Criminal law

NARROWER TERMS


Report

Should media coverage affect sentencing?

This report explores the approaches of Australian sentencing courts towards adverse media coverage and the significant consequences it can have for offenders. It reveals why and when media coverage might be a relevant sentencing consideration. The aim of the report is to draw attention to...
Report

Raising the minimum age of criminal responsibility: law reform considerations

This advisory report considers the legal implications of raising the minimum age of criminal responsibility in Tasmania from its present statutory prescription of 10 years old (with a 14-year-old presumption of criminal incapacity).
Briefing paper

Age of criminal responsibility

This e-brief provides an overview of the current law regarding the age of criminal responsibility in New South Wales.
Report

Sentencing stalking in Victoria

This report provides an in-depth analysis of how Victorian courts sentence stalking offences contrary to section 21A of the Crimes Act 1958 (Vic). It considers the demographics of stalkers, the relationship between stalking offenders and victims, the sorts of stalking behaviours sentenced in Victorian courts...
Report

Sentencing breaches of Personal Safety Intervention Orders in Victoria

This report analyses data on personal safety intervention orders (PSIOs) in Victoria from 2011 to 2020. It aims to assist the Victorian Law Reform Commission with its inquiry on responses to stalking.
Discussion paper

Discussion paper: implementation considerations should coercive control be criminalised in South Australia

The Attorney-General's Department has released this discussion paper exploring the measures needed to support the implementation of a criminal offence of coercive control, should it be introduced in South Australia.
Briefing paper

Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021

This paper provides a brief overview of the current law in NSW in relation to sexual consent, as well as some background to the proposed reforms.
Discussion paper

The ‘80 per cent rule’: the serious violent offences scheme in the Penalties and Sentences Act 1992 (Qld) - issues paper

This issues paper has been prepared to gather and present information about the serious violent offences scheme to assist stakeholders and community members to provide their views to the Queensland Sentencing Advisory Council on the scheme and options for reform.
Report

Review of the service system and implementation requirements for raising the minimum age of criminal responsibility in the Australian Capital Territory: final report

The ACT Legislative Assembly has committed to raising the minimum age of criminal responsibility. This report identifies opportunities for reform to achieve improved outcomes for children and their families. It also proposes an alternative response to meet the needs of children affected by the changing...
Report

Sentencing older offenders in Victoria

This report studies sentencing outcomes from 2010 to 2019 for offenders sentenced when aged 60 and over in Victoria. The report reviews the relevance of age to sentencing and investigates the prevalence of sentenced older offenders in the state.
Report

Report of the Inquiry into the use of cannabis in Victoria

This report on the Inquiry into the use of cannabis in Victoria is the result of extensive research and community consultation by the Legislative Council Legal and Social Issues Committee. This inquiry examined how Victorian cannabis policy can be improved.
Report

Threat offences in Victoria: sentencing outcomes and reoffending

This report presents the first empirical analysis of 'threat offences' recorded and sentenced in Victoria, along with an analysis of the offending trajectories of sentenced threat offenders.
Report

New York State’s Trump Investigation: an analysis of the reported facts and applicable law

This report analyses the potential charges both the Trump Organisation and Donald Trump himself may face. The report also goes in depth into the defenses that may be available in response to any indictment.
Discussion paper

Stalking: consultation paper

This consultation paper has been released to assist the VLRC to review and report on Victoria’s legal responses to stalking, harassment and similar conduct, including the statutory framework for and operation of the Personal Safety Intervention Order (PSIO) system.
Report

Sentencing for child homicide offences: assessing public opinion using a focus group approach

Public opinion about sentencing is notoriously difficult to assess. Building on the existing literature on public attitudes to the criminal justice system, this study aims to explore community views on this issue using a focus group methodology.
Report

Serious offending by people serving a Community Correction Order: 2019–20

This report analyses the number of people sentenced in 2019–20 for committing a serious offence while serving a community correction order (CCO). Also available is a complete list of serious offences current between 16 January 2012 and 30 June 2020.
Report

Crime, justice and social capital in the Torres Strait region

Torres Strait Islanders had a strong sense of themselves as composed of distinct peoples and cultures different from those of the mainland. This report examines the extent of crime occurring and how justice is practised in the Torres Strait Islands.
Strategy

Building back better: Victorian Aboriginal Legal Service COVID-19 recovery plan

This strategy document identifies key issues and makes targeted recommendations across criminal, civil and family law – with the objective of ensuring Aboriginal people are not left behind.
Report

Report of the Inquiry into NSW Police Force strip search practices

The Inquiry into NSW Police Force strip search practices, set out in this report, represents a significant body of work - comprising a total of seven investigations, as well as an analysis of NSW Police Force policies and training, and oversight of police investigations of...
Briefing paper

The law on judicial bias: a primer

This background paper provides an introductory summary and overview of key aspects of the law on judicial bias, as it relates to the Australian federal judiciary.