Criminal Law Journal update: Vol 46 Pt 1
By journalalerts on May 24, 2022
Tag: Mirko Bagaric
Criminal Law Journal update: Vol 45 Pt 5
By journalalerts on March 17, 2022
Posted In: Criminal Law Journal (Crim LJ) Tagged: Andry Rakotonirainy anoxic-hypoxic brain injury (AHBI) articles Australia's future road transport system automated driving system (ADS) Case and Comment Commonwealth Criminal Law and Interference with Automated Vehicles computer-controlled contemporary road vehicles Crim LJ cybercrime offences relating to unauthorised and malicious interference with computer systems Digest of criminal law cases Dr Brendan Walker-Munro Editorial Harriet Holowell installing unauthorised spyware on an ADS Kieran Tranter Mark Brady Mirko Bagaric myths and misconceptions about NFS non-fatal strangulation (NFS) offences Peniamina v The Queen (2020) 95 ALJR 85; 284 A Crim R 558; [2020] HCA 47 post-traumatic stress disorder (PTSD) prosecution and defence strategies in NFS cases Prosecution and Defence Strategies in Non-fatal Strangulation Cases: Are They Influenced By Victim Brain Injury and PTSD? protecting against unauthorised interference with automated driving systems Sarah Kendall synthesis of information and trained analysis to inform decision-making The Pandemic and the Marked Drop in Crime: Correlation or Causation? uploading of software containing harmful malware to an ADS weaknesses and positivist mechanisms of using criminal intelligence as evidence in proceedings You Don't Need to Know: The Australian Experience of Criminal Intelligence as Evidence
Criminal Law Journal update: Vol 45 Pt 4
By journalalerts on November 15, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: and Other Concepts articles Comment Crim LJ Criminal Code Act 1899 Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020 (Qld) Criminalising Wage Theft in Australia Property David Hamer difficulties in prosecuting companies Digest of criminal law cases dishonestly withholding employee entitlements Editorial employee underpayment inferential value of misconduct evidence Joachim Dietrich Legal Aid Commission of New South Wales Aiding the Individual the Nation and the Institutions Matthew Raj Michael Legg Mirko Bagaric Myths Misconceptions and Mixed Messages An Early Look at the New Tendency and Coincidence Evidence Provisions non-payment of a debt Overcoming Password Protection and Encryption of Smart Phones and Computers to Facilitate the Execution of Commonwealth Search Warrants reforms to the tendency and coincidence evidence provisions Royal Commission into Child Sexual Abuse s 3LA of the Crimes Act 1914 (Cth) Stealing Stephanie Crosbie The Hon Justice Michelle Gordon AC The Questionable Legitimacy of the Criminal Law as the Front Line of Defence against COVID-19 Long-term Implications Uniform Evidence Law wage theft Wage Theft Act 2020 (Vic)
Australian Law Journal update: Vol 95 Pt 5
By journalalerts on May 31, 2021
Posted In: Australian Law Journal, The (ALJ) Tagged: ALJ Anshun estoppel Around the nation: Tasmania articles Australia's uniform defamation laws award debtor Breach breach of contract coercive control comity towards foreign courts contextual truth defence contract Current issues debtor precluded from invoking a defence Defamation: Serious Harm And Contextual Truth doctrines of issue duty End of Life Choice: Coming to New Zealand by the Road Less Travelled equity Estoppel And Enforcement Of International Arbitration Awards family law Fiduciaries finality and enforceability of awards framework for sentencing animal cruelty offenders Gabrielle Wolf harm to reputation caused by publication of defamatory matter Hobart's Supreme Court Buildings human rights James O’Hara Jane Kotzmann Joint Venture Justice François Kunc Justice Matthew Palmer Justice Stephen Estcourt AM losing party to an arbitration award Major UN Review of Australia's Human Rights Record Mirko Bagaric misleading and deceptive conduct Model Defamation Amendment Provisions 2020 New Zealand principle of proportionality Procuring Breach of Fiduciary Duty Recent cases relationship between serious harm and contextual truth resist enforcement of an award Richard Garnett Richard Ingleby Ruth C A Higgins SC sanctions imposed for animal cruelty offences Section 114AB: Semantics and Chaos serious harm threshold Simon Rice termination The Curated Page The Rule of Law Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences trade and commerce unconscionable conduct
Criminal Law Journal update: Vol 45 Pt 2
By journalalerts on May 31, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: "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 articles assisted suicide Black Lives Matter movement consent and sexual offending in the criminal law COVID-19 pandemic Crim LJ Editorial James Duffy Joe Biden being elected President Katherine J McLachlan Kerstin Braun key reforms in the federal jurisdiction law reform commissions of Queensland and New South Wales liability from participation in VAD Mark Finnane meaning of consent Mirko Bagaric offence-specific prosecutorial guidelines in the context of VAD offences of rape and sexual assault Peter Isham Phillips' Brief protections from criminal liability Reform of "Consent" Law release and parole of offenders role of victims in parole board processes s 348 of the Criminal Code Act 1899 (Qld) Sentencing Developments in the United States in 2020: The Pandemic Black Lives Matter and Further Erosion of Mass Incarceration sentencing law and practice in the United States sexual consent Sexual Offending and the Meaning of Consent in the Queensland Criminal Code Stephen J Odgers The Curious Case of a Lost Emergency: Section 119 in 1919 United States sentencing developments victims' rights to have their views and concerns presented to Parole Boards victims' statutory rights victims' views and concerns influence on the decision-making of parole board members Voluntary Assisted Dying (VAD) Voluntary Assisted Dying and the Merits of Offence-specific Prosecutorial Guidelines in Australia
