Criminal Law Journal update: Vol 44 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “The Decision to Prosecute: A Comparative Analysis of Australian Prosecutorial Guidelines” – Natalie Hodgson, Judy Cashmore, Nicholas Cowdery, Jane Goodman-Delahunty, Natalie Martschuk, Patrick Parkinson, Martine B Powell and Rita Shackel; and “The Devil You Know Is Not Better – The Non-Consensual Distribution of Intimate Images and Sentencing” – Marilyn Bromberg. Also in this Part are the following sections: Editorial: “Ensuring the Reliability of Expert Evidence in Criminal Trials”; Case and Comment: “Re Broes [2020] VSC 128” – Dr Brendon Murphy; Book Review: “Expert Evidence, by Dr Ian Freckelton QC” – Reviewed by The Hon Justice Christopher Beale; and Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to Be Changed (Except in One Minor Respect)” – Andrew Dyer; “Compulsorily Obtained Material and Interference with Criminal Processes” – Simon Frauenfelder; and “United States Sentencing Developments: The World’s Largest Mass Incarcerator Goes into Decarceration Mode” – Mirko Bagaric, Gabrielle Wolf and Daniel McCord. Also in this Part is an Editorial on the first sentence imposed under Victoria’s “One Punch” homicide laws; Case and Comment: “Public Interest Immunity: Procedural Alternatives to the ‘Binary’ Outcome” – Rachel Deane; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 42 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “Australia’s Child Abuse Material Legislation: What’s the Artistic Merit Defence Got to Do with It?” – Dr Hadeel Al-Alosi; and “Keeping Vulnerable Offenders Out of the Courts: Lessons from the United Kingdom” – Tamara Walsh. Also in this Part is an Editorial on the incomplete right to counsel in criminal trials; Legislation Comment: “Police Powers and Responsibilities (Commonwealth Games) Amendment Act 2017 (Qld): Rethinking the Rules of the Games” – Daniel Rigden; Case and Comment: “Appellate Authority on the Role of the Prosecutor” – Kieran Fitzgerald and “Sentencing Young People for Federal Terrorism Offences” – Aneta Peretko; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 41 Pt 5
The latest Part of the Criminal Law Journal includes the following articles: “Proposed Changes to the Tendency Rule: A Note of Caution” – Jill Hunter and Richard I Kemp; and “Can Sentencing Be Enhanced by the Use of Artificial Intelligence?” – Dr Nigel Stobbs, Dan Hunter and Mirko Bagaric. Also in this Part is an Editorial on “Abolishing the Crime that is the Incarceration of White-Collar Offenders” by Professor Mirko Bagaric; Contemporary Comment: “The Prisoner’s Dilemma” – Michael Heath; Case and Comment: “Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67: Test for Dishonesty in the United Kingdom Brought into Line with Australian Common Law” – David Lusty, “Gant v The Queen [2017] VSCA 104, Gant v The Queen [2016] VSCA 340, McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729: Criminal Law and Art Fraud” – Dr Chris Davies; Phillips’ Brief: “The Third Degree” – Mark Finnane; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 41 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “The Purposes of Punishment: How Do Judges Apply a Legislative Statement of Sentencing Purposes?” – Kate Warner, Julia Davis and Helen Cockburn; “What Australian Jurors Know and Do Not Know about Evidence of Child Sexual Abuse” – Jane Goodman-Delahunty, Natalie Martschuk and Annie Cossins; and “Recent Developments in New Zealand Criminal Law” – Warren Brookbanks. Also in this Part is an Editorial on resisting the temptation to impose harsher sanctions against young offenders; Case and Comment: “Cini v Commissioner of the Australian Federal Police [2016] VSCA 227: Nothing Soft about Australian Proceeds of Crime Jurisprudence” – Samuel J Hickey; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 41 Pt 1
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2016: Outcomes and Jurisprudence” – Mirko Bagaric; and “Educating Juries or Telling Them What to Think? Credibility, Delay in Complaint, Judicial Directions and the Role of Juries” – John Willis and Marilyn McMahon. Also in this Part is an Editorial on “In Search of Principles and Processes for Sound Criminal Law-making”; Case and Comment on Zaburoni v The Queen [2016] HCA 12; Book Review; and a Digest of Criminal Law Cases.
Criminal Law Journal update: April 2016
The latest Part of the Criminal Law Journal includes the following articles: “Ten years of public nuisance in Queensland” – Tamara Walsh; “An analysis of the courts’ assessment of problem gambling in sentencing” – Luke D Neal; and “Penalties and punishment: People smugglers before Australian courts” – Andreas Schloenhardt and Colin Craig. Also in this Part is an editorial on the current Australian position under McAuliffe v The Queen, contrasted with the recently revised approach in R v Jogee; Ruddock v The Queen [2016] UKSC 8; [2016] UKPC 7; Case and Comment: “Undoing a ‘wrong turn’: The implications of R v Jogee; Ruddock v The Queen for the doctrine of extended joint criminal enterprise in Australia” – Sarah Pitney; Book Review: “Road Safety Law Victoria” by Greg Connellan, Kerryn Cockroft and Kyle McDonald – reviewed by Paul Holdenson QC; and a Digest of Criminal Law Cases.
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Criminal Law Journal update: Vol 44 Pt 5
The latest Part of the Criminal Law Journal includes the following articles: “Eye Movement Desensitisation and Reprocessing and Memory: A Dilemma for the Criminal Justice System” – Greg Walsh OAM; and “Bail in Extradition Proceedings” – Matthew Groves. Also in this Part are the following sections: Editorial: “Can the Pandemic Induced Fall in Prison Numbers Lead to Durable Principled Sentencing Reform?”; Case and Comment: “R v Sunderland [2020] QCA 156” – Deborah Kim; Sentencing Review: “Sentencing Review 2019–2020”; and Digest of Criminal Law Cases.