What is crime? Who is the criminal?

The term "crime" is often "taken-for-granted" and poorly defined in contemporary Australian and International research. There is also considerable debate amongst scholars working in different theoretical tranditions about the appropriate definition of crime. This reflects broader public division about the types of behaviour or people that are classed as criminal.

The increasing criminalization of economic law : a competition law perspective

Purpose – The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges.
Design/methodology/approach – The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered.
Findings – There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute “organized crime” as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences.
Originality/value – This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime.

The pursuit of exclusion through zonal banning

In recent years, a growing emphasis has been placed on the use of zonal banning to address violence and anti-social behaviour associated with alcohol consumption. While we recognise the longer historical links between territory and crime, this article focuses on recent efforts to govern territory through new zonal regulations. Recent processes in Australia involve the conflation criminal law principles with processes of managing order in and around private spaces through new administrative approaches to alcohol-related law enforcement. The article outlines the nature of sub-sovereign ‘police laws’ and the extent to which they have been used based on Victorian data. We conclude by suggesting these developments need ongoing critical scrutiny given evidence of the ongoing expansion of proprietary-based principles in the management of urban disorder, and the potential for these developments to promote the increased use of surveillance technologies to exclude undesirable populations from the nighttime economies of Australian cities.

Homicide law reform, gender and the provocation defence: a comparative perspective

 The operation of the partial defence of provocation has animated significant debate for more than two decades among scholars, legal practitioners, politicians and the community. In recognition of the injustices that result from its operation, criminal justice systems worldwide have conducted reviews of the law of provocation and have implemented divergent reforms targeted at minimizing the influence of gender bias in the law's operations. Drawing on the voices of over one hundred members of the Victorian, New South Wales and English criminal justice systems, this book provides a much-needed comparative analysis of the operation of this controversial partial defence to murder, the varied approaches taken to reforming the law of provocation and the effects of these reforms in practice.

Mandatory jury directions in sexual assault trials in Victoria: less a model than a cautionary tale?

 Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for “urgent and wholesale reform”. In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out “guiding principles” that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.

Australia

The book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The chapter on Australia describes how the law in Australia addresses competition concerns arising from the grocery retail market, analyses its success in addressing these concerns and considers possible future reform.

Lemkin, the law and his legacy

Today I want to look at the proceedings that led up to the adoption of the GC in the UN. The events that led to the ratification by the UN are likewise intricate, but today we’ll just focus on the adoption. So adoption is where agreement is made on the content and form of the proposed treaty, so the Article in the GG are the focus here. After adoption, the treaty is ready for signatures and ratification. But the process isn’t as simple as it sounds.

Criminalising controlling and coercive behaviour: the next step in the prosecution of family violence?

A new offence of controlling or coercive behaviour in intimate or family relationships has recently come into force in England. The parliament of Scotland is contemplating introducing a related offence. The offence is distinctive because it criminalises conduct – controlling and coercive behaviour – which has specified negative behavioural and psychological consequences without necessarily requiring that a victim sustain physical injury or fear death or serious harm. This significant extension of the criminal law supplements anti-stalking legislation and has been justified on the basis that it addresses a core feature of abusive relationships, is essential to protect the human rights of victims of domestic abuse, and has community support. In the context of the ongoing debate about how best to tackle the problem of domestic abuse in Australia, this development provides an innovative – albeit still untested – model and should be closely examined.

Understanding evidence

The law of evidence is often seen as complex, inaccessible and difficult to master. This cases and materials book provides a concise accurate and invaluable analysis of this challenging discipline

What sort of mandatory penalties should we have?

The argument in favour of a widespread fixed penalty regime - adopting a primary rationale for punishment would facilitate a more coherent and exacting approach to sentencing - the central objections against fixed penalties are that they are too severe and lead to unfairness because they are unable to incorporate all the relevant sentencing variables - by adopting a utilitarian ethic as the primary rationale for punishment, these problems can be circumvented - no utilitarian justification for disproportionate punishment, and penalties should not exceed the seriousness of the offence - no foundation for most sentencing considerations - by disregarding irrelevant considerations, the remaining can be incorporated into a fixed penalty system - the way would then be open for a coherent sentencing law system in which criminal justice is governed by pre-determined rules and principles as opposed to the intuition of sentencers.