Criminal Procedure In Australia
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| Author | : Paul A. Fairall |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Criminal liability |
| ISBN | : 9780409339062 |
"[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."--
| Author | : Bibi Sangha |
| Publisher | : |
| Total Pages | : |
| Release | : 2015-09-08 |
| Genre | : Criminal investigation |
| ISBN | : 9780409340723 |
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
| Author | : Mark Findlay |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 466 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : M. Smith |
| Publisher | : |
| Total Pages | : |
| Release | : 2015-12-04 |
| Genre | : |
| ISBN | : 9780409343267 |
DNA Evidence in the Australian Legal System discusses the legal issues associated with DNA evidence, ranging from crime scene collection and DNA databases through to its use in criminal trials and appeals. This integrated text explains important legal issues associated with DNA evidence that have developed alongside the science. While there are a number of books available that discuss DNA evidence from a forensic science perspective, this text is one of the few worldwide to focus on these issues from a legal perspective. A wide range of legal issues are discussed, including those associated with the collection of DNA evidence at the crime scene, laboratory analysis, creation of DNA profiles, use of DNA databases, the presentation of DNA evidence at trial, and the use of DNA in the review of convictions and acquittals. Forensic procedures legislation is reviewed, as well as key cases relevant to each of these topics. The text also includes a comparative discussion of developments in key jurisdictions such as the United Kingdom and United States, providing context for current and potential future developments in Australia. It is intended that this book will be an authority on DNA evidence and the law in Australia and an important reference for those studying, working with or researching the topic. This includes professionals such as lawyers, researchers, police, laboratory scientists, policymakers and expert witnesses who work in the criminal justice system, as well as students of law, criminology, criminal justice and forensic science.
| Author | : James Lindsay Glissan |
| Publisher | : |
| Total Pages | : |
| Release | : 1995 |
| Genre | : Criminal law |
| ISBN | : 9780409311327 |
| Author | : Andrew Hemming |
| Publisher | : |
| Total Pages | : |
| Release | : 2014-12-29 |
| Genre | : Civil procedure |
| ISBN | : 9780409325744 |
Civil Procedure in Australia provides a detailed analysis of the rules of civil procedure in the State Supreme Courts and in the Federal Court Civil Procedure in Australia is based on the successful work formerly published as Litigation I oÂeÂ" Civil Procedure. This book examines the principal rules governing the usual manner in which superior court cases are litigated. It covers the rules which apply to the running of civil cases, ranging from those which must be considered prior to the commencement of litigation to the rules pertaining to appeals and enforcement. Primary and secondary materials from all Australian jurisdictions are included. The topics covered in Civil Procedure in Australia encompass the areas of knowledge required for admission to legal practice in Australia. Principles of procedure which are essential to an understanding of the way in which civil proceedings are conducted are examined in the book, which in addition equips the reader to navigate the broader requirements of civil procedure. In Australia and comparable jurisdictions, civil procedure has been subject to significant statutory reforms, including greater judicial control of civil proceedings and the increased requirements placed on the courts to follow mechanisms for resolving disputes other than by litigation. This book examines these reforms and provides an up to date account of the rules which govern civil litigation in Australia.
| Author | : Gerard Nash |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Criminal law |
| ISBN | : 9780409337174 |
The work, extracted from the four volume looseleaf service Bourkes Criminal Law Victoria, provides extensive coverage of legislation and authoritative annotations. Nash adjunct professor at RMIT.
| Author | : Anthony Gray |
| Publisher | : |
| Total Pages | : 312 |
| Release | : 2016 |
| Genre | : Constitutional law |
| ISBN | : 9781760020767 |
This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted as fundamental the doctrine of separation of powers. While the precise contours of the separation of powers principle are still being drawn, the High Court has found that laws which require, or authorise, a court to exercise power involving a departure from characteristics of traditional judicial process are constitutionally suspect. This is because such a law would undermine a court's institutional integrity. While the High Court has been somewhat loath to identify precisely characteristics of traditional judicial process, some indicia - including open courts, ability to review a decision of a lower court for jurisdictional error, the provision of reasons, decisional independence and fairness - have been identified. This book argues that fundamental due process rights in the criminal law area, such as presumption of innocence, the right to silence, the right to confront accusers, open courts, no effective punishment without conviction, and proportionate rather than mandated sentencing, are so fundamental to a criminal procedure that laws which abrogate these rights and expectations are vulnerable to constitutional challenge.
| Author | : John Lance Anderson |
| Publisher | : |
| Total Pages | : 853 |
| Release | : 2021 |
| Genre | : Criminal law |
| ISBN | : 9781108811859 |
Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code. It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure. Complex concepts are explained and contextualised by linking them to practical applications. Each chapter is supported by tools for self-assessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-of-chapter problems that promote student engagement and help students develop problem-solving skills and independent thinking. Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.
| Author | : Chris Cunneen |
| Publisher | : |
| Total Pages | : 432 |
| Release | : 2002 |
| Genre | : Family & Relationships |
| ISBN | : |
This book provides an introduction to the main concepts and issues in juvenile justice in Australia, and provides a consolidated overview of the dynamics of youth crime and the institutions of social control. This book will be of particular interest to criminology and law students.
