*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Northern Territory Law Journal (Volume 3 Part 2) contains the following material:
Ethics and etiquette – Justice Graham Hiley RFD and Kate Bulling
Expanding on the presentation given by the Hon Justice Graham Hiley at the 2015 Criminal Lawyers Association of the Northern Territory Conference, this article provides both newly admitted and more experienced practitioners with a sound basis for understanding the origins and sources of legal ethics and the potential consequences for practitioners who fall foul of their duties.
The right to silence – David Morters
This article considers the meaning of the concept, its historical origins and development in the case law, the arguments for and against modification and the effectiveness of changes that have been introduced in England and New South Wales. Finally, it expresses a conclusion about how best the balance can be struck between the interests of the individual and the state on this much debated topic.
Driving whilst disqualified – A case for change – Julian R Murphy and Hugo Moodie
This article highlights the authors’ concern at the approach of Northern Territory courts to sentencing for the offence of driving whilst disqualified. Particular concern is expressed at the impact on Indigenous Territorians. It is posited that this approach rests on an unstable precedential foundation, lacks cogent justification in sentencing principles and is an inefficacious means of protecting the public and deterring offenders. It is suggested that judicial changes or legislative intervention would be beneficial.
For the PDF version of the table of contents, click here: NTLJ Vol 3 No 2 Contents.