CrimNet

02 September 2023

Criminalising Children: Should we raise the age of criminal responsibility?

19 September 2023, 06:00 PM - 08:00 PM AEST

Venue:  Law Foyer, Level 2, New Law Building (F10)

Recently, the Northern Territory became the first Australian jurisdiction to raise the minimum age of criminal responsibility from 10 to 12 years. In New South Wales, and other Australian jurisdictions, the minimum age remains 10, which is one of the lowest minimum ages of criminal responsibility in the world. That is, while a child under the age of 10 cannot be convicted of a criminal offence, and while a child aged between 10 and 14 is likewise presumed to be doli incapax, this presumption can be rebutted by the prosecution on the evidence.

But is the age of 10 too young to criminalise any child? What harms accrue to incarcerated children?

Given the significant momentum for raising the age of criminal responsibility following the Northern Territory’s decision, this panel will examine whether other Australian jurisdictions should do the same ­– or raise the age even higher. 

Meet the author | Reimagining Desistance from Male-Perpetrated Intimate Partner Violence: The role and experiences of female victims-survivors

Dr. Hayley Boxall presented her book at The University of Sydney Law School. Her book involves a study which included semi-structured interviews with 40 female victims-survivors of male-perpetrated IPV, 15 of whom had experienced the cessation or reduction of abuse perpetrated against them for a period of six months or longer. 

Dr. Hayley Boxall concluded the event by answering questions of the attendees. 

Walking Tour: Crime Scene Motel Project 

Institute Director, Dr. Carolyn McKay presented a walking tour of her Crime Scene Motel Project. 

The art installation, on display at the University’s Herbert Smith Freehills Law Library, builds on Dr McKay’s 2022 Crime Scene Motel Project that explores the unique, but often overlooked, characteristics of motels that invite and enable transgression. The Crime Scene Motel Project emerged from Dr McKay’s teaching of Criminal Law at the University of Sydney Law School. “I have attempted to theorise the motel room as a site chosen for criminal transgression, asking: What is it about these private-but-shared spaces that enables, perhaps beckons, criminal behavior? And what tangible and intangible traces remain?” explains Dr McKay.

Institute member, Associate Professor Sarah Wayland has collaborated with The Missed Foundation – who are a not for profit advocating for families of missing people – and developed a worldfirst masterclass targeted Police, coronial services and media about the experiences of loss to better inform service delivery. For more information, see here. 

Rethinking Community Sanctions: Social Justice and Penal Control

Institute member, Professor Julie Stubbs, has co-authored a book titled, 'Rethinking Community Sanctions: Social Justice and Penal Control'. 

Rethinking Community Sanctions: Social Justice and Penal Control redresses the invisibility of community sanctions in a popular imaginary dominated by the prison, resulting in their being seen as ‘not prison’, ‘not punishment’, a ‘let off’, or expression of mercy.

Based on insights from interviews with key participants in 3 Australian jurisdictions, case studies of selected programmes and policies, and the international literature, the authors focus on the effects of community sanctions among groups vulnerable to penal control. Read here. 

How will brain-monitoring technology influence the practice of law?

Institute Deputy Director, Dr. Allan McCay, published a report discussing the issues of data and mental privacy. The report is published by The Law Society of England Wales. Read here. 

2023 Gala Dinner & Civil Liberties Journalism Awards; NSW Council for Civil Liberties 

20 September 2023; 6:00 PM Onwards

The NSW Council for Civil Liberties has organised a dinner to celebrate their 60th anniversary and to honour the extraordinary activists who founded the Council. Institute member, Mr Josh Pallas is the President of NSWCCL. Institute member, Adjunct Professor Nicholas Cowdery AO KC is also on the committee. For more information, see here. 

Professor Arlie Loughnan is a Professor of Criminal Law and Criminal Law Theory at the University of Sydney Law School. She is a member of Sydney Institute of Criminology. 

Her research concerns criminal law and the criminal justice system. Her particular interests are constructions of criminal responsibility and non-responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law. 

Professor Loughnan has authored and co-authored several criminal law books which are widely used in educational institutions.

In recent decades, in Australia, a number of laws have been named after victims of crime. Professor Arlie Loughnan presented at The Peter Brett Memorial Lecture 2023 at The University of Melbourne Law School. The theme was, 'Living on in the Law: Naming Laws after Homicide Victims.' 

The 2023/24 Criminal Law CPD Series, presented by the Sydney Institute of Criminology, is an innovative educational program made up of 8 recorded webinars.

Our series covers a wide range of criminal law topics, including criminal procedure, evidence law, and criminal advocacy. Led by experienced legal professionals, our webinars are designed to help you stay up to date with the latest developments in criminal law and earn your mandatory CPD points.

