Archive for the ‘Uncategorized’ Category

Niqab and standing for the judge

November 5, 2019

Back in February 2017  I published a post about a 2016 trial in which Judge Balla of the District Court refused to allow one of the plaintiffs, Ms  Elzahed,  to give evidence with her face covered by a niqab.  In the face of the ruling about how she could give evidence, Ms Elzahed did not give evidence with the inevitable result that the plaintiffs’ case failed.

Judge Balla was also reported to have  made some remarks about Ms Elzahed’s failure to stand for the judge. This is a customary courtesy but a failure to observe it is also now potentially an offence under s 200A of the District Court Act.

Since then there has been a string of further decisions relating to this and to Ms Elzahed’s subsequent prosecution and conviction for her failure to show Judge Balla due respect by refusing to stand when the judge entered or left the court.

I have updated my original post with short details of the published decisions, but given that it is unlikely that anyone will be looking at such an ancient post, I’m also making it a freestanding post.  These are the subsequent related decisions.

Moutia Elzahed & Ors v Commonwealth of Australia and State of New South Wales [2017] NSWDC 160 (30 June 2017)

Judge Balla made a gross sum costs order against the plaintiffs of $158,706.18.

R v Elzahed (No 1) [2018] NSWLC 21 (20 February 2018)

On the second day of the trial of the charges brought against Ms Elzahed, Magistrate Huntsman dismissed a challenge to whether the prosecution had been validly brought. (This related to whether the prosecution had been validly authorised.)

R v Moutiaa Elzahed (No 2) [2018] NSWLC 13 (4 May 2018)

Magistrate Huntsman dismissed a constitutional challenge to the validity of s 200A and convicted Ms Elzahed of 9 offences under section 200A of the District Court Act.  On 11 July 2018 Ms Elzahed was sentenced to 75 hours of community service.

Elzahed v State of New South Wales [2018] NSWCA 103 (18 May 2018)

The Court of Appeal dismissed an appeal against Judge Balla’s decision not to permit Ms Elzahed to give evidence wearing the niqab.

Elzahed v Kaban [2019] NSWSC 670 (7 June 2019)

Justice Harrison dismissed Ms Elzahed’s appeal against conviction of the s 200A offences. He stood over the appeal against sentence for further consideration.

Elzahed v Kaban [2019] NSWSC 1466

29 October 2019 – Justice Harrison granted leave to Ms Elzahed to appeal against the sentence and dismissed the appeal.

Half in love

November 2, 2019

I guess it’s the time of year.

With easeful death, in case anyone is wondering about the title. Actually my feelings  are more ambivalent than that: it’s not that I’m indifferent but at present it is more others’ deaths than my own which preoccupy me and I’m not really in either an aestheticizing or religifying mood about it.

Children and party-goers have been on the streets in Halloween costumes.  Is this a third, anthropological way?   I get the impression that nobody can quite decide whether any close weekend will do – which shows that the roots of the festival are still fairly shallow here.

I’m passing on a performance of the Duruflè Requiem by the choir of St James King Street as part of a service this Saturday for All Souls.  If it were just the music, I’d be attracted, but I’m getting a bit over the religion.  Anyway, friends have taken pity on my home-alone status and invited me to dinner.  How often does that happen these days?

But I did go last Friday night to hear the SSO, conducted by Donald Runnicles, perform the Faure Requiem (the advertised headline) and (in the first half, and more importantly, to me) Strauss’s Death and Transfiguration and Four Last Songs.

My neighbour for these to my left seemed a bit wound up.  Having coughed quite liberally to clear her throat after taking her seat, she glared at me quite wildly when I essayed a much more modest (and mouth-closed) precatory throat clear.  Maybe her glare was equally a warning shot, just to make sure.

She had arrived at the last movement and betrayed her age by the difficulty she had in sitting down.  I’d say she was well into her eighties.  After the last (death referencing with the twittering piccolos) song, she sat still.  The two women to my right who had clapped between each song were impatient: “We have to get to the toilet.”   My neighbour was still slumped in her chair, eyes shut.    The man to her left and I exchanged glances.

It occurred to me that she might have timed things: “Wie sind wir wandermuede – ist dies etwa der Tod?” but I dismissed this as melodramatic, as indeed it was.

