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 |
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 |
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 |
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 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 |
The latest Part of the Criminal Law Journal includes the following articles: “The Purposes of Punishment: How Do Judges Apply a Legislative Statement of Sentencing Purposes?” – Kate Warner, Julia Davis and Helen Cockburn; “What Australian Jurors Know and Do Not Know about Evidence of Child Sexual Abuse” – Jane Goodman-Delahunty, Natalie Martschuk and Annie Cossins; and “Recent Developments in New Zealand Criminal Law” – Warren Brookbanks. Also in this Part is an Editorial on resisting the temptation to impose harsher sanctions against young offenders; Case and Comment: “Cini v Commissioner of the Australian Federal Police [2016] VSCA 227: Nothing Soft about Australian Proceeds of Crime Jurisprudence” – Samuel J Hickey; and a Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Annie Cossins, Case and Comment, child sexual abuse, Cini v Commissioner of the Australian Federal Police [2016] VSCA 227, Crim LJ, Digest of criminal law cases, Editorial, evidence, Helen Cockburn, Jane Goodman-Delahunty, Julia Davis, jurors, Kate Warner, Mirko Bagaric, Natalie Martschuk, New Zealand criminal law, proceeds of crime, purposes of sentence, Samuel J Hickey, sentencing remarks, sentencing young offenders, Warren Brookbanks |
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2016: Outcomes and Jurisprudence” – Mirko Bagaric; and “Educating Juries or Telling Them What to Think? Credibility, Delay in Complaint, Judicial Directions and the Role of Juries” – John Willis and Marilyn McMahon. Also in this Part is an Editorial on “In Search of Principles and Processes for Sound Criminal Law-making”; Case and Comment on Zaburoni v The Queen [2016] HCA 12; Book Review; and a Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged book review, Case and Comment, Crim LJ, Deborah Kim, Digest of criminal law cases, Editorial, Family Violence and Child Protection Law in Victoria, High Court decisions 2016, John Willis, judicial directions, juries, law-making principles, Luke McNamara, Marilyn McMahon, Mirko Bagaric, Renata Alexander, sexual offences, Simon Bronitt, Zaburoni v The Queen [2016] HCA 12 |
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on crime in 2014: Outcomes and jurisprudence” – Mirko Bagaric; “Sexsomnia – excusable or just insane?” – Colleen Davis; “Fitness to plead in Queensland’s youth justice system: The need for pragmatic reform” – Suzie O’Toole, Jodie O’Leary and Bruce D Watt; and “Swift and certain sanctions: Is it time for Australia to bring some HOPE into the criminal justice system?” – Lorana Bartels. Also in this Part is an editorial about the fallout from Barbaro v The Queen and a Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged automatism, Barbaro v The Queen, Bruce D Watt, Colleen Davis, Crim LJ, criminal justice system, Digest of criminal law cases, fitness to plead, Hawaii’s Opportunity Probation with Enforcement (HOPE) Program, High Court, Jodie O'Leary, jurisprudence, Lorana Bartels, Mirko Bagaric, sanctions, sexsomnia, Suzie O'Toole, youth justice system |
The June 2013 issue of the Journal of Law and Medicine is the last Part for Volume 20 and is a Special Issue about law, policy and practice concerning stored embryos in assisted reproduction. The articles cover such topics as consent, information-giving and counselling concerning stored embryos, use of stored embryos after separation or death of a partner, the destruction of stored embryos and compensation for women who provide their eggs for research, the best interests of neonates, adult guardianship, and the right to life under the European Convention on Human Rights, plus much more!
Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged adult guardianship, Alexander Green, Anita Stuhmcke, assisted reproductive treatment, Ben White, best interests, Bioethical issues, book review, compensation, Complementary Health Issues, consent, death of a partner, dementia research, Dianne Nicol, Donald Chalmers, Eloise Chandler, embryo destruction, embryo donation, European Convention on Human Rights, Isabel Karpin, IVF treatment, Jenni Millbank, JLM, Jocelyn Downie, Joy Rathjen, legal governance, Legal issues, life-sustaining treatment, Lindy Willmott, Loane Skene, medical decision-making, medical issues, Medical law reporter, Mirko Bagaric, Neera Bhatia, neonates, Nursing issues, Peter Rathjen, regenerative medicine, Richard Polkinghorn, right ot life, sexual minorities, stem cells, stored embryos, The Hon Michael Kirby AC CMG |
The latest Part of Crim LJ publishes the following material: “The High Court on crime in 2012: Outcomes and jurisprudence” – Mirko Bagaric; “Provocation: The good, the bad and the ugly” – Thomas Crofts and Arlie Loughnan; “Judicial valuation of the social costs of crime” – Andrew Torre and Scott Sherwen; and “Intellectual disabilities and the determination of fitness to plead in the magistrates’ courts” – Betheli O’Carroll. There is also an editorial discussing appeals against conviction and a Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged Andrew Torre, appeals, Arlie Loughnan, Betheli O'Carroll, Crim LJ, fitness to plead, High Court, intellectual disability, judicial valuation, jurisprudence, Mirko Bagaric, provocation, Scott Sherwen, social cost, Thomas Crofts |
The latest Part of the Criminal Law Journal includes three fascinating articles on different aspects of criminal law. The first article is by Andreas Schloenhardt and Samantha Garbutt and outlines international requirements and explores Australia’s legislative approach to criminalising organ trafficking. The second article, by Mirko Bagaric and Theo Alexander, examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives. The final article comes from Emily Kerr and analyses the contemporary “crisis” of public confidence in Australian sentencing judges, and examines the potential for recent developments in sentencing law and policy to resolve the crisis.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged Andreas Schloenhardt, Crim LJ, criminal sanctions, deterrence, Emily Kerr, international law, Mirko Bagaric, organ harvesting, public participation, rehabilitation, Samantha Garbutt, sentencing, Theo Alexander, trafficking in persons |
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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.