Jodie O'Leary | Central Queensland University (original) (raw)

Books by Jodie O'Leary

LexisNexis Butterworths, 2018

Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and Western Australia:... more Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and Western Australia: Cases and Materials 7th edition covers the Criminal Codes of Queensland and Western Australia and other significant state and Commonwealth legislation together with related decisions of the courts.

Although primarily designed for university law students, it will also provide a convenient aid for legal practitioners. This edition provides updated references in most chapters in light of amendments to legislation and recent case law.

Specifically it incorporates discussion of and/or extracts of such recent High Court decisions as Patel (on manslaughter by criminal negligence), Moti (on abuse of process), James (on alternative verdicts) and Barbaro and Bugmy (on sentencing); decisions of the Western Australia Court of Appeal, such as Goodwyn (on self-defence) and Weggers (on attempts); and of the Queensland Court of Appeal, such as Playford (on discretionary exclusion of confessions) and Brown (on judicial independence). It also expands the analysis of areas such as committals, bail and fitness to plead.

The book can be bought here: http://store.lexisnexis.com.au/product?product=criminal-law-in-queensland-and-western-australia-cases-and-commentary-7th-edition&meta_F_and=9780409337471

Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribe... more Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.

However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.

The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.

Published Peer Reviewed Journal Articles by Jodie O'Leary

Bond Law Review, 2018

At the time of writing, the issue of domestic violence is under the spotlight in Australia. In Qu... more At the time of writing, the issue of domestic violence is under the spotlight in Australia. In Queensland, the focus on reducing the incidence of domestic violence has increased since the Taskforce on Domestic and
Family Violence released the ‘Not Now, Not Ever’ report. One of the most recent developments in Queensland is the Queensland Law Reform Commission’s Review and Report about whether a domestic violence disclosure scheme (‘DVDS’) should be introduced in Queensland. A DVDS aims to provide potential victims of domestic violence (and sometimes others) with details of their partners’ or potential partners’ history of domestic violence. This arguably allows potential victims to make more informed decisions about the relationship moving forward. DVDSs exist in England and Wales, Scotland and New Zealand. However, as yet, given their short life span, there have not been comprehensive reviews as to the
impact of such schemes upon victims and perpetrators. Further, although New South Wales is piloting a DVDS, a full evaluation as to the success or otherwise of the pilot is yet to be completed. As the empirical
evidence about DVDSs is sparse, this article considers analogous schemes targeting sex offenders in Australia, the US and the UK, to better comprehend and evaluate the effectiveness of such schemes. The article argues that, given the results related to sex offender registers and associated notification systems, DVDSs will not be effective in reducing recidivism, nor will recipients of information be likely to take proactive action. Further, while victims of domestic abuse come from diverse backgrounds, and domestic violence encompasses various forms of relationships, the majority of victims are women, and most perpetrators are men. Similarly, most victims of sexual offences are women. This article argues that the use of DVDSs, like sex offender registers, shifts responsibility for avoiding such abuse from the male perpetrators and society generally onto mostly female recipients of the disclosed information. This is a continued manifestation of the patriarchal power
underpinning such violence.

Fitness to stand trial is a necessary requisite for a fair trial in judicial proceedings. Researc... more Fitness to stand trial is a necessary requisite for a fair trial in judicial proceedings. Research within Australia is limited regarding juvenile fitness for trial, though recent evidence indicates that juvenile offenders are half as likely to be found unfit to stand trial compared to adult offenders. The study surveys lawyers (n = 20) and youth justice workers (n = 20) about their experiences with juveniles in the Queensland youth justice system. Over the preceding 12 months, 133 juveniles were identified as potentially unfit. Intellectual impairment (37%), immaturity (28%), and mental illness (26%) were the most prevalent conditions. Indigenous Australians were rarely referred for mental health evaluation. In comparison, juveniles (mostly non-indigenous) with mental illness and intellectual impairment were significantly more likely to be referred for evaluation. Pragmatic and tactical reasons were most frequently given for non-referral to the Queensland Mental Health Court, which at the time decided fitness

(2015) 39 Criminal Law Journal 40, 2015

Although research indicates that juveniles should be found unfit to plead at a greater rate than ... more Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly. The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article we argue that the law on fitness to plead in Queensland is in need of reform to combat such practice. We analyse the law in other Australian states and territories and the recommendations from the Review of the Mental Health Act 2000 (Qld) in search of a better approach.

