years-old.</p> <p>“The younger a child comes into contact with the criminal justice system, the more likely they will go on to commit more serious and violent crimes," National Children’s Commissioner Anne Hollonds said.</p> <p>“Lowering the age of criminal responsibility to 10 years will not make communities safer, it will only see rates of child offending increase.</p> <p>“These are primary school age children, and harsh, punitive responses are not the answer. “</p> <p>A recent report also found that more than three-quarters of children had mental health needs or cognitive disability, and 47 per cent had multiple diagnosed cognitive disabilities.</p> <p><em>Image: 7News</em></p>

Legal

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"Absurd" $312 fine for common bin act

<p>Aussies have been warned to not leave out their bins for too long unless they want to cop a $312 fine. </p> <p>An Adelaide resident was stunned after they received a "final warning" letter from their local council, stating it had received complaints over their bins. </p> <p>“How is ‘$312’ justified for leaving a bin out too long on a quiet back road,” the confused resident wrote on Reddit. </p> <p>They also said the penalty was "absurd", however, council said the resident was not fined. </p> <p>Hadi Jafari, another local from Kilburn, said he was "really surprised" about the cost. </p> <p>“$300 for a fine is really hard for people to afford, it is really a lot of money,” he told <em>The Advertiser</em>.</p> <p>He added that his family would struggle to pay the amount if they were fined over the common act. </p> <p>“We would probably have to repay it over time, I don’t think we could pay it at once so that is not good.”</p> <p>Under Port Adelaide Enfield Council’s waste management by-laws, bins have to be placed out after 4pm the night before rubbish collection and taken back in by midnight the day after. </p> <p>Council also clarified that it has only issued four fines in the last five years. </p> <p>Residents caught in the common act first receive a reminder letter that their bins have been reported to council. </p> <p>“However as a final resort expiations may be issued,” council said in a statement.</p> <p>The council said it receives 200 complaints annually in relation to bins being left on the street, however the number of warning letters issued has not been disclosed.  </p> <p>Port Adelaide Enfield Council noted other councils also have bylaws in place regarding bin collection.</p> <p>“This is because when people do not remove their bins from footpaths, it can result in impediments to people being able to use the footpath for walking, people with prams, people in wheelchairs, incorrect use of bins and contamination, and it can also impact vehicle and emergency access on streets.”</p> <p>Image: Shutterstock</p>

Legal

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Police commissioner faces his son's killer in court

<p>The South Australian police commissioner has faced the young man accused of killing his son in a hit and run in an Adelaide court, sharing an emotional statement about his family's grief. </p> <p>Randhawa, 19, was behind the wheel when he struck Charlie Stevens, 18, who was out celebrating schoolies with his friends. </p> <p>Randhawa has pleaded guilty to aggravated driving without due care and leaving an accident scene after causing death, as Charlie died from his irreversible brain injuries following the crash. </p> <p>“Not a single day goes by when we don’t talk about Charlie, when we don’t talk about him together, there is not a day when we don’t shed a tear thinking about our son and how much we miss him,” Commissioner Grant Stevens said. </p> <p>“Charlie would have been 19 on the 28th of April this year, but instead of celebrating it, it took all our efforts just to get through the day. And we know that that grief is with us for the rest of our lives.”</p> <p>Mr Stevens then addressed Randhawa directly as he said, “We acknowledge you have taken responsibility for what you have done and we are sure this has been difficult for you.”</p> <p>“But you get to move on and the people close to you still have you in their lives. We don’t have Charlie and we want you to remember that.”</p> <p>Charlie’s sister Sophie Tregloan also addressed Randhawa, saying, “Do I hate you? Yes, I absolutely do – but what I hate most is what you’ve taken from myself and my family.”</p> <p>“You have taken so much from us in a split second dumb decision. It’s Charlie’s heart I will miss the most. He was kind, inclusive of all, a pillar of strength.”</p> <p>Randhawa then delivered an emotional apology to the Stevens’ family, saying, “You’re always on my mind and so is Charlie and you will be forever.”</p> <p>“There’s so much I’d like to say but mostly I want to say I’m sorry, and I’m sorry Charlie.”</p> <p>Judge Joanne Tracey is still considering an appropriate sentence for Randhawa, who is out on bail.</p> <p><em>Image credits: SA Police / Facebook</em></p>

Family & Pets

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Making art is a uniquely human act, and one that provides a wellspring of health benefits