Criminal Law Journal update: Vol 45 Pt 1
By journalalerts on March 15, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: A Case against Joint Criminal Enterprise: The Problem of Defences analysis of High Court judgments Andrew Burke articles benefit of self-defence Caroline Spiranovic Comparing Legal and Lay Assessments of Relevant Sentencing Factors for Sex Offences in Australia Crim LJ criminal matters Editorial Hilde Tubex Julia Davis jurisprudential themes Karen Gelb Kate Warner Lorana Bartels Marco Lopresti Mirko Bagaric Natalie Skead National Jury Sentencing Study open justice and fair trial rights Osland v The Queen Pocketing the Proceeds of Crime: A Case for Reform of Criminal Property Confiscation Legislation in New South Wales Queensland and Western Australia public attitudes R v Pell recommendations for the reform of Australian proceeds of crime legislation Sarah Murray Suppression Orders in Criminal Trials: Still Necessary in the Digital Era Tamara Tulich test based on necessity of suppression order The High Court on Crime in 2020: Outcomes and Jurisprudence The Reality of Recidivism the Illusion of Rehabilitation Thomas Poberezny-Lynch
Criminal Law Journal update: Vol 44 Pt 5
By journalalerts on January 5, 2021
Posted In: Criminal Law Journal (Crim LJ) Tagged: "special circumstances" test for bail in extradition proceedings articles Bail in Extradition Proceedings Cabal v United Mexican States Can the Pandemic Induced Fall in Prison Numbers Lead to Durable Principled Sentencing Reform? Case and Comment Crim LJ Deborah Kim Digest of criminal law cases Editorial Eye Movement Desensitisation and Reprocessing and Memory: A Dilemma for the Criminal Justice System Eye Movement Desensitisation and Reprocessing therapy (EMDR) false memories Greg Walsh OAM Lorana Bartels Matthew Groves Mirko Bagaric R v Sunderland [2020] QCA 156 sentencing review Sentencing Review 2019–2020 the science of memory
Journal of Judicial Administration update: Vol 30 Pt 1
By journalalerts on October 19, 2020
Posted In: Journal of Judicial Administration (JJA) Tagged: AI in legal environments in Australia Allowing for Participants in Royal Commissions: A Scoping Review Amanda Clarke articles artificial intelligence automated and augmented decision-making barriers and risks to a successful integration of AI barriers to participation in Royal Commissions Dan Hunter Dave McDonald drug court process drug court program evaluations Ilana Bolingford Is Australia Ready for AI on the Bench? Jenae Carpenter JJA Melissa Bull Mirko Bagaric Natalia Hanley Nigel Stobbs participant experiences psychological and attitudinal-readiness of the judiciary for algorithmic tools recidivism rates rehabilitative ideal The Rehabilitative Ideal and the Realism of Drug Court Success
Journal of Law and Medicine update: Vol 27 Pt 4
By journalalerts on September 1, 2020
Posted In: Journal of Law and Medicine (JLM) Tagged: 8 June 2020) Access to Health and Medical Research: Lessons from the COVID-19 Pandemic access to medical abortions accessibility of contemporary data about COVID-19 infections in Brazil alcohol control laws alcohol regulation Amne Alrifai Andrew Geddis anxiety applications for demonstrations and public assemblies Aristotelian corrective justice articles Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic bail entitlements Bashi Kumar-Hazard Belinda Bennett biomedical ethical principles birth at home book review Brazilian Ministry of Health c 36) Cameron Graydon Cameron Stewart Camille La Brooy Casey Marnie children's schooling Christine Critchley clinical issues involving ethical dilemmas cloud-based health care analytics platform Colin Tatz (1934–2019) collaborative work commercial surrogacy compassion fatigue compassion interventions and training Compassion Law and COVID-19 compensating former sprayers and their families conduct of hearings Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the "Close and Loving Relationship" Consideration COVID-19 and Family Law Decision-Making COVID-19 and Forensic Medical Practice COVID-19 List COVID-19 pandemic COVID-19: Criminal Law Public Assemblies and Human Rights Litigation current state of abortion laws in Australia Danuta Mendelson David Ranson De Moraes J of Brazil’s High Court Deborah Forsythe decisions made during the lockdown period Dianne Nicol direct and indirect health impacts disciplinary schemes dissemination of false information Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives doctors as the only legal providers of VAD in Victoria Don Chalmers Donna Cooper Editorial elderly End of Life Choice Act 2019 (NZ) exercise of copyright control failure to follow the