26(2) Current Issues in Criminal Justice 159, 2014

Early in 2014 Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendmen... more Early in 2014 Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendments included removing the principle that detention should be a last resort, providing for the automatic transfer of 17-year-olds in detention to adult correctional facilities and a mandatory boot camp order for recidivist motor vehicle offenders in Townsville. This article demonstrates that these amendments are out of step with other Australian jurisdictions, conflict with international obligations and are out of touch with the evidence as to best practice in youth justice.

37(6) Criminal Law Journal 377, 2013

Recently it was reported that Queensland’s Liberal National Party Government is considering propo... more Recently it was reported that Queensland’s Liberal National Party Government is considering proposing amendments to the State’s juvenile justice legislation to expand the ability to name recidivist young offenders. This article suggests that such a proposal does not align with the evidence regarding juvenile development and offending, and will be ineffective as a deterrent, as well as increasing stigmatising potential. The article considers whether the provisions on naming in other States and Territories are better aligned with the available evidence. It concludes that the approach taken in the majority of jurisdictions, which rests on a presumption against naming, should be considered best practice.

20(6) Psychiatry, Psychology and Law 853, 2013

This study presents data on the number of juveniles raising and being found unfit to stand trial ... more This study presents data on the number of juveniles raising and being found unfit to stand trial in Queensland courts and investigates why Queensland juveniles are half as likely as adults to be found unfit to stand trial. The article briefly sets out the legal regimes determining questions of fitness in Queensland. The developmental characteristics of juveniles are explored, indicating that juveniles are more likely than adults to suffer from deficits in areas relevant to trial fitness. Some hypotheses regarding the low rate of applications and findings of juvenile unfitness are considered, including failings by legal practitioners to identify juveniles who potentially lack fitness; tactical decisions by legal practitioners who decide against formally raising unfitness; and shortcomings and confusion surrounding the law and procedure in relation to trial fitness.

10(3) Canberra Law Review 30, 2011

Amendments to the judge alone provisions in the ACT were proposed earlier this year in order to r... more Amendments to the judge alone provisions in the ACT were proposed earlier this year in order to reaffirm the value of juries, especially in serious criminal matters. These amendments became operational on 23 June 2011 over staunch criticism from the Opposition, the Human Rights Commissioner and members of the legal fraternity. This criticism sprang from human rights concerns, particularly that the amended provisions, which removed the right to a judge alone trial for those charged with particular serious offences, were in danger of breaching the accused’s right to a fair trial before an independent and impartial court protected under the Human Rights Act 2004 (ACT) (‘HRA’). This article records the development of these amendments and considers whether they are indeed HRA compliant. It traverses jurisprudence from relevant foreign jurisdictions, with similar rights protections, specifically Canada and the United Kingdom, and concludes that the ACT parliament needs to revise this legislation so that confidence in the judicial system is inspired rather than undermined.

(2011) 35 Criminal Law Journal 154, 2011

Recently, New South Wales amended its legislation to provide for judicial discretion when determi... more Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury trial was envisaged to protect the rights of accused. On the other, jury trials involve the community in the administration of justice. The acceptable reasons for granting judge alone trials and the grounds for excluding matters from their ambit are applied inconsistently, depending on whether the protection theory or the community participation theory is preferred.

12(1) Bond Law Review 64, 2000

In the past few years there has been considerable development in Commonwealth countries in the la... more In the past few years there has been considerable development in Commonwealth countries in the law of qualified privilege as it relates to political communication. Australia was the first to adopt an approach inconsistent with earlier authorities, in the High Court decision of Lange v ABC. The former Prime Minister of New Zealand also presented the opportunity for the New Zealand Court of Appeal to follow suit with their decision in Lange v Atkinson. This case proceeded to appeal in the Privy Council and the decision was handed down at the same time as the English decision of Reynolds v Times Newspapers Ltd. The latest instalment in the political communication saga is the New Zealand Court of Appeal’s reconsideration of Lange v Atkinson.

