Digest of criminal law cases

Criminal Law Journal update: Vol 43 Pt 2

By Journal Alerts on June 11, 2019

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.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Andrew Dyer, Case and Comment, compulsorily obtained material and interference with criminal processes, Crim LJ, Daniel McCord, Digest of criminal law cases, Editorial, Gabrielle Wolf, Lazarus litigation, Matthew Groves, Mirko Bagaric, procedural alternatives to the "binary" outcome, Rachel Deane, reforms that will reduce prison numbers under Trump administration, s 2A(2)(a) of the Criminal Code Act 1924 (Tas), s 61HE of the Crimes Act 1900 (NSW), sentencing laws in the US, sexual assault reform in NSW, Simon Frauenfelder, Strickland (A Pseudonym) v Commonwealth Director of Public Prosecutions, Victoria's "One Punch" homicide laws | Leave a response

Criminal Law Journal update: Vol 43 Pt 1

By Journal Alerts on April 2, 2019

The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2018: Outcomes and Jurisprudence” – Mirko Bagaric; “Will Australia Raise the Minimum Age of Criminal Responsibility?” – Thomas Crofts; and “More, Longer, Tougher … or Is It Finally Time for a Different Approach to the Post-sentence Management of Sex Offenders in Australia?” – Lorana Bartels, Jamie Walvisch and Kelly Richards. Also in this Part is an Editorial on parole without hope and the desirability of capping the maximum length of prison terms in light of the Gargasoulas Sentence; Legislation Comment: “20 Years of Torture: Reflections on s 320A of Queensland’s Criminal Code” – Andreas Schloenhardt, Joseph Lelliott, Anna Kretowicz, Omar Harduwar, Rory McFadden and Greta Sweeney; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Andreas Schloenhardt, Anna Kretowicz, capping maximum length of prison terms, Chaperone Programs, Circles of Support and Accountability (CoSA), Crim LJ, Digest of criminal law cases, Editorial, Gargasoulas Sentence, Greta Sweeney, High Court on crime in 2018, Jamie Walvisch, Joseph Lelliott, Kelly Richards, legislation comment, Lorana Bartels, minimum age of criminal responsibility, Mirko Bagaric, Omar Harduwar, parole without hope, post-sentence management of sex offenders in Australia, Rory McFadden, s 320A of Queensland’s Criminal Code, Support and Awareness Groups (SAAGs), Thomas Crofts | Leave a response

Criminal Law Journal update: Vol 42 Pt 6

By Journal Alerts on February 4, 2019

The latest Part of the Criminal Law Journal includes the following articles: “A Life without Hope – The Victorian Charter and Parole” – Matthew Groves; and “Just Attribution of Criminal Liability: Consideration of Extended Joint Criminal Enterprise Post-Miller” – Jenny Richards and Luke McNamara. Also in this Part is an Editorial on permanent stays of criminal cases and public confidence in the courts; Case and Comment: “DS v The Queen: Tendency and Doli Incapax” – Sam Hartridge; Sentencing Review 2017-2018 – Lorana Bartels; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Case and Comment, Charter of Human Rights and Responsibilities 2006 (Vic), Crim LJ, Digest of criminal law cases, DS v The Queen, Editorial, extended joint criminal enterprise (EJCE), Jenny Richards, Lorana Bartels, Luke McNamara, Matthew Groves, Minogue v Victoria (2018) 92 ALJR 668 [79]; [2018] HCA 27, Sam Hartridge, Sentencing and Review, Victorian Charter and parole | Leave a response

Criminal Law Journal update: Vol 42 Pt 5

By Journal Alerts on November 30, 2018

The latest Part of the Criminal Law Journal includes the following articles: “The Judge as Cartographer and Guide: The Role of Fact-based Directions in Improving Juror Comprehension” – Jonathan Clough, Ben Spivak, James R P Ogloff, Yvette Tinsley and Warren Young; “Why ‘Ad Hoc Experts’ Should Not Provide Transcripts of Indistinct Forensic Audio, and a Proposal for a Better Approach” – Peter French and Helen Fraser; “Digital Access to Justice from Prison: Is There a Right to Technology?” – Dr Carolyn McKay; and “Corporate Crime and Regulatory Discretion: Rethinking the Use of Criminal, Civil and Administrative Penalties” – Brendon O’Neill. Also in this Part is an Editorial on the causes of the “revolving door” phenomenon in Australia’s custodial institutions; Obituary: The Hon Sir Laurence Street AC KCMG QC; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged "fact-based" approach to jury instructions, ad hoc experts in criminal trials, Ben Spivak, Brendon O'Neill, causes of the "revolving door" phenomenon in custodial services, corporate crime and regulatory discretion, Crim LJ, Digest of criminal law cases, digital access from prison, Dr Carolyn McKay, Editorial, Helen Fraser, indistinct forensic audio recordings, James R P Ogloff, Jonathan Clough, Obituary, Peter French, The Hon Michael Kirby AC CMG, The Hon Sir Laurence Street AC KCMG QC, Warren Young, Yvette Tinsley | Leave a response

