Criminal Law Journal update: Vol 43 Pt 1
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.
Criminal Law Journal update: Vol 42 Pt 6
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.
Criminal Law Journal update: Vol 42 Pt 5
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.
Criminal Law Journal update: Vol 42 Pt 4
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.
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 42 Pt 1
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 6
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.
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 3
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.
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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.