The latest Part of the Criminal Law Journal includes the following articles: “Voluntary Assisted Dying and the Merits of Offence-specific Prosecutorial Guidelines in Australia” – Kerstin Braun; “Sexual Offending and the Meaning of Consent in the Queensland Criminal Code” – James Duffy; “Sentencing Developments in the United States in 2020: The Pandemic, Black Lives Matter and Further Erosion of Mass Incarceration” – Mirko Bagaric and Peter Isham; and “‘Whether the Victim Wishes the Offender to Be Released or Not Is Unimportant’: Australia and New Zealand Parole Board members’ Views of the Role of Victims of Crime” – Katherine J McLachlan. Also in this Part is an Editorial: “Reform of ‘Consent’ Law” – Stephen J Odgers; and Phillips’ Brief: “The Curious Case of a Lost Emergency: Section 119 in 1919” – Mark Finnane.
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  WASCSR 20” – Dr Kerry King; and Digest of Criminal Law Cases.
The latest Part of the Criminal Law Journal includes the following articles: “Deterring Corporate Crime through the Use of Deferred Prosecution Agreements: An Analysis of the Proposed Australian Deferred Prosecution Agreement Regime” – Mark Lewis; “Bail, Risk and Law Reform: A Review of Bail Legislation across Australia” – Lorana Bartels, Karen Gelb, Caroline Spiranovic, Rick Sarre and Shannon Dodd; and “A Spoiled Mixture: The Excessive Favouring of Police Discretion over Clear Rules by Queensland’s Consorting Laws” – Carmel O’Sullivan and Mark Lauchs. Also in this Part is an Editorial on re-thinking non-parole periods; Phillips’ Brief: “A Brief History of Art, Fraud and the Framing of Law” – Dr Saskia Hufnagel; From the CDPP: “The (Ir)Relevance at Sentence that a Matter Could Have been Dealt with Summarily: The NSWCCA’s Recent Examination of this ‘Principle'” – Suzanne Martinez; and a Digest of Criminal Law Cases.
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.