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.
Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged A Brief History of Art, Carmel O'Sullivan, Caroline Spiranovic, Crim LJ, Deferred Prosecution Agreements (DPAs), deterring corporate crime through DPAs, Dr Saskia Hufnagel, Editorial, excessive favouring of police discretion over clear rules, Fraud and the Framing of Law, Karen Gelb, Lorana Bartels, Mark Finnane, Mark Lauchs, Mark Lewis, Phillips' Brief, re-thinking non-parole periods, review of bail legislation in Australia, Rick Sarre, Shannon Dodd, Stephen Odgers, Suzanne Martinez, The (Ir)Relevance at Sentence that a Matter Could Have been Dealt with Summarily: The NSWCCA’s Recent Examination of this “Principle” |
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: “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.
Posted in Criminal Law Journal (Crim LJ), Journals, Update Summaries | Tagged Alqudsi v The Queen (2016) 90 ALJR 711; [2016] HCA 24, Anthony Gray, Benjamin Tomasi, Case and Comment, consent to sexual intercourse, Contemporary Comment, Crim LJ, cross-examination, Digest of criminal law cases, Editorial, extended joint criminal enterprise liability, fair trial principles, Gail Mason, James Monaghan, knowledge of consent, limits of criminal advocacy, Mark Finnane, McAuliffe v The Queen (1995) 183 CLR 108; 79 A Crim R 229, Miller v The Queen; Smith v The Queen; Presley v DPP (SA) [2016] HCA 30, Phillips' Brief, presumption of innocence, protection of trial by jury, R v Holt (1898), recklessness, Robert S Shiels, section 61HA(3)(c) of the Crimes Act 1900 (NSW), section 80 of the Constitution, Stephen Odgers, vulnerable witnesses, wrongful conviction |
The latest Part of the Criminal Law Journal includes the following content: “Misconduct in public office and directors of public entities in Victoria” – Dr Marco Bini; “Towards coherent co-presentation of expert evidence in criminal trials: Experiences of communication between forensic scientists and legal practitioners” – Loene Howes; Phillips’ Brief: “Patriarchal terrorism and burning women at the stake: The petty treason of Elizabeth Herring 1773” – Heather Douglas and Simon Bronitt; and Digest of Criminal Law Cases.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged co-presentation of expert evidence in criminal trials, co-presentation of expert evidence to jury, commercialised public entities, Crim LJ, criminal justice system, Digest of criminal law cases, directors of public entities, Dr Marco Bini, Editorial, Elizabeth Herring 1773, forensic scientists and legal practitioners, Heather Douglas, indigenous over-imprisonment, Loene Howes, misconduct in public office, non-statutory entities, officials, patriarchal terrorism, petty treason, Phillips' Brief, public officers, Simon Bronitt, solutions, statutory non-commercial public entities, Victoria |
The latest Part of the Criminal Law Journal includes the following content: “Issues for the defence in trials with pre-recording of the evidence of vulnerable witnesses” – Scott Corish; “Prosecutors’ perceptions of the utility of video-evidence for adult complainants of sexual assault” – Nina J Westera and Martine B Powell; “The limited impact of Facebook and the displacement effect on the admissibility of identification evidence” – Paul McGorrery; Phillips’ Brief: “The special jury in Australia” – Alana Piper; Book review: Power of Persuasion: Essays by a Very Public Lawyer by Sir Louis Blom-Cooper QC, reviewed by Gilles Renaud; and Digest of Recent Criminal Cases.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged admissibility of evidence, Alana Piper, book review, Crim LJ, defence lawyers, Digest of Recent Criminal Cases, displacement effect, Facebook, Gilles Renaud, Martine B Powell, Nina J Westera, Paul McGorrery, Phillips' Brief, pre-recording evidence, Scott Corish, sexual assault, special jury, Uniform Evidence Law, utility of video evidence |
