Amanda Whitfort | The University of Hong Kong (original) (raw)
Uploads
Papers by Amanda Whitfort
Although similar fact evidence has been admitted in criminal trials for the past century it has b... more Although similar fact evidence has been admitted in criminal trials for the past century it has been notoriously difficult for judges and lawyers to identify its appropriate uses and limitations. The Hong Kong Court
Conference Theme: One Earth: Globalism & Animal La
Journal of Applied Animal Welfare Science
Theme: Animals, People - a Shared Environmen
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2009
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2005
Revie
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2008
in 1994, comprising 198 pages, to the 646 page tome it represents today. Those of us who work in ... more in 1994, comprising 198 pages, to the 646 page tome it represents today. Those of us who work in crime are very grateful for their efforts. The 5t edition continues to reference not only Hong Kong judgments but, also where appropriate, decisions of Australian, Canadian and UK courts. This useful practice ensures principles from outside Hong Kong which can be considered instructive can also be considered by the practitioner preparing his case. The current edition of the book has added domestic violence, fraud, pick pocketing and triad activity to the list of aggravating factors taken into account by a court in determining the seriousness of an offence and the calculation of a sentence. Domestic violence in our community has attracted a large share of media attention and public outcry in recent months, and the authors' reference to recent decisions from Australia and Hong Kong highlights the likelihood that offenders will receive both specific and generally deterrent sentences. The aggravating factors identifiable in cases of fraud are described with reference to recent Hong Kong cases. Whilst common sense would generally indicate the likely factors which would aggravate a fraud sentence, it is useful to have guidance cases cited by the authors for a practitioner to refer to on a plea. The guideline tariff for pick pocketing is provided along with a useful list of aggravating features. The case law cited underscores the Court of Appeal's insistence that repeat offending is a relevant and important aggravating feature in sentencing. The 5t edition also expands the list of mitigating factors which might be used by the defence practitioner to argue for a lesser sentence. The list now also addresses addiction, age of offence, claustrophobia, media coverage, mercy, mistaken belief in the nature of drugs, profit of crime and voluntary repayment.
link_to_subscribed_fulltex
4 ITAA 1997 s 50-5, items 1.1 and 1.5B. There is an additional category of tax exempt funds calle... more 4 ITAA 1997 s 50-5, items 1.1 and 1.5B. There is an additional category of tax exempt funds called "income tax exempt funds" which includes funds established by will or instrument of trust which are not charitable but which are established solely to distribute funds to deductible gift recipients. ITAA 1997 s 50-20. 5 ITAA 1997 s 50-50. See also ATO, Gift Pack, Guide for deductible gift recipients and donors (NAT 3132) (2007) pp 28-29. 6 ITAA 1997 s 50-52 (charitable institutions and funds). The general requirements for endorsement are provided in ITAA97 ss50-105 and 50-110. The Commissioner is required to endorse an entity as exempt if the entity is entitled to the endorsement ! Adjunct lecturer in animal law, Faculty of Law, University of New South Wales. Any opinions expressed herein are entirely the author's own. 1 I would like to thank Catherine Ford for her invaluable help with the research for this paper.
Although similar fact evidence has been admitted in criminal trials for the past century it has b... more Although similar fact evidence has been admitted in criminal trials for the past century it has been notoriously difficult for judges and lawyers to identify its appropriate uses and limitations. The Hong Kong Court
Conference Theme: One Earth: Globalism & Animal La
Journal of Applied Animal Welfare Science
Theme: Animals, People - a Shared Environmen
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2009
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2005
Revie
Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/, 2008
in 1994, comprising 198 pages, to the 646 page tome it represents today. Those of us who work in ... more in 1994, comprising 198 pages, to the 646 page tome it represents today. Those of us who work in crime are very grateful for their efforts. The 5t edition continues to reference not only Hong Kong judgments but, also where appropriate, decisions of Australian, Canadian and UK courts. This useful practice ensures principles from outside Hong Kong which can be considered instructive can also be considered by the practitioner preparing his case. The current edition of the book has added domestic violence, fraud, pick pocketing and triad activity to the list of aggravating factors taken into account by a court in determining the seriousness of an offence and the calculation of a sentence. Domestic violence in our community has attracted a large share of media attention and public outcry in recent months, and the authors' reference to recent decisions from Australia and Hong Kong highlights the likelihood that offenders will receive both specific and generally deterrent sentences. The aggravating factors identifiable in cases of fraud are described with reference to recent Hong Kong cases. Whilst common sense would generally indicate the likely factors which would aggravate a fraud sentence, it is useful to have guidance cases cited by the authors for a practitioner to refer to on a plea. The guideline tariff for pick pocketing is provided along with a useful list of aggravating features. The case law cited underscores the Court of Appeal's insistence that repeat offending is a relevant and important aggravating feature in sentencing. The 5t edition also expands the list of mitigating factors which might be used by the defence practitioner to argue for a lesser sentence. The list now also addresses addiction, age of offence, claustrophobia, media coverage, mercy, mistaken belief in the nature of drugs, profit of crime and voluntary repayment.
link_to_subscribed_fulltex
4 ITAA 1997 s 50-5, items 1.1 and 1.5B. There is an additional category of tax exempt funds calle... more 4 ITAA 1997 s 50-5, items 1.1 and 1.5B. There is an additional category of tax exempt funds called "income tax exempt funds" which includes funds established by will or instrument of trust which are not charitable but which are established solely to distribute funds to deductible gift recipients. ITAA 1997 s 50-20. 5 ITAA 1997 s 50-50. See also ATO, Gift Pack, Guide for deductible gift recipients and donors (NAT 3132) (2007) pp 28-29. 6 ITAA 1997 s 50-52 (charitable institutions and funds). The general requirements for endorsement are provided in ITAA97 ss50-105 and 50-110. The Commissioner is required to endorse an entity as exempt if the entity is entitled to the endorsement ! Adjunct lecturer in animal law, Faculty of Law, University of New South Wales. Any opinions expressed herein are entirely the author's own. 1 I would like to thank Catherine Ford for her invaluable help with the research for this paper.