Neither my neighbour to my left nor the “bathroom”-intent women to my right returned after interval.

Then we had the Faure.  There were some great low organ notes.  Runnicles took a massive but mild approach.  That’s sort of making a virtue of necessity with a big choir and orchestra.  I think I prefer the smaller-forces more direct version, but that did not stop me enjoying it.

This post has been gestating for a while now.

On the actual night of Halloween I escaped any trick-or-treatery by hiding out for a night at The Marriage of Figaro. Afterwards Circular Quay was  abuzz with revellers disembarking from ferries.

For some there would be an extra trick because Sydney Trains was running trackwork on the Bankstown line.  We were advised over the PA to take a train to Central via St James and Museum  and change there to the Eastern Suburbs line before taking a railway replacement bus at Sydenham.  This did not strike me as the best advice since it is much easier to change to the Eastern Suburbs line at Town Hall.

In the wake of my recent European jaunt I have wised up to the possibilities of the smart phone and avoided the train replacement bus nightmare by taking a train to Petersham and then catching a 445 to Canterbury. OK,  I guess this really means that I just took my own replacement bus at my own minor additional expense.   Once I would never have dared something like that because public transport in Sydney was (and still is) so infrequent that you would have to be a bit crazy to add the extra speculative element of a change of mode – especially if you thought you might rely on a bus running to timetable.  Buses still don’t run to timetable much but it can be less of a stab in the dark now that more real-time information is available – at least when the system works.

Meanwhile, the seasons are moving on.  Jacarandas are just passing their Sydney peak.

On Wednesday I heard my first Christmas carols – some a capella numbers sung by a flash crowd of women on Martin Place Station.  It turned out they were a group drawn from the Endeavour Harmony Chorus who had just been performing at the NSW Primary Principals’ Association Conference at the Sofitel Wentworth Hotel.  On the train they filled about half of the downstairs half of a carriage.  A man prevailed upon them to give a further impromptu performance of “I am woman” which he filmed on his phone from the steps at the end.

Briefly noted

October 20, 2019

A quick round up of live performances on my recent European jaunt not so far noted on this blog:

  1. 15/09/2019 – Götterdämmerung Berlin Staatsoper

Barenboim conducting the last night of a ring cycle. It was only by chance that I discovered that tickets for single performances were being sold and I snapped one up. This was a revival of a production first mounted at La Scala.

There is something funny about arriving at a Ring Cycle part way through – it is like coming late to a party – I’m sure the impact was greater for those who’d been coming to the whole thing. Andreas Schager was the best Siegfried I have ever heard in the flesh.  He is a heldentenor who retains an Italianate quality.  There was only the slightest sign of tiring (where it always comes) in the narration immediately before Siegfried’s death.   From time to time I spotted my neighbour secretly recording some of the more famous passages on his mobile phone. Waltraud Meier was luxury casting as Second Norn and Waltraute.

I was towards the back of the stalls (Parkett) in the middle. In the horseshoe theatre there was an odd effect when singers at the back corner of the stage singing in towards the middle bounced off the walls so that a couple of times I was startled by their seemingly singing to me from a spot in the wall a little in front of me to my right.

  1. 16/09/2019 – Die Blechtrommel – Berliner Ensemble

This was a one-man show, performed by Nico Holonics, who first performed it in Frankfurt a few years ago and who has followed the BE director Oliver Rees from Frankfurt to Berlin. It is basically a play of the film (Volker Schlondorf: The Tin Drum) insofar as it selects the same highlights. There were surtitles. My friend Lars didn’t think much of it from a literary point of view. I would have rather seen an actual “ensemble” piece, but it was nevertheless a tour de force and a delight to see the BE’s surprisingly ornate theatre.

  1. 20/09/2019 – Organ recital – Altenburg Schlosskirche

(Someone else’s picture here.)

This was given by the organist of the Dresden Frauenkirche as part of a tour westwards along the A4. Altenburg was his first stop and he was finishing up the next day at Weimar and Eisenach. The organ is a Silbermann organ once played by JSB, though between his time and ours the organ was modified according to romantic tastes before being taken back to something more like its original.

