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Keywords: Criminal Law

  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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  • AUSTRALIA

    Retrospectivity a blow to the rule of law

    • Justin Glyn
    • 29 June 2015
    8 Comments

    Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.

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  • INTERNATIONAL

    Italian perspective on Australia's asylum seeker shame

    • Anna Martin
    • 12 June 2015
    31 Comments

    Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.

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  • MEDIA

    Racial hatred laws 20 years on

    • Frank Brennan
    • 11 April 2014
    5 Comments

    In 1994, a year before the Parliament enacted the present section 18C of the Racial Discrimination Act, I wrote in Eureka Street: 'At this time, in this part of the world, thought-police armed with criminal sanctions are not the answer' to racial discrimination. Senator Brandis has now circulated a proposal to amend the existing provisions. What he has produced is the racial hatred law you have when you don't want a racial hatred law.

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  • INTERNATIONAL

    Africa and US worry the frayed edges of international criminal justice

    • Nik Tan
    • 06 November 2013
    2 Comments

    The African Union has asked the United Nations Security Council to suspend the trials of sittings Kenyan heads of state. Meanwhile Amnesty International has claimed that any killing of civilians by United States' drones violates the laws of war. Both cases call into question whether the International Criminal Court can end impunity for the most serious international crimes.

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  • AUSTRALIA

    Julie Bishop's opportunity to press PNG on death penalty

    • Michael Mullins
    • 16 September 2013
    6 Comments

    PNG prime minister Peter O'Neill has resolved to see the death penalty handed to the murderers of two porters killed during last Tuesday's attack on a group of Australian and New Zealand trekkers. Australia's incoming foreign minister Julie Bishop needs to remind PNG that Australia opposes the death penalty, and that it will curry no favour with Australia by executing criminals who harmed Australians. 

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  • RELIGION

    Church-state issues and the Royal Commission

    • Frank Brennan
    • 04 September 2013
    2 Comments

    'The Towards Healing protocol is not a substitute for criminal prosecution of sex abusers. Nor is it a cheap alternative to civil liability for damages. It is a procedure available by choice to victims in addition to criminal prosecution of perpetrators or pursuit of civil damages for negligence by church authorities.' Full text from Frank Brennan's address to the Canon Law Society of Australia and New Zealand 47th Annual Conference, 4 September 2013 at Hotel Grand Chancellor Adelaide on Hindley.

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  • AUSTRALIA

    Anti-gay laws and the right to privacy

    • Justin Glyn
    • 08 August 2011
    2 Comments

    In 1994 gay-rights activist Nicholas Toonen succesfully challenged Tasmanian laws criminalising homosexual acts. As Australia considers reforming its privacy laws, the case remains a good illustration of the deeper questions about the balance between state power and competing moral claims.

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  • AUSTRALIA

    Hinch and other 'hardened criminals'

    • Michael Mullins
    • 01 August 2011
    9 Comments

    Derryn Hinch has been an outstanding social justice advocate, but is also a repeat offender with contempt for the law and no sign of remorse. Because he has a voice, he has managed to avoid social exclusion. Most 'hardened criminals' don't have this advantage.

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  • INTERNATIONAL

    Deportation dilemma

    • Kerry Murphy
    • 20 April 2011
    19 Comments

    A 46-year-old UK citizen who has lived in Australia for 40 years was removed to Britain this week due to a history of violence and other offences. It is problematic that someone who has already 'done the time' for their crimes can be punished a second time by migration law.

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  • AUSTRALIA

    Getting smart, not tough, on bikies

    • Moira Rayner
    • 07 May 2009
    4 Comments

    No 'group' can be assumed to be full of criminals. Men form friendships out of common, innocuous interests. Laws introduced in NSW interfere with civil liberties and are likely to be ineffective at addressing organised crime.

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