Consent as a Common Law Defence to Non-Sexual Assaults: The Effect of Neal v The Queen

The following discussion is an exposition of the recognised exceptions to the general rule that the law will not sanction the giving of a lawful consent to the application or threat of actual or grievous bodily harm. The discussion will also focus on a series of decisions in the UK and Australia, particularly Neal v The Queen, that have altered the law's approach to these exceptions and, more importantly, now permit a personto give an informed consent to the risk of contracting HIV or any other sexually transmitted diseases, provided there was no intention on the part of the accused to actually infect the other person. The underlying rationale for sanctioning an informed consent to such a risk is that consenting adults should be accorded the utmost autonomy in conductingtheir private affairs, and particularly so in the context of the choices they make regarding their private sexual activities. Whether one agrees or disagrees with the notion of allowing one to lawfully consent to such a risk, it raises an important question as to the current status of the general rule that one cannot generally give an informed consent to the applicationor threat of actual or grievous bodily harm. More succinctly stated, if the law is prepared to allow an informed consent to the risk of contracting a potentially fatal disease, then what remains of what had previously been a well-settled rule that, save for a few well-recognised exceptions, persons were generally prohibited from consenting to the application or threat of actual or grievous bodily harm?

Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

Male social workers in child family welfare : new directions for research

Gillingham reflects on the developments in theory and research about male social workers in child and family welfare. The position of male social workers in direct practice in child and family welfare is contentious given that men commit a majority of the physical and sexual assaults against women and children.

Vigilantism, the press and signal crimes 2006 - 2007

The clear presence of vengeance as an underlying motive behind calls for self-help in the immediate aftermath of some violent homicides indicates that community protection is largely irrelevant where vigilantism is associated with these 'signal crimes'. This paper documents the characteristics of five major cases between 2006 and 2007 where the threat ofcommunity-generated vigilante activity received media coverage, the nature of that coverage, the role of police in cautioning the public to reassert their legitimacy and monopoly over the correct procedures for conducting criminal
investigations and the implications of these issues in light of the moral 'outrage' associated with the status of the victim in each case. In an era of increased community concern about crime, it appears vigilantism is an important rhetorical indicator of the level of collective insecurity prompted by fatal assaults, especially in regional areas characterised by underlying racial
tensions and cases involving vulnerable child victims. However, when viewed alongside the virtual victimhood promoted by stylised press reporting, it appears 'vigilantism' is a pertinent signifier of public anxiety over the timing, location and antecedents of some serious violent crimes, rather than a descriptor of any substantive community-generated measures aimed at promoting greater levels of public safety.

Sources of stress in South African soccer coaches

It has been noted that coaches face a number of challenges, frustrations, conflicts and tensions, most of which translate into perceived stress. With the re-entry of South Africa into the international sporting arena, little is known about South African coaches and what specific stresses they experience. Thus, the present study used a mixed-method approach in exploring the perceptions of stress among South African soccer coaches. More specifically, 12 South African coaches were interviewed (using semi-structured interview guides) on their perceptions of sources of stress. Furthermore, 112 soccer coaches (at the provincial level and higher) were approached to complete a 32-item questionnaire on the sources of stress related to their job as coaches. Content analysis was used to evaluate the qualitative data while the descriptive data analysis was completed using the Statistical Package for Social Sciences (SPSS – version 16). The reliability was tested for the sources of stress (a= .817) for the 32 items. The sources of stress experienced by the coaches were evaluated. The results revealed the three main themes related to sources of stress were Resource Issues, External Pressure and Internal Capacity. Complementing these results, the top three sources of stress found through the descriptive statistics were lack of resources, fixture backlog and games where the outcome is critical, while the lowest three sources of stress were political interference, physical assaults from players and substituting a player. Specific academic and practical implications of the study the results were discussed.