procedures introduced during the high-alert regime Faith O Aboyeji Family and Children's Health Law Issues fear of infection front-line health care personnel functioning of contact centres genomic law issues Global Alliance for Genomic Health Greg Sharplin grief Hannah G Dahlen Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions? health and medical research health law reporter history of RU 486 homeless hospital authorities' possible liability in negligence How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women's Reproductive Rights Ian Freckelton QC Ian Kerridge inadequate peer-reviewing industry compliance and enforcement Infanticide Act 1922 Infanticide Act 1938 (1 & 2 Geo 6 Infanticide and Infanticide Statutes in Australia and New Zealand International Access to Public Health Data: An Important Brazilian Legal Precedent international collaboration and data sharing Jane Nielsen Jessica Young JLM Jodhi Rutherford journal publications judge alone trials judicial and investigative practice Kate Kennedy lawfulness of mass gatherings during lockdown Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2) Legal issues Legal Liability Arising from the Use of "Agent Orange" in the Kimberley: Registration of 2 4 5-T and 2 4-D in Australia legal regime of restrictive measures introduced in Russia due to COVID-19 limiting surrogacy to altruistic arrangements Lisa Eckstein loss of employment and livelihood Margaret Otlowski Marion Eckert Martin Allcock Mary Chiarella maternal child murder (infanticide and filicide) medical issues Micah DJ Peters Michael Keane Mill's harm principle Mirko Bagaric Natalia A Kamenskaya negligence in allowing the use of chemicals Nicola Bodor Nigel Stobbs Nursing and Midwifery Board of Australia's Registration Standard: Recency of Practice Nursing and Midwifery Issues Obituary obtaining of expert reports open access publishing overstretched institutions Paul Komesaroff Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research personal protective equipment (PPE) for doctors and nurses performing aerosol-generating procedures Philippa Trowse post-traumatic stress disorder postpartum depression potential to exploit and cause harm to surrogate women precipitate publication Preferred Reporting Items for Systematic Reviews and Meta-Analyses extension for Scoping Reviews President Bolsonaro privately practising midwives (PPMs) pro-life politics under the Howard Government protection of children with health vulnerabilities protection of patients' rights and freedoms in medical care provision of abortion services and maternity care Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture? Rachael Vernon rapid and immediate knowledge sharing among researchers globally reactive depression rebalancing of existing ethical and regulatory standards Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol Regulation of the Abortion Drug RU 486: The Collision of Politics Ethics and Morals in Australia requirements and restrictions to organisations and individuals requirements for continuing competence and the professional research integrity Richard Tracey (1948–2019) Russ Scott safe practice of nurses and midwives sentences Sergey V Pospelov Special Issue Suicide-related Materials and Voluntary Assisted Dying Support Systems for Medical Decision-Making: Considerations for Japan Sustainability Network v The President of the Republic of Brazil (ADPF 690 MC/DF Svetlana I Pospelova telecommunications between health practitioners and their patients The Lancet and the New England Journal of Medicine The Sealed Box of Suicide: The Contexts of Self-Death third-party support to accommodate patients' wishes Tony Brown VAD Act Vera Lúcia Raposo Violation Liability in the Context of the Spread of COVID-19: Russian Experience violation of therapeutic and epidemiological rules Violent Venues Scheme (VVS) vox Dei? Previewing New Zealand's Public Decision on Assisted Dying Vox populi vulnerable groups weed-spraying programs Yoshihiko Iijima Yulia V Pavlova
Criminal Law Journal update: Vol 44 Pt 1
By journalalerts on May 7, 2020
Posted In: Criminal Law Journal (Crim LJ) Tagged: Andreas Schloenhardt articles changes to sentencing law and practice in the United States Crim LJ Daniel McCord Digest of criminal law cases Editorial Federal Proceeds of Crime Act 2002 (Cth) Gabrielle Wolf Greg Taylor Incarceration Trends over the Past Decade: The Need for More Effective Risk and Needs Assessments and Rehabilitative Measures Joseph Lelliott Lauren Causer Madeleine Skeen manslaughter Mirko Bagaric More Scope for Murder: Reckless Indifference in Queensland's Criminal Code Natalie Skead particular respect Professor Mirko Bagaric reckless murder Respects of Character risk of financial hardship to a criminal wrongdoer's close family members and dependants s 302 of the Criminal Code (Qld) Sarah Murray Sentencing Developments in the United States in 2019: Shifting from the "Tough on Crime" Mantra to (Seriously) Contemplating the Abolition of Prisons Stephen Odgers Tamara Tulich The Futility of a "Hug" from the Commonwealth: Property Restraining Orders and the Fight for Victim Compensation under the Commonwealth Proceeds of Crime Legislation The High Court on Crime in 2019: Analysis and Jurisprudence tough on crime policy uniform evidence legislation unlawful killings Victorian case of Richard Hogg