Book Chapters by Jodie O'Leary

Global Governance and Regulation: Order and Disorder in the 21st Century, 2018

International criminal law has become the preferred regulatory tool for addressing certain organi... more International criminal law has become the preferred regulatory tool for addressing certain organized violent behaviour. However, the growth of international criminal law has not improved global order. Indeed, the opposite is the case with recent increases in the levels of organized violence. This Chapter examines the crimes and modes of participation justiciable before judicial mechanisms used to respond to three conflicts: East Timor, Chad and the former Yugoslavia. In addition to those judicial mechanisms, the Chapter considers the International Criminal Court. The Chapter argues that, although the International Criminal Court has played an important role in advancing specificity of standards, the polycentric nature of international criminal law and the resulting regulatory pluralism creates incoherence in overall regulatory design. The Chapter further contends that to improve global order international criminal law would benefit from adding further principled-based standards to the current rules that address organized violent behaviour.

Brill's Encyclopaedia of Law and Religion (forthcoming), 2015

The Courts and the Media: Challenges in the Era of Digital and Social Media, 2012

'Elizabeth Green (formerly a prosecutor) and Jodie O'Leary (formerly a criminal defence lawyer) e... more 'Elizabeth Green (formerly a prosecutor) and Jodie O'Leary (formerly a criminal defence lawyer) explore the challenges to receiving a fair trial in the era of digital and social media. Green and O'Leary offer a comparative review of procedural options that are available in a number of common law jurisdictions that are employed to prevent jury contamination. After an analysis of approaches taken in the United States, the United Kingdom and New Zealand, a summary of the research that is available on juror contamination and an analysis of key Australian cases, these authors conclude that the only safe course is to have judge-alone trials in notorious cases.' Patrick Keyzer, 'Who Should Speak for the Courts and How? The Courts and the Media Today' in Keyzer, Johnston and Pearson (eds) The Courts and the Media: Challenges in the Era of Digital and Social Media (Halstead Press, 2012) 13.

Consulations/Submissions by Jodie O'Leary

LexisNexis Butterworths, 2018

Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and Western Australia:... more Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and Western Australia: Cases and Materials 7th edition covers the Criminal Codes of Queensland and Western Australia and other significant state and Commonwealth legislation together with related decisions of the courts.

Although primarily designed for university law students, it will also provide a convenient aid for legal practitioners. This edition provides updated references in most chapters in light of amendments to legislation and recent case law.

Specifically it incorporates discussion of and/or extracts of such recent High Court decisions as Patel (on manslaughter by criminal negligence), Moti (on abuse of process), James (on alternative verdicts) and Barbaro and Bugmy (on sentencing); decisions of the Western Australia Court of Appeal, such as Goodwyn (on self-defence) and Weggers (on attempts); and of the Queensland Court of Appeal, such as Playford (on discretionary exclusion of confessions) and Brown (on judicial independence). It also expands the analysis of areas such as committals, bail and fitness to plead.

The book can be bought here: http://store.lexisnexis.com.au/product?product=criminal-law-in-queensland-and-western-australia-cases-and-commentary-7th-edition&meta_F_and=9780409337471

Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribe... more Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.

However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.

The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.

Bond Law Review, 2018

At the time of writing, the issue of domestic violence is under the spotlight in Australia. In Qu... more At the time of writing, the issue of domestic violence is under the spotlight in Australia. In Queensland, the focus on reducing the incidence of domestic violence has increased since the Taskforce on Domestic and
Family Violence released the ‘Not Now, Not Ever’ report. One of the most recent developments in Queensland is the Queensland Law Reform Commission’s Review and Report about whether a domestic violence disclosure scheme (‘DVDS’) should be introduced in Queensland. A DVDS aims to provide potential victims of domestic violence (and sometimes others) with details of their partners’ or potential partners’ history of domestic violence. This arguably allows potential victims to make more informed decisions about the relationship moving forward. DVDSs exist in England and Wales, Scotland and New Zealand. However, as yet, given their short life span, there have not been comprehensive reviews as to the
impact of such schemes upon victims and perpetrators. Further, although New South Wales is piloting a DVDS, a full evaluation as to the success or otherwise of the pilot is yet to be completed. As the empirical
evidence about DVDSs is sparse, this article considers analogous schemes targeting sex offenders in Australia, the US and the UK, to better comprehend and evaluate the effectiveness of such schemes. The article argues that, given the results related to sex offender registers and associated notification systems, DVDSs will not be effective in reducing recidivism, nor will recipients of information be likely to take proactive action. Further, while victims of domestic abuse come from diverse backgrounds, and domestic violence encompasses various forms of relationships, the majority of victims are women, and most perpetrators are men. Similarly, most victims of sexual offences are women. This article argues that the use of DVDSs, like sex offender registers, shifts responsibility for avoiding such abuse from the male perpetrators and society generally onto mostly female recipients of the disclosed information. This is a continued manifestation of the patriarchal power
underpinning such violence.