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/girija-kaimal-1486183">Girija Kaimal</a>, <a href="https://theconversation.com/institutions/drexel-university-1074">Drexel University</a></em></p> <p>When you think about the word “art,” what comes to mind? A child’s artwork pinned to the fridge? A favorite artist whose work always inspires? Abstract art that is hard to understand?</p> <p>Each of these assumes that making art is something that other people do, such as children or “those with talent.”</p> <p>However, as I explain in my book “<a href="https://global.oup.com/academic/product/the-expressive-instinct-9780197646229?q=the%20expressive%20instinct&amp;lang=en&amp;cc=ca">The Expressive Instinct</a>,” art is intrinsic to human evolution and history. Just as sports or workouts exercise the body, creating art exercises the imagination and is essential to mental as well as physical well-being.</p> <p>I am a <a href="https://scholar.google.com/citations?user=C8R2XOYAAAAJ&amp;hl=en">professor of art therapy</a> who studies how creative self-expression affects physical and emotional health. In our clinical research studies, my colleagues and I are finding that any form of creative self-expression – including drawing, painting, fiber arts, woodworking or photography – can <a href="https://doi.org/10.1080/08322473.2017.1375827">reduce stress</a>, improve mood and increase self-confidence.</p> <p>As a sickly child who needed to stay home from school a lot, I found that making art helped me cope. Today, creating art is my sanctuary. I use it as a sounding board to better understand myself and a way to recharge and learn from the challenges of life.</p> <h2>The uniquely human attribute of creativity</h2> <p>Although everyone has their own concept of what defines art, one thing is universally true: Creativity is a defining feature of the human species.</p> <p>How so? Well, human brains are not computers processing data. They are biological prediction machines that perceive the environment through memories and the senses, with the capacity to <a href="https://doi.org/10.3389/fnhum.2010.00025">use that information to imagine</a> plausible future scenarios.</p> <p>These inherent predictive and imaginative capacities are the wellspring of humanity’s abilities to survive and thrive – because self-expression is a safety valve that helps us cope with uncertainty. No one truly knows the future; they must live each day not sure of what will happen tomorrow. Art can help us all practice this imaginative muscle in a useful way.</p> <p>In our study examining brain activity while using virtual reality tools to create 3-D digital artwork, my team demonstrated that <a href="https://doi.org/10.1080/07421656.2021.1957341">creative expression is a natural state of being</a>. The brain naturally uses fewer cognitive resources to be expressive and creative, compared with the <a href="https://doi.org/10.1080/07421656.2021.1957341">brain power needed to do a rote task</a> that requires conscious effort.</p> <p>Seemingly ordinary everyday activities can provide opportunities to tap into one’s natural creativity and imagination: whipping up a meal from leftovers, figuring out an alternate route to work, dancing a little jig in response to hearing a song, or planting and tending a garden.</p> <p>We have repeatedly found in our studies that even a single session of real and honest self-expression can improve self-confidence and <a href="https://doi.org/10.1177/1534735420912835">reduce feelings of stress</a>, <a href="https://doi.org/10.1016/j.ejon.2019.08.006">anxiety and burnout</a>.</p> <p>This is partly because <a href="https://doi.org/10.1016/j.aip.2017.05.004">creativity activates reward pathways</a> in the brain. Using our hands and bodies to express ourselves activates dopamine pathways and helps us feel good. Dopamine is a neural messenger that is associated with feeling a <a href="https://doi.org/10.1016%2Fj.ajpath.2015.09.023">sense of hope, accomplishment or reward</a>. Our brains are wired to secrete <a href="https://theconversation.com/why-does-experiencing-flow-feel-so-good-a-communication-scientist-explains-173505">feel-good hormones whenever we move</a>, create something or engage in any type of expressive activity.</p> <p>Tapping into the creative resources within is <a href="https://theconversation.com/drawing-making-music-and-writing-poetry-can-support-healing-and-bring-more-humanity-to-health-care-in-us-hospitals-204684">one of the most underrated seeds of well-being</a> in the world.</p> <p>By comparison, bottling up or <a href="https://www.scientificamerican.com/article/why-the-secrets-you-keep-are-hurting-you/">denying these feelings can cause distress</a>, anxiety and fear because we have not processed and expressed them. This is probably one of the reasons why every community around the world has its own creative and expressive practices. Even our ancestors in Indigenous communities all around the world intuitively knew that <a href="https://doi.org/10.1016/j.aip.2021.101879">self-expression was essential</a> to emotional health and social connection.</p> <p>Being unable to share our lives, <a href="https://www.scientificamerican.com/article/why-the-secrets-you-keep-are-hurting-you/">keeping secrets</a> and feeling isolated and lonely tend <a href="https://doi.org/10.1016/j.neubiorev.2020.02.002">to worsen our health</a>. To our brains, social isolation feels like a chronic disease because it interprets this loneliness and inability to express as a threat to survival.