The August 2011 Part of the Criminal Law Journal contains a range of interesting material on various topics related to criminal law in Australia. The first article provides an analysis of whether offences related to electronic transactions should be considered as theft or fraud. The second article considers the scope of the law of manslaughter to respond to deaths at work. There is also a Case and comment section on marital rape, a digest of criminal law cases and Phillips’ brief.
The June issue of the Criminal Law Journal contains some interesting articles on various aspects of criminal law. These include articles on restorative justice with relation to environmental crime, an analysis of judge alone trials in Australia and recent developments in Canadian criminal law.
By Stanley Yeo. Should police efficacy in affording protection be a relevant issue, who is to assess this matter – the court (be it judge or jury) or the accused? Should reasonable grounds be required, how is this matter to be dealt with from an evidential point of view? These were some of the questions which were raised in the High Court of Australia case of Taiapa v The Queen.
By Jacqueline Horan and Jane Goodman-Delahunty. This article reviews peremptory challenge procedures in use in Australian jurisdictions. The authors argue that the rising popularity of empanelling by number and other new conditions under which the jury system operates obviate the need for peremptory challenges in contemporary trials.
By Heather Douglas. This article explores the sentencing response to defendants who have Foetal Alcohol Spectrum Disorder (FASD). FASD is the umbrella term for a range of effects that result from exposure to maternal alcohol consumption during gestation.