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The latest issue of the Criminal Law Journal (Volume 43 Part 1) contains the following material:
EDITORIAL – General Editor: Mirko Bagaric
- Reflection of Parole without Hope and the Desirability of Capping the Maximum Length of Prison Terms in Light of the Gargasoulas Sentence
Articles
The High Court on Crime in 2018: Outcomes and Jurisprudence – Mirko Bagaric
This article examines the High Court of Australia decisions in 2018 which relate to criminal matters. This systematic analysis of all High Court judgments commenced in this journal in 2010 and is undertaken annually. This article explains the principles that arise from these cases and identifies jurisprudential themes from the decisions. It also sets out the significance of the cases and the possible wider consequences of the decisions.
Will Australia Raise the Minimum Age of Criminal Responsibility? – Thomas Crofts
For many decades there have been calls for an increase in the minimum age of criminal responsibility (MACR) in Australia and in other common law jurisdictions. Despite this the State and Territory governments have largely been resilient to making any change. Such reluctance may, however, be set to change in Australia with the Government of the Northern Territory endorsing ‘in principle’ an increase in the MACR in the Northern Territory. This article examines the likelihood of the MACR being raised in the Northern Territory and theimpact this may have on the rest of Australia. It also considers what such an increase would mean for the rebuttable presumption of doli incapax which currently applies from the age of 10 until a child’s 14th birthday. This article argues that a higher minimum age level of criminal responsibility than 12 would be preferable but that this is a good step that will put the Northern Territory in line with other common law countries which have already made this change. It will also increase pressure on other Australian States and Territories and other countries which follow the traditional common law approach to raise their MACR. Finally, it argues that if the MACR is raised only to 12 the presumption of doli incapax should be retained for those aged 12 and 13.
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
In Australia, the pace of legislative reform in relation to the post-sentence management of sex offenders has been particularly frenetic since 2016. This article analyses these recent reforms, arguing that while they have been extensive in number, they have not been extensive in nature: governments have simply sought to do more of the same, even though there is little evidence to suggest that this is likely to improve community safety. By contrast, evaluations suggest that some more innovative approaches may be effective in assisting sex offenders to reintegrate into communities and in reducing re-offending. This article discusses three such approaches: Circles of Support and Accountability (CoSA); Chaperone Programs; and Support and Awareness Groups (SAAGs). It suggests that, if governments are truly committed to the goal of enhancing community safety, approaches of this nature seem a better target for public investment.
- 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
For the PDFÂ version of the table of contents, click here: Crim LJ Vol 43 No 1 Contents.
Click here to access this Part on Westlaw AU
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