</p> <p>Since creative expression can engage the senses, it can also be a body workout: a sensual as well as emotional and cognitive experience. Being active in expression – be it art, music, dance, drama, writing, culinary arts or working with nature – imparts a sense of confidence and hope that <a href="https://global.oup.com/academic/product/the-expressive-instinct-9780197646229?q=the%20expressive%20instinct&amp;lang=en&amp;cc=ca">challenges can be navigated and overcome</a>.</p> <h2>The role of art therapy</h2> <p>Given the integral role of art in our lives, it makes sense that making art can help people manage transitions, adversity and trauma, such as the stresses of puberty, the death of a loved one or <a href="https://doi.org/10.1016/j.ejon.2019.08.006">experiencing a serious illness</a>.</p> <p>According to a global study, 1 in 2 people will experience a <a href="https://doi.org/10.1016/S2215-0366(23)00193-1">mental-health-related challenge in their lifetime</a>, whether from life’s challenges, genetic predispositions or a combination of the two.</p> <p>This is where art therapy can come in. Art therapy is <a href="https://arttherapy.org/about-art-therapy/">a regulated mental health profession</a> in which clinical psychotherapists with extensive clinical training offer psychotherapy to patients with diagnosed mental health needs.</p> <p>The origins of art therapy go back to <a href="https://doi.org/10.1136/bmjopen-2017-021448">attempts to treat soldiers struggling with post-traumatic stress</a> during the 20th century’s two world wars. Today there is evidence that traumatic experiences tend to be stored as <a href="http://orcid.org/0000-0002-7316-0473">sounds, images and physical sensations</a> in the brain. When someone <a href="https://doi.org/10.1001/jama.2019.20825">lacks the words</a> to process these experiences through traditional talk therapy, art therapy can provide an indirect way to express and externalize those feelings and memories.</p> <figure><iframe src="https://www.youtube.com/embed/e-IiUcUVAwk?wmode=transparent&amp;start=3" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe><figcaption><span class="caption">The process of making art can help people process feelings that they aren’t able to put into words.</span></figcaption></figure> <p>One of art therapy’s unique strengths is that it provides nonverbal ways of communicating, processing and eventually managing the symptoms of post-traumatic stress disorder, or PTSD. In fact, in a recent study, my team has found that a personal history of trauma is related to <a href="https://doi.org/10.3389/fpsyg.2024.1337927">how people react to evocative images</a>. Images of distress and pain resonate with us when we have known similar kinds of distress ourselves. This implies that our life stories make us sensitized to distress in others and even personalize it more.</p> <p>Creative self-expression is especially relevant in coping with trauma because it provides an outlet through which a person <a href="https://doi.org/10.1177/1534735420912835">can regain a sense of agency</a> and control.</p> <h2>How to bring creativity into daily life</h2> <p>For those new to exploring art as a creative pursuit or for well-being reasons, engaging in creative activities begins with letting go of unrealistic expectations. Being creative isn’t about becoming a famous artist or even a mediocre one. It is about allowing ourselves to flex the creative muscle that we all have and enjoying all the sensory and emotional aspects of imagining.</p> <p>Next, think about activities that made you feel free to explore when you were a child. Did you like singing, playing in the outdoors, dancing, making up pretend plays, or writing little tales? Allow yourself to indulge in any and all of these creative pursuits that made you feel relaxed and joyful.</p> <p>A <a href="https://doi.org/10.1016/j.aip.2021.101879">cultural tradition</a>, tinkering with electronics, making a gift for someone or simply paying attention to everyday beauty – any of these can be a creative activity. And just like any muscle, the more you exercise it, the stronger it becomes. Over time, you will notice yourself getting more confident and adventurous in your creative practices.</p> <p>Whatever it is, make time for this creative pursuit every week – which is possibly the hardest step of them all. If it seems “unimportant” compared with the demands of daily life, such as work or family, try thinking of it as another form of sustenance.</p> <p>Remember that creativity is just as critical to human health as <a href="https://theconversation.com/helping-children-eat-healthier-foods-may-begin-with-getting-parents-to-do-the-same-research-suggests-225157">eating nutritious meals</a> or <a href="https://theconversation.com/yoga-modern-research-shows-a-variety-of-benefits-to-both-body-and-mind-from-the-ancient-practice-197662">getting exercise</a> and <a href="https://theconversation.com/whats-the-best-diet-for-healthy-sleep-a-nutritional-epidemiologist-explains-what-food-choices-will-help-you-get-more-restful-zs-219955">good rest</a>. So as the Latin saying goes: “Plene vivere.” Live fully.</p> <p><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/girija-kaimal-1486183">Girija Kaimal</a>, Professor of Art Therapy Research, <a href="https://theconversation.com/institutions/drexel-university-1074">Drexel University</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/making-art-is-a-uniquely-human-act-and-one-that-provides-a-wellspring-of-health-benefits-219091">original article</a>.</em></p> </div>

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