The latest Part of the Criminal Law Journal includes the following articles: “Please mind the gap: An assessment of fatal “one punch” provisions in Australia” – Dr Andrew Hemming; and “A comparative study on the offence of “maintaining a sexual relationship with a child” in the Northern Territory and Queensland” – Alannah Brown. Also in this Part is an editorial about the capital punishment debate; a Phillips’ Brief section about criminal responsibility of a “failed cadet soldier”; a book review of “Crime and Justice in America 1975–2025” edited by Michael Tonry; a digest of criminal law cases; and an obituary for Fiori Rinaldi AM.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged "one punch" provisions, Alannah Brown, Arlie Loughan, book review, capital punishment, Crim LJ, criminal responsibility, Digest of criminal law cases, Dr Andrew Hemming, Fiori Rinaldi AM, Gilles Renaud, maintaining a sexual relationship with a child, Obituary, Phillips' Brief, s 131A of the Criminal Code Act 1983 (NT), s 229B of the Criminal Code Act 1899 (Qld), The Hon Michael Kirby AC CMG |
The last Part of the Criminal Law Journal for 2014 includes an editorial on drug law reform, an article by David Lusty which presents a comprehensive analysis of the common law offence of misconduct in public office, drawing upon historical precedents and contemporary case law from around the world, a sentencing review for 2013-2014 by Kate Warner, a Digest of Criminal Law Cases, a comment on the animal cruelty case of New Zealand Police v Heka and a Phillips’ Brief section.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged animal cruelty, Anita Killeen, common law, Crim LJ, David Lusty, Digest of criminal law cases, Dr Alana Piper, drug law, Kate Warner, misconduct, New Zealand Police v Heka, Phillips' Brief, public office, sentencing review |
The first Part of the Criminal Law Journal for 2014 includes the following articles: “The High Court on crime in 2013: Analysis and jurisprudence” – Stephen Odgers; “The Thomas Kelly case: Why a “one punch” law is not the answer” – Dr Julia Quilter; and “Retrospective on Ridgeway: Governing principles of controlled operations” – Brendon Murphy. There is also an Editorial by General Editor Mirko Bagaric about the need to increase to penalties for “king hit” killings and wider implications for the sentencing system, a digest of criminal law cases and a Phillips’ Brief section.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged "one punch" law, Brendon Murphy, controlled operations, Crim LJ, Digest of criminal law cases, Dr Julia Quilter, High Court, Hilton bombing, jurisprudence, Kate O'Donnell, Phillips' Brief, Ridgeway, Simon Bronitt, Stephen Odgers, Thomas Kelly |
The latest Part of Crim LJ includes the following: Editorial: “Biffing with impunity: Reflections on boxing, rugby and State of Origin” – Simon Bronitt; Articles: “Jurisdiction over criminal acts on cruise ships: Perhaps, perhaps, perhaps?” – Kate Lewins and Nick Gaskell; and “Involving juries in sentencing: Insights from the Tasmanian jury study” – Kate Warner and Julia Davis. Case and Comment: Field v The Queen – Anita Killeen; Phillips’ Brief: The severest provocation – Amanda Nettelbeck; and Digest of Recent Criminal Cases.
Posted in Criminal Law Journal (Crim LJ), Update Summaries | Tagged Amanda Nettelbeck, Anita Killeen, Case and Comment, Crim LJ, cruise ships, Digest of Criminal Cases, Field v The Queen, Julia Davis, juries, jurisdiction, Kate Lewins, Kate Warner, Nick Gaskell, Phillips' Brief, provocation, sentencing, Simon Bronitt, Tasmania |
NEVER TO BE RELEASED? by Carolyn Strange Australian National University Contact: carolyn.strange@anu.edu.au “For the term of his natural life” is a phrase cemented in Australian public memory to the convict era, thanks to Marcus Clarke’s novel of the same name. In contrast the sentencing condition, “never to be released” was invented in the modern penal ...more
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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.