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Keywords: Criminal Law

  • AUSTRALIA

    Seeking refuge, finding red tape

    • Kerry Murphy
    • 05 July 2024

    There is no doubt that laws for determining refugee status and onshore protection are complex. The cases of NZYQ and ASF17 demonstrate that when laws regarding asylum and protection intersect with laws regarding character and protection of the community, the results can be extremely messy.

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  • AUSTRALIA

    Building constitutional bridges: In conversation with Frank Brennan

    • David Halliday
    • 28 June 2024

    It's been eight months since the Voice referendum, and people are starting to grapple with what its defeat means for Australia. There are few voices in Australia as qualified to conduct a postmortem of the outcome of the Voice referendum campaign as Frank Brennan. We examine what lessons can be learned and crucually, whether there’s reason for hope for Indigenous constitutional recognition.

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  • AUSTRALIA

    For better laws on family violence, we need better data

    • Andrew Hamilton
    • 27 June 2024

    In addressing family violence, the immediate emphasis must be to protect women and children. But if the only response is harsher penalties in addressing any social problem, it is bound to be ineffective. Regulation depends also on understanding why people are drawn to behave badly and how the culture that supports it can be changed.

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  • AUSTRALIA

    The Sentencing of David McBride

    • Binoy Kampmark
    • 11 June 2024

    Former Australian military lawyer David McBride was convicted for leaking documents to the ABC which exposed war crimes in Afghanistan. He is the sole individual to be convicted in exposing alleged atrocities in the Afghanistan campaign by Australian special forces. 

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  • INTERNATIONAL

    Trump, convicted

    • David Halliday
    • 11 June 2024

    When Donald Trump was found guilty of 34 counts of falsifying business records, it represented a long-awaited triumph of the rule of law in the United States. But the verdict may not mean much in the long run, and has not affected Trump's popularity among voters. Watching Trump’s conviction from afar prompts us to consider how good we have it.

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  • AUSTRALIA

    Australia's OPCAT problem

    • Binoy Kampmark
    • 17 November 2022
    1 Comment

    Australia’s ratification of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) came about as a reaction to the abuses recorded at the Northern Territory’s Don Dale youth prison. To monitor compliance with OPCAT, UN independent inspection teams are permitted to conduct unannounced visits to any place where people are deprived of liberty. But on October 24, a Corrective Services NSW spokesperson announced that inspection teams were ‘refused entry without incident’.

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  • INTERNATIONAL

    Legitimised judicial captivity: The Assange case

    • Binoy Kampmark
    • 16 December 2021
    18 Comments

    The legal pursuit of Assange is disturbingly unique not only for using an archaic law against a non-US national; it is also the first instance of an international application of it against a publisher. The law, if applied in the way suggested by the charges, criminalise the receipt, dissemination and publication of national security information, irrespective of motive. If the US Espionage Act 1917 were applied in this way, it would appear to subvert the free press provision in the United States Constitution.

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  • AUSTRALIA

    Getting serious about children's rights

    • Bree Alexander
    • 22 November 2019
    4 Comments

    From strip searches to a needlessly low minumum age of criminal responsibility, Australia continues to be a menacing place for children encountering law enforcement. The need to be seen as 'tough on crime' plagues the major parties and precludes nuances within the criminal justice sphere including the protection of the rights of the child.

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  • AUSTRALIA

    Public health solutions to managing HIV

    • Kate Galloway
    • 29 November 2016
    2 Comments

    Earlier this year, a Queensland man was found not guilty of intentionally infecting his former girlfriend with HIV. The case was sent back to the District Court to determine a sentence for the lesser charge of grievous bodily harm. At the time of the decision, the not-guilty finding was both welcomed by advocates who see criminal prosecution as reflecting the stigma of the condition, and criticised by others who consider the criminal law an appropriate sanction for harm caused.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • ENVIRONMENT

    International ecocide law could criminalise Reef destruction

    • Bronwyn Lay
    • 23 September 2016
    3 Comments

    Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.

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  • INTERNATIONAL

    US gun law change can't come soon enough

    • Jim McDermott
    • 07 October 2015
    6 Comments

    In July, an NRA article entitled 'Australia: There Will be Blood' described Australia's gun buyback as a 'mass confiscation' that left guns in the hands of criminals and everyone else defenceless. Meanwhile, America has experienced more than one mass shooting per day so far this year. My hope is that we are in that time of unsustainable stasis Malcolm Gladwell talks about, during which nothing seems to be changing, while beneath the surface stability is being eroded, leading to sudden, permanent change.

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