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.
Criminal Law Journal update: Vol 44 Pt 4
The latest Part of the Criminal Law Journal includes the following articles: “Is There Any Prospect of a Model Provision for Similar Fact/Propensity Evidence or the Coincidence/Tendency Rules in Australia?” – Andrew Hemming; “Memory Science in the Pell Appeals: Impossibility, Timing, Inconsistencies” – Jane Goodman-Delahunty, Natalie Martschuk and Mark Nolan; and “Bail in the Time of COVID-19” – Dr Brendon Murphy and Tahlia Ferrari. Also in this Part are the following sections: Editorial: “COVID-19 and Early Global Decarceration Trends”; Phillip’s Brief: “The Wrong Side of the Road – Australia’s First Driver Convicted of Felony Murder: The State of Western Australia v King [2020] WASCSR 20” – Dr Kerry King; and Digest of Criminal Law Cases.
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 44 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “Criminalising Corporate Failures to Prevent Foreign Bribery by Non-Controlled Associates – A Net Cast Too Wide” – Mark Lewis; “Bribes and Prejudice: The Limits of the Jury Secrecy Rule after Smith” – Edward McGinness; “Comparing Silence Rights in the Northern Territory and New South Wales” – Eugene Schofield-Georgeson and Torrington Callan; and “Institutional Responses to the Sentencing Recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse” – Arie Freiberg. Also in this Part is an Editorial: “Vexatious Criminal Appeals”; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 44 Pt 1
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2019: Analysis and Jurisprudence” – Stephen Odgers; “More Scope for Murder: Reckless Indifference in Queensland’s Criminal Code” – Joseph Lelliott, Andreas Schloenhardt, Lauren Causer and Madeleine Skeen; “Respects of Character” – Greg Taylor; “The Futility of a “Hug” from the Commonwealth: Property Restraining Orders and the Fight for Victim Compensation under the Commonwealth Proceeds of Crime Legislation” – Natalie Skead, Sarah Murray and Tamara Tulich; and “Sentencing Developments in the United States in 2019: Shifting from the “Tough on Crime” Mantra to (Seriously) Contemplating the Abolition of Prisons” – Mirko Bagaric, Gabrielle Wolf and Daniel McCord. Also in this Part is an Editorial: “Incarceration Trends over the Past Decade: The Need for More Effective Risk and Needs Assessments and Rehabilitative Measures”; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 5
The latest Part of the Criminal Law Journal includes the following articles: “A Case for Systemic Design in Criminal Law Techno-Regulation” – Brendan Walker-Munro; “Vulnerable Witnesses and Victoria’s Intermediary Pilot Program” – Natalia Antolak-Saper and Hannah MacPherson; and “The New Northern Territory ICAC: Better Corruption Offences, but Prevented by a Lack of Prevention” – Neil Samuel Hope, Dane Bryce Weber and Maija-Ilona Wilhelmiina Pekkanen. Also in this Part is an Editorial on a new right of appeal as a response to wrongful convictions; Sentencing Review 2018-2019; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 4
The latest Part of the Criminal Law Journal includes the following articles: “The Operation of Australian ‘One Punch’ Laws: 2008–2018” – Julia Quilter; “In Support of a Decisional Paradigm for Assisted Dying” – David Caruso, Alex Biedermann, Joëlle Vuille and Danielle Gilby; and “A Critical Analysis of the Conduct and Fault Elements in ‘Revenge Porn’ Criminalisation” – Tyrone Kirchengast and Thomas Crofts. Also in this Part is an Editorial on alternatives to short prison sentences; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “Mistakes That Negate Apparent Consent” – Andrew Dyer; “Putting Jurors First: Legislative Simplification of Jury Directions” – Greg Byrne and Chris Maxwell; and “Appeals against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v Western Australia” – David Hamer. Also in this Part is an Editorial on Indigenous incarceration and pragmatic solutions; Legislation Comment: “Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good” – Elyse Methven; and a 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.
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Criminal Law Journal update: Vol 45 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “Injustice Arising from the Unnoticed Power of Priming: How Lawyers and Even Judges can be Misled by Unreliable Transcripts of Indistinct Forensic Audio” – Helen Fraser and Yuko Kinoshita; “Check Your Privilege: The Foundation of Legal Professional Privilege within the Commonwealth Director of Public Prosecutions” – Adam Murphy; and “The Use of Victim Impact Statements in Sexual Offence Sentencing: A Critique of Judicial Practice” – Rhiannon Davies and Lorana Bartels. Also in this Part is an Editorial: “The Burden and Standard of Proof”; Contemporary Comment: “Affirmative Consent in New South Wales: Progressive Reform or Dangerous Populism?” – Andrew Dyer; and Digest of Criminal Law Cases.