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.
Key primary source for anyone with a scholarly interest in the workings of AustraliaoÂeÂ(tm)s justice system Criminal Procedure in Australia draws on the successful book Litigation II oÂeÂ" Evidence and Criminal Process to create a fresh and innovative treatment of the subject. The book is unique in its breadth and depth of coverage of the criminal procedural laws across Australia. It provides a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state legislation and case law in the fields of police investigation and Crown prosecutoroÂeÂ(tm)s powers and duties across all jurisdictions. Anyone with a scholarly interest in the workings of AustraliaoÂeÂ(tm)s justice system will find this book a key primary source, appreciating the bookoÂeÂ(tm)s coverage of criminal procedure, supported by a commentary that embraces a contextualised and critical approach to legal doctrine.
"[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."--
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 well-researched and clearly written book covers the spectrum of criminal process in Queensland, including areas often neglected by other texts, beginning with an overview of recent reforms and the onus of proof the book covers police investigation procedures, police accountability and charge and bail, through to pre-trial processes, trial, sentencing and appeal. The book also includes a discussion of the role of and response to victims in the criminal justice process.
Ross on Crime Eighth Edition is a unique, renowned and indispensable point of reference for all criminal law practitioners. It covers more than 350 terms and principles relating to criminal law practice in an easy to use A-Z format. As well as a succinct statement of the law on a particular subject, there is a summary of the leading case law in the area. It is the only Australian work that considers all aspects of criminal justice - substantive criminal law, criminal procedure, evidence and sentencing - and which does so across all Australian jurisdictions. The late David Ross QC's highly original work is again updated by Mirko Bagaric, maintaining the book's encyclopaedic format and impressive scope. The Eighth Edition incorporates the many case law decisions and legislative changes that have occurred since the last edition. These include More than 30 new High Court changes; Significant developments in sentencing jurisprudence Australia-wide; Major changes to the interpretation and application of the Uniform Evidence Law; and More than 100 important legislative amendments throughout Australian jurisdictions. Legal practitioners across Australia valued and enjoyed the wisdom and wit of the late David Ross QC over many years and seven editions of this unique work. Mirko Bagaric ensures Ross on Crime continues to impress and inform criminal lawyers, judges and many others. It is essential reading for anyone interested in the criminal law
Provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. Findlay, University of Sydney, Australia.
Crime and criminal justice; discrimination against minorities; police; sentencing; etc.; articles by M.W. Daunton-Fear and A. Freiberg and F.G. Cohen, D. Chappell and P.R. Wilson separately annotated.