*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n The latest issue of the Criminal Law Journal <\/em>(Volume 46 Part 1) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c Editor: Stephen Odgers<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n The High Court on Crime in 2021: Analysis and Jurisprudence<\/strong><\/em><\/a> \u00e2\u20ac\u201c Stephen Odgers<\/p>\n This article discusses all of the High Court decisions in 2021 that relate to criminal matters. It examines the principles that derive from these cases and identifies jurisprudential themes from the decisions. It discusses in detail one particular issue arising in two of the decisions (and a number of other High Court decisions in recent years) \u00e2\u20ac\u201c the scope of the \u00e2\u20ac\u0153proviso\u00e2\u20ac\u009d in the standard form criminal appeal statutory provisions.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n When They Refuse: Encryption, Production Orders and Sentencing for Noncompliance<\/strong><\/em><\/a> \u00e2\u20ac\u201c Daniel Hochstrasser<\/p>\n A longstanding means by which law enforcement officials have sought access to encrypted data is through a court order requiring a person to provide access to the encrypted data in an unencrypted form. In order to combat evidence of extensive non-compliance with such orders, particularly where more serious offending is being investigated, in 2018 the Federal Parliament increased the maximum sentences that could be imposed for non-compliance with a production order. This article considers whether that change is sufficient to deter non-compliance with a production order, and whether the higher maximum permissible sentence may infringe the requirements of sentencing proportionality.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n Sentencing Developments in the United States in 2021: The Transition Year?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Mirko Bagaric and Jennifer Svilar<\/p>\n There have been marked changes to the United States sentencing system in recent years. The reforms in 2021 by comparison were less dramatic. Possible explanations for this are the transition to a new President in January 2021 and the largest increase in the homicide rate in the history of the United States. Yet, there were still a number of important developments in the American sentencing system, including a discernible additional focus on softening the most extreme sanctions in the United States: capital punishment and life prison terms. These key sentencing developments in 2021 are explored in this article.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n Sentencing Review 2020\u00e2\u20ac\u201c2021<\/strong><\/em><\/a> \u00e2\u20ac\u201c Lorana Bartels<\/em><\/p>\n This sentencing review focuses on the sentencing of young people (YP). It commences with a brief overview of some of the specific issues in relation to sentencing YP, before presenting detailed national sentencing data from the Australian Bureau of Statistics and Australian Institute of Health and Welfare. It also examines recent policy developments, especially the proposal to raise the minimum age of criminal responsibility and legislative reforms in 2021 in Queensland and the Northern Territory. The review summarises recent research on sentencing YP from the sentencing advisory councils in Victoria, Tasmania and Queensland. Key areas of focus are the sentencing of YP aged 10\u00e2\u20ac\u201c13 and Indigenous YP; so-called \u00e2\u20ac\u0153crossover kids\u00e2\u20ac\u009d, that is, children involved in both the youth justice and child protection systems; the sentencing of children held on remand; and the need for traumainformed responses in this context.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n CASE AND COMMENT<\/a><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n For the PDF version of the table of contents, click here: Westlaw AU – Crim LJ Vol 46 No 1 Contents<\/a> or here: New Westlaw Australia – Crim LJ Vol 46 No 1 Contents<\/a>.<\/p>\n Click here to access this Part on Westlaw AU<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
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