Australian True Crime

Shortcut: Never To Be Released?

Release Date: January 25, 2026
Guest: Peter Breen, criminal lawyer, former NSW parliamentarian, author of Mistaken Identity or Stitch Up
Host: Meshel Laurie / Bravecasting

Episode Overview

This episode investigates the controversial “cementing in” laws in New South Wales, introduced in response to shocking murders in the 1980s. With guest Peter Breen, the episode examines the fairness of sentencing young offenders to life without parole, the legitimacy of convictions in infamous cases (notably the Janine Balding and Anita Cobby murders), and the call for a Criminal Cases Review Commission in Australia. Peter Breen argues that some of those imprisoned may be innocent, and he highlights flaws in both investigative and legislative processes.

Key Discussion Points & Insights

1. Background: Cementing In Laws & Crime Cases

• (00:00–02:23)
  • The 1986 murder of Anita Cobby and 1988 murder of Janine Balding by groups of young offenders shocked Australia.
  • In response, NSW Parliament enacted laws to keep these offenders in prison for life without parole ("cementing them in").
  • Peter Breen criticizes these special, retrospective laws as an overreach by lawmakers into judicial territory:

    "I didn't think it was within the power of lawmakers to trespass into the jurisdiction of judges by passing special laws, especially retrospective laws, affecting these guys." – Peter Breen (01:31)

2. Mistaken Identity in the Janine Balding Case

• (02:49–06:49)
  • Focus on "Shorty" Jamison (Stephen Shorty Jamison): doubted presence at the crime.
  • All co-accused maintained Jamison’s innocence from the start.
  • Surprising anecdote: When Jamison was arrested, other accused laughed, saying police arrested "the wrong Shorty." Their identification pointed to a different individual, Shorty Wells.

    "The other four all laughed...and said, ha ha, you got the wrong Shorty." – Peter Breen (05:01)

  • Crucial error: a fabricated police record of interview, which presented Jamison as eloquent, though he had clear verbal limitations.

    "It's a narrative that you just can't imagine coming out of his mouth...he talks in two or three sentences, then stops." – Peter Breen (06:49)

  • For 37 years, co-accused have maintained Jamison’s innocence.

3. Echoes in the Anita Cobby Case

• (07:28–08:47)
  • Similarities between the Cobby and Balding cases: suspect police practices and questionable interview records.
  • Detective Kevin Rao linked to both cases; both involved statements alleged by Breen to be coerced.

    "I saw the name of the detective...who...signed the false record of interview in the Jamison case... so I kind of got stuck with both cases." – Peter Breen (07:40)

  • Notably, co-offenders in the Cobby case long insisted one of the convicted, Gary Murphy, was not present (mirroring Jamison’s situation).

4. Youth Sentencing & Life Imprisonment

• (08:47–12:13)
  • Discussion on whether juveniles should ever receive life sentences without parole.
  • Noting legislative change: A similar crime today would not result in life without parole.

    "It actually wouldn't happen if they committed the same crime today as juveniles." – Peter Breen (09:05)

  • Peter Breen emphasizes the lack of maturity and impulsiveness in juveniles.
  • Risks of such sentences:
    • Removes incentive for good behaviour in prison.
    • Can increase prison violence.
    • Is considered fundamentally unjust and inhumane if inmates cannot ever be released except due to terminal illness.

    "They can't get out of jail unless they get cancer... it's just, on some level, fundamentally unjust." – Peter Breen (11:43)

5. Danger of Wrongful Convictions & Need for Systemic Review

• (12:25–13:23)
  • Focus on potential innocence of Jamison and Gary Murphy.
  • Peter Breen advocates for a Criminal Cases Review Commission (CCRC) in Australia to systematically investigate suspected miscarriages of justice:

    "It's a fully funded government body that has access to all the evidence... They're in every Commonwealth country except Australia... they've found over 500 people wrongly convicted in the UK as a result." – Peter Breen (12:42)

  • He estimates that 1-2% of prison populations are likely wrongly convicted.

6. Systemic & Moral Implications

• (13:23–14:14)
  • Critiques the utilitarian approach: keeping potentially innocent people imprisoned because of prior criminal records or to "protect" society.
  • Breen notes that case resolution has taken far too long — Jamison has been in jail for 37 years, and Breen has been working on the case for 25 years.

Notable Quotes

• On legislative overreach:

  "No matter how terrible they were, they should be punished according to the punishments at the time of their crimes, not retrospectively."
  – Peter Breen (01:31)

• On Jamison's conviction:

  "It's a narrative that you just can't imagine coming out of his mouth."
  – Peter Breen (06:49)

• On youth sentencing:

  "It's difficult, but they're still children at the end of the day, and their brains haven't properly developed."
  – Peter Breen (09:16)

• On the need for review mechanisms:

  "Only a Criminal Cases Review Commission could get to the bottom of it without going through all the dramas...like, it's been 25 years since I've been involved in his case. 25 years. And, you know, he's been in jail for 37, so it's just too long."
  – Peter Breen (13:23)

Timeline Highlights

• 00:00–02:23: Setup — Crimes, aftermath, introduction of "cementing in" laws
• 04:28–06:49: Mistaken identity details, fabricated interviews, co-accused allegations
• 07:28–08:47: Similarities between Cobby and Balding cases; questionable detective work
• 09:05–11:03: Debate on juvenile life sentences, behaviour in prison, system consequences
• 12:25–13:23: CCRC discussion, prevalence and tragedy of wrongful convictions

Memorable Moments

• The image of the accused laughing at the police for arresting the wrong "Shorty" (05:01).
• The repeated insistence from both cases’ co-accused that innocent people were convicted.
• The discovery that a detective linked to one questionable case was also prominent in another.

Conclusion

This episode of Australian True Crime delves into how the pursuit of harsh justice in the face of public outcry can lead to questionable legislation and potentially wrongful convictions. Peter Breen’s call for a Criminal Cases Review Commission in Australia highlights the need for robust oversight and the risk of leaving innocent people behind bars for life.

Further Information:

• Peter Breen's book: Mistaken Identity or Stitch Up
• Lifeline: 13 11 14
• 1800RESPECT: 1800 737 732
• 13 Yarn (Indigenous support): 13 92 76