Criminal Law Journal update: Vol 42 Pt 4

By Journal Alerts on October 22, 2018

The latest Part of the Criminal Law Journal includes the following articles: “Calibrating the Scales of Justice: Inferences on Prohibited Drug Manufacture” – Gary Edmond and D Brynn Hibbert; and “Propensity Evidence Reform after the Royal Commission into Child Sexual Abuse” – David Hamer. Also in this Part is an Editorial on rethinking corporation prosecution; Legislation Comment: “Derivative Liability and South Australia’s New Firearms Law: ‘Inherently Dangerous’ or the ‘Best Gun Laws in the Country’?” – Kellie Toole and David Plater; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Crim LJ, D Brynn Hibbert, David Hamer, David Plater, derivative liability, Digest of criminal law cases, Editorial, exclusion of propensity evidence obstacles in child sex offence prosecutions, Gary Edmond, Guest Editor Simon Bronitt, Kellie Toole, legislation comment, propensity evidence, rethinking corporation prosecution, review of evidence and proof in prosecutions under the Drug Misuse and Trafficking Act 1985 (NSW), review of issues on the manufacture of prohibited drugs, Simon Bronitt, South Australia's new firearms Law, Taub v The Queen | Leave a response

Criminal Law Journal update: Vol 42 Pt 3

By Journal Alerts on August 1, 2018

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.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Aneta Peretko, appellate authority on the role of the prosecutor, Case and Comment, Crim LJ, crime prevention and offender rehabilitation in the UK, Daniel Rigden, Digest of criminal law cases, Dr Hadeel Al-Alosi, Editorial, Hughes v The Queen (Hughes), incomplete right to counsel in criminal trials, keeping vulnerable people out of the courts, Kieran Fitzgerald, legislation comment, Matthew Groves, Mirko Bagaric, New South Wales (NSW) child abuse material legislation, Police Powers and Responsibilities (Commonwealth Games) Amendment Act 2017 (Qld), recidivism and vulnerable offenders, s 101.6(1) of the Criminal Code (Cth), sentencing young people for federal terrorism offences, Stephen Odgers SC, Tamara Walsh | Leave a response

Criminal Law Journal update: Vol 42 Pt 1

By Journal Alerts on March 15, 2018

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.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged 2017 High Court decisions on criminal matters, analysis and jurisprudence, Arie Freiberg, Australian incarceration levels, Caroline Spiranovic, contribution of the Senate to criminal law reform, Crim LJ, delay as mitigating factor in sentencing, Digest of criminal law cases, Dr Marcus Smith, Editorial, Gabrielle Wolf, incarceration crisis in the United States, Julia Davis, Kate Warner, Mirko Bagaric, Productivity Commission Report, recidivism rate, sentencing severity, Stephen Odgers, Theo Alexander | Leave a response

Criminal Law Journal update: Vol 41 Pt 6

By Journal Alerts on February 21, 2018

The latest Part of the Criminal Law Journal includes the following articles: “Separating the Inseparable? An Empirical Study of Australia’s Approach to Comorbidity and Criminal Responsibility” – Christina White; and “Sentencing Review 2016–2017” – Lorana Bartels. Also in this Part is an Editorial on “Criminal Justice Reforms in NSW” by Stephen Odgers; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Christina White, comorbidity and criminal responsibility, Crim LJ, criminal justice reforms in NSW, defence of mental illness, Digest of criminal law cases, drug-induced psychosis, Editorial, intoxication and mental illness, Lorana Bartels, mental impairment, moral fault and character judgment, recent High Court decisions, reforms to legislative policy, sentencing review 2016-2017, Stephen Odgers | Leave a response

Criminal Law Journal update: Vol 41 Pt 5

By Journal Alerts on January 11, 2018

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged algorithms for sentencing determinations, artificial intelligence in legal practice, Case and Comment, changes to the tendency rule, Contemporary Comment, Crim LJ, Criminal Law and Art Fraud, Dan Hunter, David Lusty, Digest of criminal law cases, Dr Chris Davies, Dr Nigel Stobbs, Editorial, Gant v The Queen [2016] VSCA 340, Gant v The Queen [2017] VSCA 104, Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, Jill Hunter, Mark Finnane, McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729, Michael Heath, Mirko Bagaric, Phillips' Brief, Richard I Kemp, Royal Commission into Institutional Responses to Child Sexual Abuse, The Prisoner's Dilemma, The Third Degree | Leave a response

Criminal Law Journal update: Vol 41 Pt 3

By Journal Alerts on August 11, 2017

The latest Part of the Criminal Law Journal includes the following articles: “Reconsidering Pre-trial Questioning as a Measure to Address Prejudicial Pre-trial Publicity in Victoria” – Anna Belgiorno-Nettis; and “Accommodating Impairments in Empathy in the Sentencing of Individuals with Autism Spectrum Disorder” – Joanna Connolly. Also in this Part is an Editorial on “A Guilty Mind”; Contemporary Comment on “Interpreters in the Criminal Courts of Scotland”; Book Review; and a Digest of Criminal Law Cases.

Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Anna Belgiorno-Nettis, Aubrey v The Queen [2017] HCA 18, Australian Securities and Investments Commission v Whitebox Trading Pty Ltd (No 3) [2017] FCA 429, autism spectrum disorder, awareness of risk, BA v Attorney-General (Cth) [2017] VSC 259, book review, Bouch v The Queen [2017] VSCA 86, Contemporary Comment, Crim LJ, criminal courts of Scotland, criminal responsibility, Digest of criminal law cases, DNA Evidence in the Australian Legal System, Editorial, guilty mind, interpreters, Jessica Ritchie, Joanna Connolly, Marcus Smith, Pickering v The Queen [2017] HCA 17, pre-trial questioning, prejudicial pre-trial publicity, Robert Shiels, sentencing, Smith v The Queen; R v Afford [2017] HCA 19, social and emotional impairments, Stephen Odgers, Tootle v The Queen [2017] NSWCCA 103, Traljesic v Bosnia and Herzegovina [2017] FCAFC 70, Uber BV v Howarth [2017] NSWSC 54, Weber v Director of Public Prosecutions (Vic) [2017] VSCA 93 | Leave a response

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