Altenburg is one of those places (there are many in Germany) which used to be more important than it now is. The castle is perched up above the town in a “13 Clocks” kind of way.

4.    25/09/2019 – Art happening – Munich Musikhochschule

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A small group of us tailed along behind a trumpeter and a trombonist who played a complicated musical code designed to indicate the dimensions of underground tunnels surrounding the Musikhochschule and the Art Library – dating from when they were the Nazi Party headquarters in Munich.

5.    04/10/2019 – Grand Union Orchestra at Bethnal Green

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A Jazz/world-music gig in an East London church with a cut-down version of this group. What I really liked is that they didn’t have a drum kit, and so although there was an electric keyboard and bass guitar, no-one else had to be amplified and the music was therefore not too loud.

6.   05/10/2019 – Werther – ROH Covent Garden

I took D, my sister and her other half to this. Although my sister is a musician and has lived in London for about 35 years this was the first time she had been to Covent Garden. An elegant traditional production. Juan-Diego Florez in the title role was terrific – even if his voice is a bit light for the role.

When I arrived I broke up a conversation between two older men to my right and a handsome chap to my left. At the end the older chaps seemed eager to renew the acquaintance with the man to my left.

In between, when I commented on the Catholic gloss which Massenet and his librettists insert on the suicide aspect, my right-hand neighbour, from Palm Springs, informed me that he was an ex-priest who had now totally turned away from religion.

The Covent Garden audience was conspicuously full of travellers from elsewhere. One man had a Peruvian flag draped over his shoulders and afterwards I saw him waiting at the stage door – doubtless hoping to see Juan-Diego.

7.     07/10/2019 Aggripina     ROH

Directed by Barry Kosky who these days is very much in demand.

Extinction protests were causing chaos in west London. My (North-American-accented) neighbour told me she had had to get her chauffeur to drop her off to take the tube from Park Lane.

Had I not paid an extraordinary amount for my ticket, I would probably have skipped this performance on account of my severe cold. I received a (justified) glare from said neighbour at the end of the first half when a terrible rumble erupted in my throat (my mouth, at least, was still shut) in Iiestyn Davies’ beautiful (but quiet) closing number. I would have had my scarf to mute this  but it had slipped down the back of my seat when I stood to let in a latecomer.

Joyce di Donato was a sassy Aggripina. In the pit was the Orchestra of the Age of Enlightenment.

I had most anticipated Götterdämmerung but it turned out for me that the highlight of all of these was Werther. It is such a beautiful work and the fourth performance of it I have been to this year. I regret that it is likely to be at least a decade before I will have a chance (if I am spared so long)to see it again in Sydney.

Comme d’habitude

October 19, 2019

I have been back now for just over a week, nursing and trying to shake off a virulent cold.  Maybe today (just or almost) I am free of it.

I’m home alone: D is in China with his family.

Things seem very quiet after 4 weeks of travelling together and staying mostly with friends.  What paradise, after the perennial laundry anxiety/obsession of travel, to be back with my own washing machine and Sydney’s wonderful clothes-drying weather.  What a treat to be in my own bed!

Not such paradise, as I went at about 6.30pm  to catch the train at Sydenham for an SSO concert, to see 8 uniformed policemen, one detective cheerfully trying on his glove, and a police sniffer dog.  I hope I cast a sufficiently withering glance at them, though I guess they are impervious to the surely quite widespread hatred their activities inspire.

Or am I wrong?  Do Australians like being subjected to random drug checks and running the gauntlet of their scrutiny at railway stations and other public places?  Are there really smug Australians who enjoy seeing hapless young people and demi-mondaines humiliated in public?

Sylvan nocturnal bike rides (in a Park; on an away-from-roads bike path) always invoke for me a kind of standing fantasy of riding to some French-resistance plane drop.  Police with dogs at public places likewise evoke Occupation and Third Reich associations.

I cast about in vain for some further remark I might make, but my train was coming.  I didn’t even pause for long enough to take a picture of the unsavoury sight.  It’s easier to keep your head down.  That’s how these things work.

 

 

Impunito

October 1, 2019

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Last night (or afternoon really, it was a Sunday at 4.30 pm) to the Rome Opera for the above work.