Coping under pressure : strategies for maintaining confidence amongst South African soccer coaches

Sport coaching can be a fulfilling and rewarding occupation, but can also be stressful because of the demands and expectations of various external factors. The complex and extraordinary demands placed on coaches, force them to perform multiple roles (e.g. educator, motivator, counsellor, adviser, trainer, manager and administrator). Soccer coaches face a number of challenges, frustrations, conflicts and tensions, the enormity of which is often underestimated. This notion is supported by the description of coaching as a perilous occupation in which coaches experience pressures like stress, conflict and tension, media pressure and intrusions into family life. This study explored the perceptions of South African soccer coaches in terms of the mechanisms they use to cope with potential stressors experienced in their jobs and employed a non-experimental design, using a quantitative approach, to assess stress and coping strategies of South African coaches. One hundred and twelve soccer coaches, coaching at the provincial level and higher, completed a questionnaire on stress and stress coping mechanisms used in their coaching jobs. Descriptive data analysis was completed using the Statistical Package for Social Sciences (SPSS – version 16). The sources of stress experienced and coping methods used by the coaches were evaluated. Results revealed that the top three sources of stress were a lack of resources, fixture backlog and games where the outcome is critical, whilst the lowest three sources of stress were political interference, physical assaults from players and substituting a player. Moreover, various coping strategies used by the coaches showed that an average of 5.68%, 5.14% and 89.78% of the sample used maladaptive coping, emotion management coping and problem management coping strategies respectively. Academic and practical implications of the study results are discussed.

Effects of social characters in viral propagation seeding strategies in online social networks

Online social networks have not only become a point of aggregation and exchange of information, they have so radically rooted into our everyday behaviors that they have become the target of important network attacks. We have seen an increasing trend in Sybil based activity, such as in personification, fake profiling and attempts to maliciously subvert the community stability in order to illegally create benefits for some individuals, such as online voting, and also from more classic informatics assaults using specifically mutated worms. Not only these attacks, in the latest months, we have seen an increase in spam activities on social networks such as Facebook and RenRen, and most importantly, the first attempts at propagating worms within these communities. What differentiates these attacks from normal network attacks, is that compared to anonymous and stealthy activities, or by commonly untrusted emails, social networks regain the ability to propagate within consentient users, who willingly accept to partake. In this paper, we will demonstrate the effects of influential nodes against non-influential nodes through in simulated scenarios and provide an overview and analysis of the outcomes.

Dealing with alcohol-related harm and the night-time economy

Alcohol-related problems are a major cause of social disorder and illness in Australia. In particular, problems associated with the night-time economies of urban and regional centres cause substantial community concern and are a considerable drain on police, community and health resources. The estimated cost of alcohol to the community is $15.3 billion, including costs associated with crime, violence, patient treatment, loss of productivity and premature deaths in 2004–05 (Collins 2008). Alcohol has also been identified as a factor in around three quarters of assaults and incidents of offensive behaviour on the street (Buss 1995). Previous research has identified several issues that contribute to the levels of short-term harm associated with risky drinking. These include: excessive consumption at licensed premises, consumption in public areas and lack of transport and security in entertainment precincts (Homel et al. 1992; Graham & Homel 2008).

Drinking in licensed venues is another predictor of harm and public disorder. More than half of offences occurring on the street have been associated with licensed premises in Australia (Buss 1995). A complex range of factors increase risky drinking and associated harms on licensed premises including: aspects of patron mix; levels of comfort, boredom, and intoxication; promotions that cause mass intoxication; and the behaviour of security/bouncers (Homel et al. 1992). Violence has also been shown to be perpetuated by poor venue management, lax police surveillance, lack of transport options for patrons, and inappropriate bureaucratic controls and legislation (Homel et al. 1992). This project aims to provide evidence-based knowledge regarding the implementation and impact of innovative local initiatives directed at alcohol-related harms.

ID scanners in the night-time economy: Social sorting or social order?

Digital technologies are often considered effective methods of deterring or preventing crime. New forms of surveillance have particular appeal when attempting to reduce violence in the night-time economy, given ongoing concerns over perceived increases in the frequency and severity of reported assaults. This study examines the rationales for adopting compulsory patron ID scanning as a key method of reducing violence in and around licensed venues in the Victorian regional city of Geelong. Using a mixed methods approach, this paper challenges the popular perception that ID scanning has helped to reduce violence Geelong’s night-time economy. Further, the research identifies several limits in the administration of this technology that potentially undermine patron safety in the night-time economy. The authors conclude by proposing a series of reforms to address current regulatory gaps associated with ID scanning and related surveillance and identity authentication technologies to prevent crime.