Fitness to stand trial is a necessary requisite for a fair trial in judicial proceedings. Researc... more Fitness to stand trial is a necessary requisite for a fair trial in judicial proceedings. Research within Australia is limited regarding juvenile fitness for trial, though recent evidence indicates that juvenile offenders are half as likely to be found unfit to stand trial compared to adult offenders. The study surveys lawyers (n = 20) and youth justice workers (n = 20) about their experiences with juveniles in the Queensland youth justice system. Over the preceding 12 months, 133 juveniles were identified as potentially unfit. Intellectual impairment (37%), immaturity (28%), and mental illness (26%) were the most prevalent conditions. Indigenous Australians were rarely referred for mental health evaluation. In comparison, juveniles (mostly non-indigenous) with mental illness and intellectual impairment were significantly more likely to be referred for evaluation. Pragmatic and tactical reasons were most frequently given for non-referral to the Queensland Mental Health Court, which at the time decided fitness

(2015) 39 Criminal Law Journal 40, 2015

Although research indicates that juveniles should be found unfit to plead at a greater rate than ... more Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly. The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article we argue that the law on fitness to plead in Queensland is in need of reform to combat such practice. We analyse the law in other Australian states and territories and the recommendations from the Review of the Mental Health Act 2000 (Qld) in search of a better approach.

26(2) Current Issues in Criminal Justice 159, 2014

Early in 2014 Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendmen... more Early in 2014 Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendments included removing the principle that detention should be a last resort, providing for the automatic transfer of 17-year-olds in detention to adult correctional facilities and a mandatory boot camp order for recidivist motor vehicle offenders in Townsville. This article demonstrates that these amendments are out of step with other Australian jurisdictions, conflict with international obligations and are out of touch with the evidence as to best practice in youth justice.

37(6) Criminal Law Journal 377, 2013

Recently it was reported that Queensland’s Liberal National Party Government is considering propo... more Recently it was reported that Queensland’s Liberal National Party Government is considering proposing amendments to the State’s juvenile justice legislation to expand the ability to name recidivist young offenders. This article suggests that such a proposal does not align with the evidence regarding juvenile development and offending, and will be ineffective as a deterrent, as well as increasing stigmatising potential. The article considers whether the provisions on naming in other States and Territories are better aligned with the available evidence. It concludes that the approach taken in the majority of jurisdictions, which rests on a presumption against naming, should be considered best practice.

20(6) Psychiatry, Psychology and Law 853, 2013

This study presents data on the number of juveniles raising and being found unfit to stand trial ... more This study presents data on the number of juveniles raising and being found unfit to stand trial in Queensland courts and investigates why Queensland juveniles are half as likely as adults to be found unfit to stand trial. The article briefly sets out the legal regimes determining questions of fitness in Queensland. The developmental characteristics of juveniles are explored, indicating that juveniles are more likely than adults to suffer from deficits in areas relevant to trial fitness. Some hypotheses regarding the low rate of applications and findings of juvenile unfitness are considered, including failings by legal practitioners to identify juveniles who potentially lack fitness; tactical decisions by legal practitioners who decide against formally raising unfitness; and shortcomings and confusion surrounding the law and procedure in relation to trial fitness.

