Courts

Commentary

19 Sep 2017

Last week’s release of the Class A files of the parliamentary commission of inquiry into allegations against Justice Lionel Murphy reopened a longstanding controversy about the behaviour of the...

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Journal article

01 Sep 2017

Indigenous peoples in Australia, the United States and Canada are significantly overrepresented as defendants in criminal trials and yet vastly underrepresented on juries in criminal trials. This means that all-white juries mostly determine the guilt of Indigenous defendants or white defendants...

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Journal article

01 Sep 2017

In 2005 in the Australian state of Victoria, significant changes were made to the defences to homicide. These reforms were in response to long standing concerns about the gendered operation of provocation and self-defence by feminist researchers and advocates, Law Reform Commissions, the media...

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Journal article

29 Aug 2017

The principle of legality has in recent years become an increasingly important tool of statutory interpretation. Despite its prominence, it has, I will argue, been applied inconsistently. This article examines two methodological difficulties in the application of the principle: its interaction...

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Discussion paper

02 Aug 2017

The Law Council is undertaking a comprehensive national review into the state of access to justice in Australia.

The Justice Project is being overseen by an expert ...

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Statistics

31 Jul 2017

This report presents 24 months of reception, discharge and custody population data and comparisons between the current and previous quarter for age, gender, indigenous status, most serious offence and the average length of stay.

Separate figures are presented for juveniles and adults....

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Research report

19 Jul 2017

Aim: To explain the upward trend in Indigenous imprisonment in NSW between January 2012 and September 2016.

Method: Separate analyses were conducted of trends in the factors influencing the number of remand and sentenced prisoners received into custody...

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Report

18 Jul 2017

The Community Correction Order (CCO) is a sentencing order that provides for an offender’s punishment and rehabilitation in the community. An offender’s failure to comply with a CCO without a reasonable excuse is a criminal offence with a maximum penalty of three months’ imprisonment.

...

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Report

12 Jul 2017

The changing environment of policing and recent trends in crime have raised community concerns. New challenges in community safety require more than rhetoric and promises to bring about sustained change. Every Victorian should be entitled to feel safe at any time regardless of where they live or...

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Research report

11 Jul 2017

The Department of Justice NSW is seeking to optimise the use of civil court and tribunal data for evidence-based decision-making, specifically data from the civil divisions of the Local, District and Supreme Court, the Land and Environment Court and the NSW Civil and Administrative Tribunal (...

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Journal article

29 Jun 2017

Abstract

Objective: While governments draft law and policy to promote public health, it is through cases put before the judiciary that the implementation of law can be challenged and where its practical implications are typically determined. In this paper...

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Research report

27 Jun 2017

The majority of young people do not return to sentenced supervision

The majority of young people who receive a supervised youth justice sentence serve only 1 sentence, and do not return to sentenced youth justice supervision. Of those aged 10–17 who were under sentenced...

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Research report

19 Jun 2017

Aim: To conduct an exploratory analysis of the factors influencing trial duration in the NSW District Criminal Court

Method: Bi-variate relationships between trial duration and various offence types were examined using one way analyses of variance, fixed...

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Research report

30 May 2017

Aim: In 2015 the NSW government announced it would significantly increase the number of roadside drug tests conducted. This paper examines the impact of increased drug driving detections on the New South Wales Criminal Courts.

Method: Descriptive analysis...

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Journal article

29 May 2017

All Australian jurisdictions regulate the admission of expert opinion evidence. The rules focus on ‘specialised knowledge’, the existence of a ‘field’, and ‘training, study or experience’. They purport to regulate oral testimony but also the expert reports prepared in advance of potential...

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Journal article

29 May 2017

Throughout the Western intellectual tradition, the separation of public and private life has been ubiquitous. Although the line of demarcation changes according to time and circumstance, the conjunction of the public sphere with the masculine and the private sphere with the feminine has remained...

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Report

23 May 2017

In 2016 Attorney-General Dr Vanessa Goodwin commissioned a review of the Magistrates Court to identify opportunities to improve efficiency and overall performance.

KPMG was appointed to undertake the review and their resulting report contains several key recommendations to ensure more...

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Discussion paper

17 May 2017

This Issues Paper considers options for reform that may improve the effectiveness of the criminal justice response to drink drivers in Tasmania, by exploring sentencing options that are more likely to influence offenders’ perceptions of risks represented by their behaviour, and bring about...

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Research report

08 May 2017

Aim: To describe a simulation model of the NSW prison system and demonstrate its utility as a tool for examining the effects of changes to the criminal justice system that influence the number of prisoners in custody.

Method: The model consists of four...

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Survey

04 May 2017

Aim: To examine the experience of court users of two metropolitan courthouses in New South Wales.

Method: 311 court users were surveyed regarding their awareness, understanding, contacts, and satisfaction with services at court. The sample included...

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