Review article: Emergency department data sharing to reduce alcohol-related violence: a systematic review of the feasibility and effectiveness of community-level interventions.

The present paper aims to review current evidence for the effectiveness and/or feasibility of using inter-agency data sharing of ED recorded assault information to direct interventions reducing alcohol-related or nightlife assaults, injury or violence. Potential data-sharing partners involve police, local council, liquor licensing regulators and venue management. A systematic review of the peer-reviewed literature was conducted. The initial search discovered 19,506 articles. After removal of duplicates and articles not meeting review criteria, n = 8 articles were included in quantitative and narrative synthesis. Seven of eight studies were conducted in UK EDs, with the remaining study presenting Australian data. All studies included in the review deemed data sharing a worthwhile pursuit. All studies attempting to measure intervention effectiveness reported substantial reductions of assaults and ED attendances post-intervention, with one reporting no change. Negative logistic feasibility concerns were minimal, with general consensus among authors being that data-sharing protocols and partnerships could be easily implemented into modern ED triage systems, with minimal cost, staff workload burden, impact to patient safety, service and anonymity, or risk of harm displacement to other licensed venues, or increase to length of patient stay. However, one study reported a potential harm displacement effect to streets surrounding intervention venues. In future, data-sharing systems should triangulate ED, police and ambulance data sources, and assess intervention effectiveness using randomised controlled trials that account for variations in venue capacity, fluctuations in ED attendance and population levels, seasonal variations in assault and injury, and control for concurrent interventions.

Restrictions in pub closing times and lockouts in Newcastle, Australia five years on.

In 2008 pub closing times were restricted from 5 am to 3:30 am in the central business district (CBD) of Newcastle, Australia. A previous study showed a one-third reduction in assaults in the 18 months following the restriction. We assessed whether the assault rate remained lower over the following 3.5 years and whether the introduction of a 'lockout' in nearby Hamilton was associated with a reduction in assaults there.

The effect of community interventions on alcohol-related assault in Geelong, Australia

Alcohol has consistently been demonstrated to increase levels of aggression and violence, particularly in late night licensed venues. Since 2005, the City of Geelong in Australia has implemented a substantial number of interventions to reduce alcohol related violence, including a liquor accord, increased police surveillance, ID scanners, CCTV, a radio network and an alcohol industry sponsored social marketing campaign. The aim of the current study is to assess the individual and collective impact of community interventions on indicators of alcohol-related assaults in the Geelong region. This paper reports stage one findings from the Dealing with Alcohol-related problems in the Night-time Economy project (DANTE) and specifically examines assault rate data from both emergency department presentations, ICD-10 classification codes, and police records of assaults. None of the interventions were associated with reductions in alcohol-related as-sault or intoxication in Geelong, either individually or when combined. However, the alcohol industry sponsored social marketing campaign ‘Just Think’ was associated with an increase in assault rates. Community level interventions appeared to have had little effect on assault rates during high alcohol times. It is also possible that social marketing campaigns without practical strategies are associated with increased assault rates. The findings also raise questions about whether interventions should be targeted at reducing whole-of-community alcohol consumption.

Evaluating a school-based alcohol program: the WARP experience

The Western Alcohol Reduction Program (WARP) is a community designed and lead, secondary school-based, program that seeks to address issues related to alcohol use by young people in the Melbourne western metropolitan region. Taking a whole-of community approach, the program consisted of six programs for a class of 20 students from schools in western Melbourne. The program sought to highlight negative influences of alcohol on life outcomes, and addresses the issues of alcohol-related behaviour in assaults, injuries and preventable consequences of risk-taking behaviour. The findings of this evaluation suggest that students have modified some of their drinking behaviours over the program, have modified some of their risky behaviours and have increased their knowledge in some areas. This program, designed specifically to meet the needs of the local school and students, has the potential to increase the alcohol- and drug-related knowledge of students, while also having a positive impact on alcohol-related behaviours.