Contents
Volume 68 Number 4 2004
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
iv
Opinion
Pleas in murder cases
James Morton
265
Criminal Law Legislation Update
Sally Ireland
269
Divisional Court
Prison: early release; European Convention on Human Rights, Article 14
273
Court of Appeal
Caution: status as 'criminal cause or matter'
276
Child pornography: restraining order
278
Theft Act 1978, s. 1: meaning of 'services'
282
Identification procedures: disputed identification; dispute as to participation not presence; no comment interview
285
House of Lords
Juries: evidence of deliberations
290
Prison death: requirement to investigate; European Convention on Human Rights, Article 2
294
Judicial Committee of the Privy Council
Trinidad and Tobago: murder-constitutionality of constructive malice and mandatory death sentence
301
Comment
The impact of the Criminal Justice Act 2003 on similar fact evidence
Gregory Durston
307
Articles
Murder as an offence under English law
Michael Hirst
315
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JCL 68 (2004) 315
Murder as an offence under English law
Michael Hirst
This article examines the territorial and extra-territorial ambit of the offence of murder under English law. This is not strictly speaking a question concerning the jurisdiction of the courts, but one concerning the actus reus of the offence itself. Murder committed outside England and Wales cannot ordinarily amount to an offence under English law, but there are numerous exceptions to this general rule, which are noted and (in the case of the more significant exceptions) examined here.
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The disunity of employment law and sentencing
Mirko Bagaric
329
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JCL 68 (2004) 329
The disunity of employment law and sentencing
Mirko Bagaric
This article discusses the lack of integration between criminal sanctions and employment deprivations (in the form of being dismissed from employment or disqualified from working in certain industries). Offenders who are employed in certain industries, especially the professions, often suffer a far greater net punishment upon found being guilty of a criminal offence than other offenders, thereby violating the principle of proportionality and the (related) principle of equality in the impact of sanctions. The reason that such a situation has developed is because criminal sanctions and employment deprivations have evolved from different streams of jurisprudence. This article argues that sentencers should impose a 'net' sanction for a criminal offence, thereby merging these streams of jurisprudence. This would require courts to be vested with the power to suspend or disqualify people from being employed in certain occupations. The legal analysis in is article focuses on case and statutory law in Australia, however, the same broad principles apply in all common law jurisdictions, including the UK. Hence, the reform proposals suggested in this article are relevant throughout the common law world.
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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
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