The Criminal & Litigation team has published the following products in the Criminal law practice area in October 2013.

Australian Sentencing – Update 11 

• Mirko Bagaric has written new commentary on judicial reasoning, double jeopardy, procedural fairness in sentencing and incapacitation.

• Legislative amendments have been made to the:
  •  Crimes (Sentencing) Act 2005
  • Penalties and Sentences Act 1992
  • Sentencing Act 1991
  • Sentencing Act 1995

Criminal Law NSW – Update 242 

• Greg Hosking SC has written new commentary on s 117 of the Road Transport Act 2013, including s 117 offences, elements of offences, defences to charges and additional penalties.

• Legislative amendments have been made to the:
  • Crimes Act 1900
  • Drug Misuse and Trafficking Act 1985
  • Road Transport Act 2013
  • Road Transport (General) Regulation 2013
  • Road Transport (Vehicle and Driver Management) Regulation 2005
  • Children and Young Persons (Care and Protection) Act 1998
  • Royal Commissions Act 1923
  • Criminal Appeal Rules
  • The Independent Commission Against Corruption Act 1988 

Criminal Law Vic – Update 128 

• Justice Priest has reviewed and updated the commentary to the Sentencing Act 1991. Commentary has been updated to reflect changes made by the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 and Road Safety and Sentencing Acts Amendment Act 2013. New commentary relating to sentencing for gross violence offences has also been added.

• Legislative amendments have been made to the:
  • Criminal Procedure Act 2009
  • Drugs, Poisons and Controlled Substances Regulations 2006
  • Sentencing Act 1991 

Federal Offences – Update 156 

• Professor Mirko Bagaric has written new commentary on sentencing, including insider trading provisions and serious federal drug offences. 

• Legislative amendments have been made to the:
  • Customs Act 1901
  • Social Security (Administration) Act 1999
  • Service and Execution of Process Act 1992

• The Evidence and Procedure (New Zealand) Act 1994 was repealed by the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 (SLI 36 of 2010), with effect from 11 October 2013.

Motor Vehicle Law NSW – Update 216 

• Legislative amendments have been made to the:
  • Road Rules 2008
  • Road Transport Act 2013
  • Road Transport (General) Regulation 2013
  • Road Transport (Vehicle and Driver Management) Regulation 2005 

Motor Vehicle Law Qld – Update 183 

• Simon Cilento has written new commentary on civil liability and updated the causation and defences section.

• Nick Tucker has written new commentary on the Transport Operations (Road Use Management) Act 1995, the Criminal Code Act 1899, the Police Powers and Responsibilities Act 2000 and the Penalties and Sentences Act 1992. 

• Legislative amendments have been made to the:
  • Civil Liability Act 2003
  • Motor Accident Insurance Act 1994
  • Transport Operations (Road Use Management) Act 1995
  • Transport Operations (Passenger Transport) Act 1994
  • Transport Infrastructure Act 1994
  • Criminal Code Act 1899
  • Police Powers and Responsibilities Act 2000
  • State Penalties Enforcement Act 1999
  • Penalties and Sentences Act 1992

Summary Justice SA – Update 127 

• Danielle Andrewartha has written new commentary on the preventative justice, including paedophile restraining orders, interim intervention orders, priority for intervention against domestic abuse and inconsistent family law act or children’s protection act orders.

• Legislative amendments have been made to the:
  • Correctional Services Act 1982
  • Summary Offences Act 1953
  • Magistrates Court Rules 1992

Summary Offences Qld – Update 76 

• Nicholas Tucker has written new commentary on the Justices Act 1886, the Summary Offences Act 2005 and the Victims of Crime Assistance Act 2009.

• Legislative amendments have been made to the:
  • Justices Act 1886
  • Justices Regulation 2004
  • Summary Offences Act 2005
  • Victims of Crime Assistance Act 2009

Uniform Evidence Law – Update 53 

• Stephen J Odgers SC has written new commentary on the Evidence Act (Cth, NSW and Vic).

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