As the action began, Don G and Donna Anna were post-coitally clothing themselves.  There was no suggestion that Donna A was anything but a willing participant in what had just transpired.

Things started to go badly when the Commendatore entered, a pyjama-ed figure with a walker.  He was duly dispatched with a broken-off bough from the tree (see picture below).  And then Don Ottavio entered, walking with a crutch.

OMG, I thought.  What chance does Donna A stand against the Don – her father with a walker and her boyfriend on crutches?  Are the virtuous always so impotent?

It turns out I was allowing too much to art and had not paid sufficient attention to the announcement made just before the overture. Juan Francisco Gatell, the singer playing Don Ottavio, had suffered an injury but would still be performing.  Indeed, I encountered him at the front of the theatre after the show wielding not one but two (elbow or Canadian) crutches.

But in a way my misconception was apt, because this was a production for the Trump (or possibly Berlusconi, Boris J or any number of others) age.

At the denouement  the grave lay open and God’s hand from the Sistine Chapel (we were in Rome after all, though it still smacked of Monty-Python animations) descended as a reproof ready to press Don G into it.  Don G laughingly broke the hand off at the forefinger and walked away.  When the others emerged for their final moralising Don G returned to the stage and perched in the tree.

(These are the bows.)

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There were some other good touches.  When Elvira, Anna and Ottavio donned masks, they did so by exchanging bits of each other’s costume.  No-one could have been deceived, even less given that Don O (shirtless, wearing Donna Elvira’s nun’s costume) still sported a crutch and a cast on his shin.

A bit more mysteriously to me, Don G and Leporello wore undifferentiable shiny grey suits – so what was the point of their exchanging them (which they dutifully did)?  Are all men really the same?

The first act ended with a kind of drunken orgy which elicited boos and whistles from the audience.  My neightbours (from San Francisco but they also go to the Met) did not return which was good for me as in the first half I was a bit hedged in by a pillar.

I don’t think I have heard La ci darem da mano done slower.  There were also some sedately paced sections in the last act as the (relatively) small ensemble wandered over the vast stage.  I wondered whether Mozart should really be done in such a large house.

But back to those boos and whistles – and there were a few more of both at the end.

Surely Graham Vick (the director) is not the first to realise that sociopaths often get away with it?

Back again also to Juan Francisco Gatell, who was really terrific in a role which in its big moments can be incredibly taxing and which often in my experience ends up coming across as a bit of a wimp.  JFG was up to the taxing bits and made credible assertions of his intention to bring Don G to justice.  It was not his fault that the director had other plans.

All quiet on the Inner Western front

October 1, 2019

We have been in Germany.

D has been making great progress with the language.

Back in Australia, our favourite bird is the tawny frogmouth.  D, as a Shanghainese, finds “frogmouth” a bit hard to say.  In our own little idiolect it has been rendered as “Volkmar,” the name of one of our hosts in Thuringia.  We told him and he was amused to find his name so repurposed in a far-off land.

Further south, in Munich, an old friend from Sydney was the right person to receive D’s latest breakthrough:

Danke schön, Bitte schön….

….Petersham Lewisham!

Keys to the city

September 5, 2019

This was the rather natty title for a series of concerts (even: a festival) put on by the SSO featuring visiting pianist Kirill Gerstein. There was a recital and two different concerto programs.

The “festival” seems originally been designed to showcase the SSO’s proposed new venue for the (at least) 2 years when the SOH Concert Hall will be closed for improvements, starting next year.

At first that was to be the International Convention Centre’s Darling Harbour Theatre. The SSO got a $1M grant from the NSW Govt to undertake acoustic enhancement. This turned out to have been funded as to $400K by cuts to general “peer reviewed” arts grants. Then the SSO changed plans, handed the dosh back and announced that the good old Sydney Town Hall was the chosen place. Funnily enough, this fitted the “Keys to the City” theme better than the original plan.

