Archive for December, 2009
12.08.09
Posted in Crime and Society, News, The Legal System at 10:26 am by admin
In responding to the recommendations of Moynihan Report a bill was submitted to Queensland’s parliament on 24th November with the expressed aim of modernising Queensland’s civil and criminal justice system. The existing law is set out in Legal Studies for Queensland Chapter 9 – Going to Trial – pp180 216. However, if this bill becomes law, there will be some changes as part of the modernisation process.
Proposed changes include:
§ extending the general criminal jurisdiction of the District Court for indictable offences from a maximum penalty of 14 years’ imprisonment or less, to those with a maximum of 20 years or less
§ abolishing committal hearings,
§ abolishing defendant’s elections for summary trial,
§ requiring a range of indictable offences to be tried summarily, including, stealing, receiving stolen property, fraud, forgery, wilful damage, certain burglaries, dangerous driving and escaping from lawful custody.
§ changes to bail
§ extending the time limits for prosecution of a simple offence.
For more information see:
Media Release by the Attorney-General, Mr Cameron Dick.
http://statements.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=67572
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2009
http://www.parliament.qld.gov.au/view/legislativeAssembly/tableOffice/documents/TabledPapers/2009/5309T1476.pdf
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12.02.09
Posted in News, The Legal System at 7:33 pm by admin
Today, the 2nd of December, 2009, the Senate did not pass the government’s ETS (Emissions Trading Scheme) bill. The Liberal Party, the Greens and the two independents in the Senate, Steven Fielding and Nick Xenaphon, rejected the bill. This was the second rejection of the ETS legislation. It gives the government the option, or the trigger, for a double dissolution of Parliament, if they so wish.
What this means is that in a bicameral system of Parliament (two Houses) it does happen on occasions that a deadlock arises in which the Senate rejects legislation successfully passed in the House of Representatives. Our founding fathers recognised this may occur from time to time and provided a mechanism for resolving such deadlocks, if and when, they arise. The mechanism is laid down in s57 of the Constitution.
S57 is a complex section and requires the following
· House of Representatives has passed bill
· The Senate votes to reject the bill
· An interval of three months must elapse
· After this time the House of Representatives passes bill again
· The Senate again rejects the bill.
· Prime Minister may advise Governor-General to dissolve both houses
· A general election for the Senate and the House of Representatives is held.
· If the House of Representatives again passes bill for the third time and the Senate rejects the bill for the third time
· Then a Joint Sitting of both houses occurs to resolve the disagreement. An absolute majority of the total numbers of members of Parliament either passed or rejects the bill.
· If passed by the majority of both houses the bill becomes law with the assent of the Governor General. If it is rejected, then it does not become law.
There have been six double dissolutions in the history of the Australian Parliament: 1914, 1951, 1974, 1975, 1983, 1987 with mixed results. The government can and they have lost in double dissolution elections (three out of the six) so it is always a risky strategy. But from the perspective of Constitutional law and politics it is always interesting.
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Posted in Environent, International Law at 3:05 pm by admin
This week is the 50th anniversary of the Antarctic Treaty which originally had 12 countries agree that Antarctica (land and sea) should only be used for peaceful purposes and science. Since 1959 a further 35 countries have signed the treaty. It is seen as a success for International law showing that international co-operation is always possible when the cause is important. However, not all countries of the world are signatories.
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Posted in Crime and Society, Technology, Torts at 2:31 pm by admin
In Legal Studies for Queensland Vol Two Chapter 33: Law of Cyberspace, the issues pertaining to the use of social networking sites were canvassed. In Chapter 32 Cybercrime there was also an overview of criminal offences that occur on the internet. There is a new one to add to the list – criminal defamation via Facebook. This is something all 6 million + Australian Facebook users need to keep in mind. The Adelaide man who was convicted of criminal defamation had put photos of the police-officer on the Facebook site along with offensive, incorrect and clearly defamatory comments.
The following is a blog post from IP Whiteboard – the blog of Mallesons Stephens Jaques submitted by Julia Atcherley on 30 November 2009 .
“Be careful what you write on Facebook! Adelaide teenager Christopher Cross has recently been convicted for criminal defamation after posting material about a local policeman on a Facebook site. Cross said that he “didn’t realise you could get in trouble for things on the internet ”. Pleading guilty in the Kadina Magistrates Court to criminal defamation, Cross became only the second person in South Australia ever convicted of the rarely used charge. He now has a criminal record and was sentenced to a 2 year good behaviour bond.
The message for Cross and any other users of social media is that although anyone can publish material on social media, the laws that apply to traditional media will still apply. Social media is published in real time and the posts are often permanent.“
For information on what amounts to defamation see Legal Studies for Queensland Vol One, Chapter 18.
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12.01.09
Posted in Crime and Society, International Law, Uncategorized at 8:03 pm by admin
White Ribbon Day this year was on November 25th. It is the day which the United Nations has set aside to condemn violence against women. Homicide – the most heinous of offences – all too frequently occurs in family settings. This includes homicides that involve partners, former partners and family members, including women and children.
In Australia, the Australian Institute of Criminology released research undertaken of domestic related and other homicides to correspond with this date. It is sobering reading.
http://www.aic.gov.au/publications/current%20series/rpp/100-120/rpp104.aspx
For information on White Ribbon day see; http://www.whiteribbonday.org.au/
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