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  UKSC 67: Test for Dishonesty in the United Kingdom Brought into Line with Australian Common Law” – David Lusty, “Gant v The Queen  VSCA 104, Gant v The Queen  VSCA 340, McBride v Christie’s Australia Pty Ltd  NSWSC 1729: Criminal Law and Art Fraud” – Dr Chris Davies; Phillips’ Brief: “The Third Degree” – Mark Finnane; 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.