The recital on a Monday night at Angel Place seemed to have been a bit of an afterthought for which very attractively-priced tickets were made available. I took up the offer

I especially liked the first half:

Liszt Transcendental Étude No.7 in E-flat major ‘Eroica’, S.139
Beethoven Variations and Fugue in E-flat major, Op.35
Janacek Piano Sonata 1.X.1905, JW.8/19 ‘From the Street’

Gerstein treated the Liszt as a kind of prelude to the Beethoven – segueing straight into it. Before the Janacek he gave a little talk about how the piece was a reaction to the killing of a Czech nationalist protestor (it was an Anti-Austrian demonstration in Hapsburg Brno) and dedicated his performance to a rather funny, I suppose US-centric list of present-day victims – to the victims of mass shootings in the US (the latest were fresh news that day) and protestors in Hong Kong and Moscow. Perhaps it had been a quiet day in Gaza, which didn’t rate a mention. That’s the problem with politics in concerts – everyone will have their own list.

The neat thing about the first half was that it was was all in E flat – though the Janacek is in the minor.

The second half was more disparate though WWI hung like a bit of a shadow over some of it. I enjoyed it. I’ve left it too long to remember the encores – one was the Chopin Waltz which skips into two with the figuration cross beat.

The better of the Concerto programs for my taste was the one featuring the Gershwin and the Ravel Left Hand. It was only on once, in the daytime, and I didn’t feel free to skive off. I did catch the Gershwin on ABC Classic FM. After a blazing conclusion to the first movement the good burghers of ABC 1.30pm concert-ville remained silent, as of course all good ABC subscribers know you should. David Robertson, conducting, turned around and said “You’ve shown eminent self-control.” (here at 54:35).

I instead heard the Grieg, together with a scrap of Sibelius (En Saga) and Berlioz Symph Fant. There were two ophicleides!

In the last movement, a percussionist headed offstage. Here in the corridor on the way to the very truncated gents (and opposite where a more spacious former facility has been cannibalized by a kitchen) is what she was headed for:

symph fant bells

The SSO are obviously a bit worried about the next two years. I think they genuinely don’t know: will the Town Hall be too small, or will nobody come? And if there are people who break the habit because they don’t like the Town Hall or can’t be fitted in with nice enough seats, will they follow the orchestra back to the SOH in (the SSO says) two years’ time?

At the start we got a bit of a pep talk from Emma Dunch about next year’s subscription series and ye olde Town Hall (olde worlde) acoustic.

Well let’s wait and see about that – it is pretty boomy though sympathetic to the bass and also to the piano. The problem really is the flat floor which is bad for sight lines. The orchestral sound seems to float past above you if you sit in the front stalls and a tall person will probably block your view if you are further back.

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Ye olde air conditioning system could also do with a bit of attention to reduce its noise level.

I was not the only person dismayed by the seat I had been given – close-ish and to the side. This is the view from there:

Front side view

SSO ambassadors were mingling in the crowd and one offered me a seat in the Eastern Gallery (that’s the furthest but square-on to the stage). I found an excellent seat up there at interval. The view was splendid:

East Gallery View

but for me that’s too far away and too much is lost in the echo on the way.

Except for a few special occasions next year for which I’ve secured downstairs aisle seats on the outer side of the aisle  looking inwards, I’ve plumped for a side gallery about a third of the way down and wonder if I shouldn’t have gone even closer.  It’s a trade-off between a good balance and twisting your neck.

Time will tell.

Some peculiar properties of glass

August 13, 2019

On Friday night a couple of weeks back and with D the following Saturday to  Carriageworks to see Sydney Chamber Opera’s production of the new chamber opera, Oscar & Lucinda, based on Peter Carey’s novel. Tthe music is by Elliott Gyger and the libretto by Pierce Wilcox.  They collaborated a few years ago on an adaptation of David Malouf’s Fly away Peter, which I didn’t see.

That makes two new Australian operas seen within a fortnight of each other.  You certainly can’t say that happens often.

In comparison to Kats-Chernin’s, a member of the Dulwich Hill gang who’d been to Whiteley earlier that week described Gyger’s style as “academically approved.”

If so, not by Associate Professor Jeanell Carrigan of the Conservatorium, who didn’t think much of the music at all.

In an opera adaption surely the most important feature is the music and how well adapted to the story it is….[I]n the opinion of this reviewer, the music did not react to or reflect the action on stage or in the story.

Had one not had the visual aspect and the text ….displayed on surtitles, hearing the music would not have given the listener the effect of what was transpiring….