10(3) Canberra Law Review 30, 2011

Amendments to the judge alone provisions in the ACT were proposed earlier this year in order to r... more Amendments to the judge alone provisions in the ACT were proposed earlier this year in order to reaffirm the value of juries, especially in serious criminal matters. These amendments became operational on 23 June 2011 over staunch criticism from the Opposition, the Human Rights Commissioner and members of the legal fraternity. This criticism sprang from human rights concerns, particularly that the amended provisions, which removed the right to a judge alone trial for those charged with particular serious offences, were in danger of breaching the accused’s right to a fair trial before an independent and impartial court protected under the Human Rights Act 2004 (ACT) (‘HRA’). This article records the development of these amendments and considers whether they are indeed HRA compliant. It traverses jurisprudence from relevant foreign jurisdictions, with similar rights protections, specifically Canada and the United Kingdom, and concludes that the ACT parliament needs to revise this legislation so that confidence in the judicial system is inspired rather than undermined.

(2011) 35 Criminal Law Journal 154, 2011

Recently, New South Wales amended its legislation to provide for judicial discretion when determi... more Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury trial was envisaged to protect the rights of accused. On the other, jury trials involve the community in the administration of justice. The acceptable reasons for granting judge alone trials and the grounds for excluding matters from their ambit are applied inconsistently, depending on whether the protection theory or the community participation theory is preferred.

12(1) Bond Law Review 64, 2000

In the past few years there has been considerable development in Commonwealth countries in the la... more In the past few years there has been considerable development in Commonwealth countries in the law of qualified privilege as it relates to political communication. Australia was the first to adopt an approach inconsistent with earlier authorities, in the High Court decision of Lange v ABC. The former Prime Minister of New Zealand also presented the opportunity for the New Zealand Court of Appeal to follow suit with their decision in Lange v Atkinson. This case proceeded to appeal in the Privy Council and the decision was handed down at the same time as the English decision of Reynolds v Times Newspapers Ltd. The latest instalment in the political communication saga is the New Zealand Court of Appeal’s reconsideration of Lange v Atkinson.

Global Governance and Regulation: Order and Disorder in the 21st Century, 2018

International criminal law has become the preferred regulatory tool for addressing certain organi... more International criminal law has become the preferred regulatory tool for addressing certain organized violent behaviour. However, the growth of international criminal law has not improved global order. Indeed, the opposite is the case with recent increases in the levels of organized violence. This Chapter examines the crimes and modes of participation justiciable before judicial mechanisms used to respond to three conflicts: East Timor, Chad and the former Yugoslavia. In addition to those judicial mechanisms, the Chapter considers the International Criminal Court. The Chapter argues that, although the International Criminal Court has played an important role in advancing specificity of standards, the polycentric nature of international criminal law and the resulting regulatory pluralism creates incoherence in overall regulatory design. The Chapter further contends that to improve global order international criminal law would benefit from adding further principled-based standards to the current rules that address organized violent behaviour.

Brill's Encyclopaedia of Law and Religion (forthcoming), 2015

The Courts and the Media: Challenges in the Era of Digital and Social Media, 2012

'Elizabeth Green (formerly a prosecutor) and Jodie O'Leary (formerly a criminal defence lawyer) e... more 'Elizabeth Green (formerly a prosecutor) and Jodie O'Leary (formerly a criminal defence lawyer) explore the challenges to receiving a fair trial in the era of digital and social media. Green and O'Leary offer a comparative review of procedural options that are available in a number of common law jurisdictions that are employed to prevent jury contamination. After an analysis of approaches taken in the United States, the United Kingdom and New Zealand, a summary of the research that is available on juror contamination and an analysis of key Australian cases, these authors conclude that the only safe course is to have judge-alone trials in notorious cases.' Patrick Keyzer, 'Who Should Speak for the Courts and How? The Courts and the Media Today' in Keyzer, Johnston and Pearson (eds) The Courts and the Media: Challenges in the Era of Digital and Social Media (Halstead Press, 2012) 13.

