*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Criminal Law Journal (Volume 37 Part 4) contains the following material:
- Biffing with impunity: Reflections on boxing, rugby and State of Origin – Simon Bronitt
Jurisdiction over criminal acts on cruise ships: Perhaps, perhaps, perhaps? – Kate Lewins and Nick Gaskell
Crimes committed on board a ship, particularly when at sea, pose a more dynamic legal scenario than the same crime committed on land. A ship is subject to the laws of its flag state, but a criminal act committed on board will almost inevitably lead to an overlap in jurisdictional claims. This article considers the various factors that determine when and whether states other than the flag state may claim jurisdiction to prosecute criminal acts committed at sea, and compares the claimed extra-territorial operation in the domestic laws of four states. It also considers the recent introduction of cruise ship regulation in the United States, the moves to introduce guidelines in Europe, and supports the momentum building towards regulation of the cruise ship industry in Australia.
Involving juries in sentencing: Insights from the Tasmanian jury study – Kate Warner and Julia Davis
This article reviews the findings of the Tasmanian jury sentencing study that are relevant to the debate about directly involving juries in sentencing outcomes, a debate that has been revived by a proposal to allow juries in Victoria to recommend a minimum non-parole period. The results support the conclusion of the New South Wales Law Reform Commission that proposals to involve juries directly in sentencing decisions would encounter considerable practical and procedural problems and would raise concerns about the fairness of the process.
- Field v The Queen – Anita Killeen
- The severest provocation – Amanda Nettelbeck