Gyger writes in the program notes:

The guiding metaphor for the music is one not found in the novel …In a kaleidoscope, small fragments of coloured glass fall into arbitrary relationships which are then mirrored geometrically to create the illusion of order. Different settings of the kaleidoscope generate particular harmonic colours

If this was the guiding principle behind the composition then Gyger was successful, as the music does sound like a kaleidoscope, pieces of coloured glass falling into space. However, it seemed to this listener that the music never changed to reflect the story presented.

In the love scene, the kaleidoscope of colours did not reflect a warmth normally associated with such a scene. In the death scene, which was rather protracted, the colours were again so much of the sameness of other parts of the action. What began as colourful and very exciting became uninteresting and no longer captivating.

…..

it was doubtful whether the music portrayed enough of the story line to warrant putting this story into an operatic medium.

That’s harsh.

On first listening, I had something like Carrigan’s reaction, though not as adverse.

A particular bugbear of mine with much contemporary music is that often intricate details, which can themselves be quite rhythmic (in this case, often coming from the words), are laid out against a basically time-measuring background seemingly devoid of  metre.  Where is the ritornello rhythmic pattern that we can (metaphorically) tap our feet to?  Where are the non-duple metres?

That’s probably also a stalking horse (switching metaphors in mid-stream) for regret at the absence of the straightforwardly lyrical.  Give us a song, not mere declamation!

Actually that’s an argument which goes back beyond antagonism to contemporary music.  People made that complaint about Wagner’s vocal writing, and I felt something a bit like that in relation to the constant (and ever so admired by critics as responsive to the text) recits and ariosos in The Return of Ulysses.

There is a bit of a lyricism deficit in Oscar and Lucinda – or at least there is lots of very angular and leapy music.

When I returned on Saturday – better rested than I had been on Friday and with the advantage of already having heard the music once – I found much more variety – even metrical variety – in the music than I had noticed first time around.

As for the two scenes Carrigan picked on: as to the first, her complaint should possibly be with the libretto rather than the music. It is an “in love” scene rather than a “love scene” – the whole point is that they are happy together without having declared their love to each other.  I thought the music captured this well, though perhaps you could have wished for something warmer.

The scene which Carrigan calls the “death scene” is more than that. The libretto ingeniously manages to wrap up the Miriam-Lucinda plot at the same time.  The scene is fittingly a culmination of the glass-themed style which has featured throughout the work.  True, it is a bit static (so a bit of that time-measuring that I am not so keen on) but a glass church on a barge is sinking into the river.  It’s too late to slip into a waltz.  in truth I expect Carrigan just didn’t like the style that much and by the end was sick of it.

Perhaps she should have gone again to gain a better impression.

There is more I could say about the the staging (minimalist, imaginative) and the performances (energetic, impressive, though some of the chorus-commentary harmony could have been better tempered)  and even about the music, but I’ve run out of energy for that right now.

I enjoyed both nights and they made me think about the novel afresh.  The audience was enthusiastic.  Carriageworks is a funky venue.

The ticket price of $35 was very accessible.  It was even more accessible to me because on the Friday, expecting to be too tired, I made a special trip to Carriageworks to book a ticket for the Saturday so as to be sure of one for the last night. Naively I also thought I might avoid the hated booking fee that way.  That was not to be, but there was a consolation: as I was concluding the bargain, a man returned a ticket to be given away for free.  “I’ll take it!” I cried, leaving no chance before any more tentative bystanders could put in a claim. If I flagged, I could always leave at half time secure in the knowledge I still had a ticket for the next night.  In fact, though impaired by a long day and a couple of post-work drinks I never felt the slightest bit tempted to leave.  It was totally engrossing.

Bonus!

PS: the title to this post is set by Gyger to a melodic fragment not entirely unreminiscent of “Peter Grimes I here advise.”

 

Narrow taste and the three “B”s

August 12, 2019

Our rented house has two front rooms either side of the entrance hallway.

One, called by D “the study room” (a translation of the Chinese 书房 (shufang)), contains my piano, desk, bookshelves and books.

The other is D’s bedroom.

About a year ago, D proposed these rooms  be swapped.  I wasn’t keen. One week-day a few days later I came home to find it done. D had enlisted the support of some visiting friends to move the piano and other furniture. D himself had emptied the bookshelves and then restocked them according to his own principles.

