Contents

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JCL 76 (2012) 472

Offences against the Person: Into the 21st Century
Michael Jefferson

The Law Commission will shortly begin discussions on reform of the law of non-fatal offences by issuing a scoping paper. This article starts with a review of recent improvements in the ways in which the Commission may get its Bills enacted. It then critiques the principal (to modern eyes) crimes of this kind found in the Offences against the Person Act 1861. Its focus lies on those offences and not the more policy-driven law, for example, on the transmission of HIV/AIDS, sado-masochism, male circumcision, and boxing (all of which are highly important). It concentrates on the Commission's previously expressed concerns that the statute's language is archaic and that the Act fails to provide a hierarchy (a 'ladder') of offences. It concludes with a redraft of the statute and a quote from Henry LJ in R v Lynsey that 'Bad laws cost money and clog up the courts with better things to do'.

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JCL 76 (2012) 493

Mandatory Harsh Penalties for People Smugglers in Australia: Time for Reform
Mirko Bagaric and Athula Pathinayake

People-smuggling offences in Australia carry long mandatory terms of imprisonment. The penalties are so severe that many members of the judiciary have taken the unusual step of criticising them. An analysis of the sentencing regime for these offences demonstrates that the penalties are, indeed, too harsh. They are disproportionate to the objective seriousness of the offences and are incapable of deterring would-be offenders. If a fixed penalty is to be maintained for such offences, it should be in the order of imprisonment for three months-not five years-with a minimum term of three years. The offences discussed in this article relate to Australia, however, the people-smuggling phenomenon occurs in most developed nations. Thus the principles discussed below are of more wide-ranging application.

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JCL 76 (2012) 512

Restraining Orders Following an Acquittal in Domestic Violence Cases: Securing Greater Victim Safety?
Vanessa Bettinson

This article explores the use of post-acquittal restraining orders in domestic violence cases. It considers whether these orders, civil in nature, should be imposed by a criminal court upon a defendant who has been acquitted. The procedural and human rights concerns of both the defendant of domestic violence cases and the victim are considered and the conclusion is drawn that these restraining orders can accommodate the balance between the interests of defendant and victim. It is argued that further training of prosecutors, judges and magistrates in the use of post-acquittal restraining orders would further improve the Crown Prosecution Service's overall strategy to improve its performance in domestic violence-related cases.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   5   6

Volume 74 (2010) :   1   2   3   4   5   6

Volume 75 (2011) :   1   2   3   4   5   6

Volume 76 (2012) :   2   3   4   5   6

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