Mackenzie and Colvin, Homicide in Abusive Relationships: A Report on Defences, Report prepared for the Queensland Department of Justice and the Attorney General

Victims Who Kill Their Abusers: A Discussion Paper on Defences, Report prepared for the Queensland Department of Justice and the Attorney General

The National Legal Eagle, 2011

The National Legal Eagle, 2009

The National Legal Eagle, 2008

The National Legal Eagle, 2007

Recently, New South Wales amended its legislation to provide for judicial discretion when determi... more Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused's right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury trial was envisaged to protect the rights of accused. On the other, jury trials involve the community in the administration of justice. The acceptable reasons for granting judge alone trials and the grounds for excluding matters from their ambit are applied inconsistently, depending on whether the protection theory or the community participation theory is preferred.

O'Leary, J ORCiD: 0000-0002-8062-8062Dan Toombs, the author of the book Disability and the Qu... more O'Leary, J ORCiD: 0000-0002-8062-8062Dan Toombs, the author of the book Disability and the Queensland Justice System, explains his journey as a lawyer new to the field as trying to find his ‘way through the labyrinth of disability and criminal law.’1 His useful book provides a complete guide for practitioners and researchers alike as to how to navigate the complicated Queensland system that purports to protect accused persons who suffer disabilities, particularly focusing on the Mental Health Act 2000 (Qld)

Legal and Social Issues Committee Committee functions The Legal and Social Issues Committee (Legi... more Legal and Social Issues Committee Committee functions The Legal and Social Issues Committee (Legislation and References) is established under the Legislative Council Standing Orders Chapter 23-Council Committees, and Sessional Orders. The committee's functions are to inquire into and report on any proposal, matter or thing concerned with community services, gaming, health, law and justice, and the coordination of government. The Legal and Social Issues Committee (References) may inquire into, hold public hearings, consider and report on other matters that are relevant to its functions. The Legal and Social Issues Committee (Legislation) may inquire into, hold public hearings, consider and report on any Bills or draft Bills referred by the Legislative Council, annual reports, estimates of expenditure or other documents laid before the Legislative Council in accordance with an Act, provided these are relevant to its functions.

Legal Affairs and Community Safety Committee iii Contents Abbreviations iv Chair's foreword v Rec... more Legal Affairs and Community Safety Committee iii Contents Abbreviations iv Chair's foreword v Recommendations vi In his introductory speech, the Attorney-General flagged he would be making amendments to the Bill at the consideration in detail stage of the Bill's progress through the Parliament. The Department provided the further amendments to the Committee for consideration on

The National Legal Eagle, 2010

ABSTRACT Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and W... more ABSTRACT Eric Colvin, John McKechnie and Jodie O’Leary's Criminal Law in Queensland and Western Australia: Cases and Materials 7th edition covers the Criminal Codes of Queensland and Western Australia and other significant state and Commonwealth legislation together with related decisions of the courts. Although primarily designed for university law students, it will also provide a convenient aid for legal practitioners. This edition provides updated references in most chapters in light of amendments to legislation and recent case law. Specifically it incorporates discussion of and/or extracts of such recent High Court decisions as Patel (on manslaughter by criminal negligence), Moti (on abuse of process), James (on alternative verdicts) and Barbaro and Bugmy (on sentencing); decisions of the Western Australia Court of Appeal, such as Goodwyn (on self-defence) and Weggers (on attempts); and of the Queensland Court of Appeal, such as Playford (on discretionary exclusion of confessions) and Brown (on judicial independence). It also expands the analysis of areas such as committals, bail and fitness to plead. Available to purchase here: http://store.lexisnexis.com.au/product?product=criminal-law-in-queensland-and-western-australia-cases-and-commentary-7th-edition&meta_F_and=9780409337471

International criminal law has become the preferred regulatory tool for addressing certain organi... more International criminal law has become the preferred regulatory tool for addressing certain organized violent behaviour. However, the growth of international criminal law has not improved global order. Indeed, the opposite is the case with recent increases in the levels of organized violence. This Chapter examines the crimes and modes of participation justiciable before judicial mechanisms used to respond to three conflicts: East Timor, Chad and the former Yugoslavia. In addition to those judicial mechanisms, the Chapter considers the International Criminal Court. The Chapter argues that, although the International Criminal Court has played an important role in advancing specificity of standards, the polycentric nature of international criminal law and the resulting regulatory pluralism creates incoherence in overall regulatory design. The Chapter further contends that to improve global order international criminal law would benefit from adding further principled-based standards to the current rules that address organized violent behaviour.