The latest Part of the Criminal Law Journal includes the following articles: “Ten years of public nuisance in Queensland” – Tamara Walsh; “An analysis of the courts’ assessment of problem gambling in sentencing” – Luke D Neal; and “Penalties and punishment: People smugglers before Australian courts” – Andreas Schloenhardt and Colin Craig. Also in this Part is an editorial on the current Australian position under McAuliffe v The Queen, contrasted with the recently revised approach in R v Jogee; Ruddock v The Queen  UKSC 8;  UKPC 7; Case and Comment: “Undoing a ‘wrong turn’: The implications of R v Jogee; Ruddock v The Queen for the doctrine of extended joint criminal enterprise in Australia” – Sarah Pitney; Book Review: “Road Safety Law Victoria” by Greg Connellan, Kerryn Cockroft and Kyle McDonald – reviewed by Paul Holdenson QC; and a Digest of Criminal Law Cases.
This Part of the Northern Territory Law Journal includes the following articles based on papers originally presented at the Criminal Lawyers Association of the Northern Territory (CLANT) Conference, “Victims of the System” in Bali (June 2013): “Unnecessary suffering: Violence against Aboriginal women in the Northern Territory – A discussion of contemporary issues and possible ways forward” – Justice Jenny Blokland; “Boat people as victims of the system: Mandatory sentencing of ‘people smugglers’ – Politics or justice?” – Dina Yehia SC; “Vulnerability, risk and justice for children and young people in the Northern Territory” – Howard Bath; as well as a look at 2015 legislative reforms to summary procedure in “Recent legislative reforms to summary procedure in the Northern Territory” – Leonique Swart.
Criminal law journal editorial: The rift between the judiciary and parliament over mandatory prison terms for people smugglers
THE RIFT BETWEEN THE JUDICIARY AND PARLIAMENT OVER MANDATORY PRISON TERMS FOR PEOPLE SMUGGLERS* by Mirko Bagaric In this age of increasingly populist sentencing, it is not uncommon for politicians to criticise judges for their sentencing decisions. Invariably, the claim is that judges are too soft – and often that they are out of touch ...more
The February issue of the Criminal Law Journal includes articles on international responses to infant abandonment, neonaticide and infanticide, the application of criminal defamation to inflammatory comments made on social networking sites and the possibility of racial discrimination for Indigenous people seeking bail. Also in this issue is an editorial on the rift between the judiciary and parliament over mandatory prison terms for people smugglers, a review of the High Court decisions in 2011 related to criminal matters and a Digest of Criminal Law Cases.