"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."--
A student-focused, approachable textbook designed as a complete course companion for all stages and levels of study. The inclusion of summaries, revision questions and problem questions make it highly useful for students approaching subject for the first time students preparing for exams.
For decades the Northern Territory's criminal law has stood at the jurisprudential frontier of Australia: grappling with a unique set of circumstances, almost entirely dominated by the situation of its Aboriginal people.This 2nd edition deals in detail with the sweeping changes introduced in 2005 by Part IIAA of the NT Criminal Code. These changes often mirror the Criminal Code (Cth), and have completely rewritten many of the NT Code's most significant provisions, including the law of murder, rape, and many serious offences against the person.The book covers procedure and all the major offences, together with public order offences and sentencing. It contains a separate chapter on Aboriginal people that deals with all the recent developments, including the Intervention, and a detailed chapter on the unique history of the Territory's criminal law.
This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
This sixth edition of The Criminal Codes: Commentary and Materials has been substantially revised to increase overall clarity and to ensure a balanced examination of the criminal law in the "Code" States, Queensland and Western Australia. The work has been brought up-to-date in all areas and provides valuable comment on the recent wide-reaching reforms to the law of homicide in Western Australia. Significant developments in both States discussed in this edition include: the abolition of wilful murder and infanticide, and the new definition of murder (WA); the introduction of the new offence of unlawful assault causing death (WA); the abolition of provocation to murder (WA), and whether this excuse still has a part to play (Qld); the reformulation of the excuse of self defence, and the introduction of excessive self defence (WA); the creation of offences for drink spiking (Qld and WA); and current and proposed sentencing considerations (Qld and WA). Fundamental principles of the criminal law are illustrated throughout the book by selected extracts from the Codes and case law, while additional materials foster critical reflection on the law and the need for reform. The Criminal Codes: Commentary and Materials, 6th Edition is essential reading for students studying criminal law in Western Australia and Queensland.
This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.
The law cannot remain static, but must adjust to reflect the changing society that it serves. From time to time, criminal cases arise that dramatically dictate the need for alterations to the law. Those developments often occur, but what of the fates of those whose misfortunes were the catalyst for change? The stories of some of these unwitting oÂeÂ" and unwilling oÂeÂ" pioneers are collected in this fascinating book. These twelve true-life tales include: oÂeo the infamous practice of oÂeÂ~baby farmingoÂeÂ(tm) that led to a new evidentiary principle oÂeo the murder of two young sailors that resulted in limits on an accused personoÂeÂ(tm)s oÂeÂ~right to silenceoÂeÂ(tm) oÂeo the victim of domestic violence whose trial on a murder charge saw the recognition of the oÂeÂ~battered woman syndromeoÂeÂ(tm) oÂeo the prosecutions of sleepwalkers who killed oÂeÂ" were they criminally insane? oÂeo the mistaken identity conviction that led to warnings against eyewitness identification The lively and engaging stories, spanning a hundred years, provide the historical background that led to important changes to our justice system. Features oÂeo Real-life stories provide engaging insight into our justice system oÂeo Offers a unique treatment of the genesis of many important legal rules oÂeo Written by an author with extensive background working with the rules of criminal law and evidence Related Titles Howard, R v Milat: A Case Study in Cross-Examination, 2014
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective.It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines.This sixth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been deepened. A new Policing chapter has been added, Assault and Sexual Assault divided into separate chapters and the process coverage and theme extended throughout.
The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016
This wide-ranging and timely text covers significant areas of Commonwealth criminal law, including corporate crime, social security and tax fraud, drug importation, money laundering, and offences involving the internet and terrorism. It also deals with the special Commonwealth sentencing provisions provided for by the Crimes Act 1914 and analyses how criminal liability for such offences must be proved under the Criminal Code. The work is designed for practitioners and students alike.
