The latest Part of the Criminal Law Journal includes the following articles: “How does the Australian public view parole? Results from a national survey on public attitudes towards parole and re-entry” – Robin Fitzgerald, Lorana Bartels, Arie Freiberg, Adrian Cherney and Shannon Buglar; and “Sentencing review 2015–2016” – Lorana Bartels. Also in this Part is an Editorial on “Greyhounds, sharks and prisoners, a contrast in the emergence of informed public policy”; and a Digest of Criminal Law Cases.
The presumption of innocence is as old as law itself. When Lord Blackstone postulated that it is “better that ten guilty persons escape than that one innocent suffer”, his Lordship was drawing on a long and distinguished line of legal jurisprudence including Genesis, the Code of Hammurabi and the Codex Justinianus. To protect against wrongful convictions, the criminal ...more
The latest Part of the Criminal Law Journal includes the following articles: “Reasonable reform: Understanding the knowledge of consent provision in section 61HA(3)(c) of the Crimes Act 1900 (NSW)” – James Monaghan and Gail Mason; and “Presumption of innocence in Australia: A threatened species” – Anthony Gray. Also in this Part is an Editorial on “The High Court, the common law and conceptions of justice”; Contemporary Comment on criminal advocacy; Case and Comment on Alqudsi v the Queen; Phillips’ Brief; and a Digest of Criminal Law Cases.
The latest Part of the Criminal Law Journal includes the following articles: “Australian legal responses to foreign fighters” – Keiran Hardy and George Williams; “The impact of compulsory examinations and abrogation of the privilege against self-incrimination on criminal trials” – Alice Smith. Also in this Part is an Editorial on the moderation of its approach sentencing and lessons for Australia; Book Review: “Intermediaries in the Criminal Justice System: Improving Communication for Vulnerable Witnesses and Defendants” – Emily Henderson; and a Digest of Criminal Law Cases.
Thomson Reuters is pleased to welcome Sarah McNaughton SC, newly appointed Commonwealth Director of Public Prosecutions, to the Editorial Board of the Criminal Law Journal. Sarah holds a Masters of Law from the University of Sydney, and joined the New South Wales Bar in 1996. She was appointed senior counsel in 2011 and, prior to her appointment as CDPP, was ...more
We are pleased to announce two new additions to the Criminal Law Journal team. Beginning with Issue 40(3) of the Journal, we warmly welcome criminal law expert Professor Luke McNamara as the State Editor for New South Wales and Christoph Liedermann as the Section Editor for the Digest of Criminal Law Cases. Professor Luke McNamara is a professor of law at the University of New ...more
The latest Part of the Criminal Law Journal includes the following articles: “Proving that an organisation is a ‘criminal’ organisation: R v Cluse, experiential occupational evidence and the rule against hearsay” – The Hon Justice Martin Hinton; “‘Pin the tail on the donkey’: The role of ‘role’ in sentencing for large commercial drug offences in New South Wales” – Isaac Morrison; and “Post-sentence continued detention of high-risk terrorist offenders in Australia” – Charisse Smith and Mark Nolan. Also in this Part is an Editorial on the determination regarding legal aid assistance in R v Bayley  VSC 313 (Jill Meagher case); Book Review: “The Safest Shield: Lectures, Speeches and Essays – by Lord Igor Judge – reviewed by The Hon Justice Gilles Renaud; and a Digest of Criminal Law Cases.
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  UKSC 8;  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.
The 2016 meeting of the Criminal Law Journal Editorial Board was held on 22 March at Government House, Tasmania. Thomson Reuters and the Board are both grateful to Her Excellency Professor the Honourable Kate Warner AM, Governor of Tasmania, for hosting the event. This year marks the Journal’s 40th year in publication. The Journal was first published in 1977 and over ...more
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on crime in 2015: Analysis and jurisprudence” – Stephen Odgers; “The vagaries of construction of the carriage service offence in s 474.17 of the Commonwealth Criminal Code” – Clive Turner; and “Recent developments in Canadian criminal law” – Gerry Ferguson and Benjamin L Berger. Also in this Part is an editorial on R v Pham (2015) 90 ALJR 13;  HCA 39 and its impact on the consistent application of sentencing principles; and a Digest of Criminal Law Cases.