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Category: Legal News

In the news: the High Court on social disadvantage and sentencing

A defendant's history of social disadvantage should be taken into account in sentencing, the high court found on Wednesday, as it allowed an Indigenous man to appeal against his extended sentencing for an assault conviction

See High court ruling: social disadvantage should be considered in sentencing, The Guardian, 2 October 2013).

For further information, read the Judgement Summary and the full decision Bugmy v The Queen HCA 37 (2 October 2013)

When people text drivers

The week on the Law Report, Damien Carrick interviews University Queensland lecturer Alan Davidson about a recent US court decision that assigned civil liability to a person who knowingly texted a driver who subsequently crashed his car.

The exciting part about it is it does establish a new legal principle. Beforehand no one would have thought or would have even guessed that this would have been the case. It reminds me of Donoghue and Stevenson, the case with the snail and the ginger beer bottle that most lawyers and members of the public know about.

See US courts focus on people who text drivers (10 September 2013).

Fears G20 police powers are draconian

The Queensland Law Society has criticised the G20 (Safety and Security) Bill 2013 for breaching basic rights.

New measures to maintain law and order during the G20 summit in Queensland next year have lawyers concerned people will be locked away in prison without bail.

The Bill has been referred to the Legal Affairs and Community Safety Committee for consideration. The Committee is seeking submissions from all Queenslanders by Friday, 13 September 2013.

See Lawyers fear new police powers for Queensland G20 events are 'draconian' breach of rights (ABC, 11 September 2013).

New Chief Magistrate for Queensland

Once the state's top crime fighter, Tim Carmody QC has been appointed Queensland's new Chief Magistrate.

See Carmody new Chief Magistrate (The Australian, 6 September 2013).

When law students cheat

This week, the Law Report takes a look at what happens when law students cheat.

With ethics and integrity considered of paramount importance for the profession, we take a look at the punishments that authorities dish out to those found guilty of cheating. And for those at the centre of any scandal, it turns out that owning up to past mistakes is the wisest path of action.

See Tasmanian law school cheating scandal (The Law Report, 3 September 2013).

In the news: Court of Appeal dismisses right-to-die appeal

The Court of Appeal has issued a unanimous decision rejecting the appeals of two parties against the legal ban on assisted suicide.

See Nicklinson and Lamb right-to-die appeals dismissed (Law Society Gazette, 31 July 2013).

In the news: Attorney-General raises questions about parole and suspended sentences

Attorney-General Jarrod Bleijie, citing concerns about recidivist offenders, has questioned whether court-ordered parole and suspended sentencing should be part of Queensland's criminal justice system.

See the full report Court-ordered parole, suspended sentences may be dumped as state gets tough on criminals (Courier Mail, 31 July 2013)

In the news: Supreme Court rules on gene-patenting case

The United States Supreme Court has issued a unanimous 9-0 decision, ruling that naturally occurring DNA is not eligible to be patented.

See Myriad Genetics (SCOTUSblog, 13 June 2013)

In the news: Queensland Courts more efficient

Queensland's courts are now processing cases faster, with some courts exceeding their targets, according to Attorney-General Jarrod Bleijie.

See Queensland courts finalising cases faster (BrisbaneTimes.com.au, 31 May 2013)

In the news: Police shooting referred to UN

The Age has reported that Shani Cassidy, whose son, Tyler Cassidy, was shot during a confrontation with police in 2008, has made a complaint to the United Nations Human Rights Commission. Shani Cassidy is claiming that Tyler's death was not investigated in an impartial manner.

See They didn't even ask his name: UN asked to probe police shooting (The Age, 30 May 2012).

Parliament House turns 25!

Today marks the 25th anniversary of Parliament House.

Did you know?

  • Construction of the building begun in 1981 and took 7 years to complete
  • It cost AUD$1.1 billion to construct
  • The first sitting of Parliament in the new Parliament House building was on 22 August 1988
  • When Parliament sits over 5000 people work in the buiding
  • The building is designed to last 200 years1

View the 25th anniversary video, and the online ebook entitled Australia's Parliament House - more than 25 years in the making.

1Joy McCann and Dianne Heriot Australia's Parliament House - More than 25 years in the Making (9 May 2012) Parliament of Australia <http://www.aph.gov.au/25th_Anniversary_Chronology/>

Restorative Justice and the Sycamore Tree Project

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Reporter Terri Begley talks with survivors and offenders of violent crime and their experiences with the Sycamore Tree Project - a form of therapy being trialled in Queensland prisons which focuses on restorative justice.

Offenders are invited to explore ways of making restitution for the harm caused by their criminal behaviour and victims are given the opportunity to consider ways in which they can take control of their lives and begin their journey toward healing and restoration.

Podcasts and stories are available on the special feature website created by 612 ABC Brisbane.

To learn more about the Sycamore Tree Project, see the Prison Fellowship Queensland website.

In the News: Behind the scenes look at QCAT

The Courier-Mail has published an interesting feature article on the workings of the Queensland Civil and Administrative Tribunal (QCAT). QCAT hears almost 30,000 cases each year.

Read the full article: Justice delivered by our 'super tribunal' (20 April 2013).

Juries and Social Media

The Standing Committee on Law and Justice is investigating the impact of social media on the right to a fair trial and has recently engaged the Centre for Law, Governance and Public Policy to review existing research and policies.

The full report is available here.

It has been covered in today's Sydney Morning Herald and on the Conversation.

In the news: Gummow and Spigelman join Hong Kong Court of Final Appeal

The South China Morning Post has reported that the Honourable William Gummow, former Justice of the High Court of Australia, and the Honourable James Spigelman, former Chief Justice of the Supreme Court of New South Wales, have been appointed to the Court of Final Appeal (Hong Kong).

See Top court gets new permanent judge (9 April 2013).