Download or read book Australian Criminal Trial Directions written by James Lindsay Glissan and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jury Directions written by New South Wales. Law Reform Commission and published by . This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bourke s Criminal Law Victoria written by Gerard Nash and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Majority Verdicts written by New South Wales. Law Reform Commission and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Download or read book Criminal Trial Delays in Australia written by Jason Payne and published by . This book was released on 2007-01-01 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Download or read book Victim survivor focused Justice Responses and Reforms to Criminal Court Practice written by Nicole Bluett-Boyd and published by . This book was released on 2014 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
Download or read book Uniform Evidence in Australia written by N. & Anderson Williams (J. & Marychurch, J. Et Al) and published by . This book was released on 2015-08-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Evidence in Australia provides a comprehensive multi-jurisdictional commentary and annotation to the uniform Evidence Acts of the Commonwealth, NSW, Victoria, Tasmania, the ACT and NT. Format: Paperback Once published, this title will also be available in eBook format. [eISBN: 9780409334692] This book offers a user-friendly approach that combines commentary on the operation of the uniform Acts in each jurisdiction with a synthesis of the large body of cases, rules and related legislation. Understanding of the ActsoÂeÂ(tm) operation and interpretation is further enhanced by reference to the common law principles that are enshrined in, replaced or supplemented by individual provisions. Relevant practice notes and examples are included. For ease of navigation, the commentary to each provision includes extensive cross-references to other provisions that may impact on a particular issue, and the book includes a useful Glossary based on Act and common law terminology. The authors examine recurring challenges in the construction and application of the legislation, including the extent to which it is necessary or proper to resort to pre-Act case law. In so doing, they highlight and explore the tension between the prescriptive nature of some sections and the apparent reliance of others upon pre-existing common law principles. Significant recent developments that are addressed include: oÂeo differing approaches to the assessment of probative value in NSW and Victoria; oÂeo multiple High Court decisions on opinion evidence; oÂeo the introduction in NSW of the modified right to silence; oÂeo the substantial volume of recent appellate case law on tendency and coincidence evidence, including an extensive analysis of relationship evidence; and oÂeo jurisdictionally varying amendments to the privilege provisions. Features oÂeo Commentary follows the legislative structure of the unform Evidence Acts oÂeo Includes the legislation from all six uniform jurisdictions oÂeo Clear, concise analysis with plentiful examples oÂeo Frequent cross-references to other relevant sections facilitates familiarity with the Evidence Act as a body of law, rather than each section in isolation. Related LexisNexis Titles J D Heydon, Cross on Evidence, 10th edition, 2014 Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 5th edition, 2010 Field, LexisNexis Questions and Answers: Uniform Evidence Law, 2nd edition, 2015
Download or read book Uniform Evidence Law written by Miiko Kumar and published by . This book was released on 2015 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Equality Before the Law Bench Book written by Linda Daniele and published by . This book was released on 2006 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Witness written by Louise Milligan and published by Hachette Australia. This book was released on 2020-10-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterful and deeply troubling exposé, Witness is the culmination of almost five years' work for award-winning investigative journalist Louise Milligan. Charting the experiences of those who have the courage to come forward and face their abusers in high-profile child abuse and sexual assault cases, Milligan was profoundly shocked by what she found. During this time, the #MeToo movement changed the zeitgeist, but time and again during her investigations Milligan watched how witnesses were treated in the courtroom and listened to them afterwards as they relived the associated trauma. Then she was a witness herself in the trial of the decade, R v George Pell. Through these experiences, interviews with high-profile members of the legal profession, including judges, prosecutors and the defence lawyers who have worked in these cases, along with never-before-published court transcripts, Milligan lays bare the flaws that are ignored and exposes a court system that is sexist, unfeeling and weighted towards the rich and powerful. In Witness, Milligan reveals the devastating reality that within the Australian legal system truth is never guaranteed and, for victims, justice is often elusive. And even when they get justice, the process is so bruising, they wish they had never tried.
Download or read book The Evidence of Children written by Judy Cashmore and published by . This book was released on 1995 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Improving Jury Understanding and Use of Expert DNA Evidence electronic Resource written by Jane Goodman-Delahunty and published by . This book was released on 2010 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of DNA evidence in Australian courts has increased exponentially in the last two decades. DNA technology is well-validated and no longer the subject of defence challenges. Juror difficulties in understanding and applying the scientific and statistical information conveyed by forensic experts about a DNA match have been documented in qualitative and quantitative studies.
Download or read book Decisions Without Reasons written by Jason Donnelly and published by Wordclay. This book was released on 2008 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current system of trial by jury in Australia effectively means that although a jury will provide a verdict of guilty or not-guilty, the jury will not provide reasons for their decisions. The author challenges this system whereby jurors are not permitted to provide a simple, cogent and structured set of reasons for any decisions that they make. The author argues that the Australian jury should be made to provide reasons for any decisions that they make. Accordingly, the author seeks to examine the role of the jury in various legal systems around the world, the connection between jury secrecy and international law, the growing importance of administrators and their role in providing reasons for any decisions that they make, significance in the rule of law and what it can reveal to us about the current jury secrecy rule, and, lastly, the author offers a number of reforms to the current jury secrecy rule.
Download or read book Australian Evidence written by Andrew L. C. Ligertwood and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
Download or read book Contempt by Publication written by New South Wales. Law Reform Commission and published by . This book was released on 2000 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
