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The latest issue of the Australian Law Journal (Volume 88 Part 7) contains the following material:
Articles
Gaining public confidence in the judiciary: Sir William Portus Cullen, Chief Justice of New South Wales, 1910-1925 – Tony Cunneen
Sir William Portus Cullen was Chief Justice of New South Wales between 1910 and 1925. He was the first Australian born Chief Justice wholly educated in Australia. His career covered academic, political and legal realms. He was involved in the establishment of the Sydney University Law School. He campaigned for the Federation of Australia. He supported the admission of women as lawyers. His extended term as Acting Governor of New South Wales coincided with one of the worst periods experienced by Australians in the First World War. The sense of public duty he inherited from his family was fostered by his educational experiences, producing a lawyer of the highest calibre, with a powerful social conscience, actively involved in shaping the character of the modern Australian legal profession.
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The negation of venting in Australian sentencing: Denouncing denunciation and retribution – Professor Mirko Bagaric
Sentencing in Australia has been criticised for being too indeterminate and unpredictable. This is attributable in large part to the number of discrete sentencing objectives which, at times, overlap and at other times conflict. Moreover, there is no clear ranking of the objectives, meaning that sentencing courts have a considerable degree of latitude in imposing a sentence. The key sentencing aims are community protection, general deterrence, specific deterrence, rehabilitation, denunciation and retribution. Sentencing would be simplified and, in all likelihood, more consistent if these objectives were prioritised or reduced. This article argues that two of the objectives are superfluous to a properly constructed system of sentencing. In pragmatic terms, the main imperative of sentencing is to impose proportionate sentences: broadly, “the punishment should fit the crimeâ€. If this goal is satisfied, the objectives of denunciation and retribution are obsolete. There is no residual meaning (or purpose) to denunciation and retribution in the sentencing sense beyond the need to ensure that proportionate penalties are set. The need for retribution or denunciation can never justify the imposition of a sanction which is disproportionate to the severity of the crime. It follows, therefore, that denunciation and retribution should be abolished as sentencing objectives.
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Sections
CURRENT ISSUES – Editor: Acting Justice Peter W Young AO
- Slow news month
- The Eastman case
- Remember the basic principles
- Surveys
- Driving licences
- An acting judge considers modern litigation
- Judicial comity
- Who’s out of touch now?
- What is news?
- Judges’ notebooks
- Resignation of Assistant General Editor
CONVEYANCING AND PROPERTY – Editor: Peter Butt
- Native title and priorities: Western Australia v Brown
- Of moves and counter-moves: The modern law of notices to complete
- More moves and counter-moves
- Severance of joint tenancy
- Tenant entitled to late exercise of option to renew
- Registrar’s power to correct errors in the register – A new beginning?
FAMILY LAW – Editor: Anthony Dickey QC
- May a lawyer act for spouse or lover?
- Declaration of property interests of parties to a de facto relationship
PERSONALIA – Editor: Sienna Merope
Australian Capital Territory
- Chief Justice Terence Higgins AO
- Chief Justice Helen Murrell
INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz
- A dispute about a dispute: Watergate by Lake Burley Griffin?
COMPETITION AND CONSUMER LAW – Editor: Robert Baxt AO
- The Harper “root and branch†review: A possible new way forward for the clearance of anti-competitive mergers?
RECENT CASES – Editor: Acting Justice Peter W Young AO
- Evidence by telephone: Whether unfair
- Donatio Mortis Causa
- Destruction of foreign fishing boat: Whether justified – Consequences
- Limitation of action: What is a fraudulent breach of trust?
- Conveyancing: Essentiality of time
- Administrative law: Revocation of decisions
- Costs: Right of solicitors to be paid
- Kevin Maurice Waller
For the pdf version of the table of contents, click here:Â WAU – ALJ Vol 88 Pt 7 Contents.