Yesterday I finally got around to re-alphabetising the piano solo portion of my music. There’s surprisingly little of it: it just about fills a single Ikea “Billy” shelf.

P1010533

That’s not all my solo piano music.  It excludes anthologies (the alphabetical order I have used is by composer), and my own personal anthologies in tatty scrap-books. These were mostly what I would have lugged to and from piano lessons in later years.

The single red  volume to the left of Beethoven Klaviersonaten I and II  (Henle, cloth bound) is one volume of a Peters edition of the Beethoven sonatas which had been given to me by my grandmother when I was about ten or eleven.  In about 1985, cycling home from a piano lesson in North Sydney, I failed to detect that I had dislodged with my heel a pannier holding its mate as well as a few other volumes. That (and the rise of photocopying) is one reason for the scrap book practice.  You can also fix up page turns more conveniently that way.

I probably have some even more tattered sheet music boxed away somewhere or in a filing cabinet.

At roughly the mid-point of the “collection” so arranged is the yellow spine of the the Schirmer edition of Cramer’s 50 Etudes.

The plastic covered blue spines which catch the light immediately to its left are Henle editions of Chopin.  To the left of Chopin, Brahms, Beethoven and Bach occupy most of the space – so about an eighth of the total for each.

There is a bit of a clump at the right for Schubert and Schumann.

Which composers take up space isn’t a direct indication of what I’ve actually played.  It’s more a question of which composers’ works I have bought in volume form.

Nevertheless, the relative under-representation of Russian and French composers (leaving aside for now that Chopin was arguably half-French) is conspicuous and probably consistent with under-representation in my repertoire.  Partly that’s because they are too hard, but I also suspect it is to do with my own musical upbringing and hence blinkers.

 

 

 

Law skool memories

July 31, 2019

Every one knows about the snail in the ginger beer bottle (though it was never actually proved to have been there) and probably a few people who dropped out of law courses can remember the Carbolic Smoke Ball case, but there are plenty of other cases that stick in one’s memory.

One came to mind today with a news story from the ABC.  A former deputy mayor is facing charges that he murdered his brother in Victoria and his mother in NSW.

In the body of the story was the following:

Cross-border crime presents ‘complex legal issues’

Mr Brand was a police prosecutor for 12 years in NSW and said he had not dealt with a serious cross-border criminal case like this before.

Excuse me!  That’s not a cross-border crime!  That’s two crimes, one on each side of a border.

To be fair, Mr Brand didn’t say it was – only the author of the sub-headline.

A cross border crime is one posed by the question, asked rhetorically of us in Criminal Law:

A man  fires a shot across the Murray River  and kills someone.  In which state has the homicide occurred?  Victoria or NSW?

The answer is: where the person was hit by the bullet.  (There are some other technicalities such as the year-and-a-day rule.  I don’t think it matters where the victim actually died.)

The more amazing thing is that there was  actually a High Court case about this.  That case is Ward v R [1980] HCA 11; (1980) 142 CLR 308.

Edward Donald Ward shot and killed Alexander Joseph Reed beside the Murray River near Echuca. He fired from the top of the steep bank of the river down at Reed, who was fishing by the river’s edge, some thirty feet below.

Ward fired from the Southern bank. He was tried and found guilty of murder in the Victorian Supreme Court. The High Court upheld his appeal because the river bed was in NSW. The border had been fixed in 1855 as being at the southern side of the “whole of the watercourse.”  The whole of the watercourse did not just mean where the water was at a particular time or even where water normally flowed, but the watercourse as defined by the banks.  Reed was killed in NSW.

This wasn’t merely academic, because if the homicide occurred in NSW Ward had available to him a defence of “diminished responsibility” which if accepted would reduce the offence from murder to manslaughter.  This defence did not exist if the case was to be tried as a crime which took place in Victoria.

So, to the ABC news site I say: come back to me when you have a real cross-border (alleged) crime to report!

I’ve found it surprisingly difficult to track down Ward’s ultimate legal fate.  The best outcome for him would have been that a plea of guilty to manslaughter was accepted.

Diminished responsibility  was abolished in NSW in 1998 and replaced with substantial impairment