A new webinar will be released each month from April to November and will include a quiz to test your comprehension of the material being discussed.  

Register now for the full series or individual webinars and enjoy the flexibility of watching at your own pace from any location at any time.  

Information for lawyers and barristers
If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per seminar attended.

Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.

Cost: Full series (8 x webinars) = $300 
Individual webinar(s) = $50

Non-consensual sexual offence law reform in Western Australia

Substantive Law 

Dr Andrew Dyer -  Available now

The Attorney-General of Western Australia has asked that State’s Law Reform Commission to review Western Australia’s sexual offence laws. In December 2022, the Commission published a Discussion Paper that deals with the law relating to sexual consent and the operation of honest and reasonable mistake of fact in non-consensual sexual offence proceedings. This seminar will consider the various reform options. 

Vulnerable witness advocacy

Practice Management and Business Skills, Ethics and professional responsibility

Philip Hogan -  Available now

This seminar will discuss the definition of a vulnerable witness in the Criminal Procedure Act 1986 (NSW) and the provisions in the Act that allow for the use of pre-recorded evidence and provide for other alternative means of giving evidence. The seminar will particularly consider the way a complainant’s evidence is adduced in the Child Sexual Assault Program operating in some NSW courts. There will also be some discussion of Evidence Act 1995 (NSW) provisions that may be relevant to the evidence of a vulnerable witness. Finally, the seminar will cover relevant provisions of the Equality before the Law Bench Book and some findings of the Royal Commission into Institutional Responses to Child Sexual Abuse. 

Digital vulnerability: Vulnerable individuals and remote access technologies in justice

Ethics and professional responsibility. Professional skills. Practice Management. 

Dr Carolyn McKay - Available now

This seminar will focus on the use of remote access technologies, such as audiovisual links, when working with vulnerable individuals in the justice system, and the developing concept of ‘digital vulnerability’. The seminar will draw on Dr McKay’s current Australian Research Council (‘ARC’) funded research and examine the multiple layers of vulnerability that individuals may experience while involved in legal matters. It will present preliminary findings from initial fieldwork interviews with lawyers and judicial officers that reveal critical perspectives on the impacts of digitalisation on vulnerable people in the justice system. While the research project and findings centre on the criminal justice system, many of the issues are equally relevant to legal practitioners working with vulnerable people in civil matters. 

Assessing witness credibility: Is it possible to tell whether someone is lying or telling the truth?

Substantive law. Professional skills.

Associate Professor Helen Paterson - Available now

Witness testimony can be extremely influential in legal investigations and trials; however, sometimes witnesses lie. Such deception can be detrimental to due process, and can result in miscarriages of justice. Thus, it is important for legal personnel and factfinders to be able to determine whether someone is lying or telling the truth. This interactive seminar will discuss research investigating behavioural and content indicators of deception. It will help legal practitioners understand the difficulties in discriminating liars from truth-tellers as well as the evidence base for various lie detection techniques. 

Advocacy in the Children's Court: Considerations for criminal matters involving children and young persons

Ethics and professional responsibility. Professional skills.

Judge Ellen Skinner, Shannon Richards and James Clifford - Available 28 September 2023 

The Children’s Court deals with a wide range of cases across New South Wales involving children and young people. In its criminal jurisdiction, matters involve defendants under the age of 18. There are complexities in the legislation as to how certain charges involving children and young persons proceed, including considerations of doli incapax and whether the charges can remain at the summary level or should be dealt with ‘at law’ in a higher court. This presentation will discuss issues around the age of criminal responsibility and the committal process in the Children’s Court. It will help lawyers practising criminal law who appear in the Children’s Court, and provide perspectives from the Bench, prosecution and defence. 

Should Deceptive Sex Always Be Rape? Dr Andrew Dyer - Substantive Law

The Role of the Crown Prosecutor in NSW Mr Brett Hatfield Practice - Management and Business Skills, Ethics and professional responsibility

The Reliability and Credibility of Eyewitnesses Associate Professor Helen Paterson - Substantive Law

Ethical Practice for Junior Criminal Law Barristers Ms Talitha Hennessy - Ethics and professional responsibility

Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions Professor David Hamer - Substantive Law

Advocacy in the NSW Court of Criminal Appeal Mr John Stratton SC - Professional Skills

The Work of the Mental Health Review Tribunal Judge Paul Lakatos SC - Professional Skills

Current Issues in Criminal Justice (CICJ) provides detailed analysis of national and international issues by a range of outstanding contributors. It includes contemporary comments, with discussion at the cutting edge of the crime and justice debate, as well as reviews of recently released books.

CICJ accepts submissions on a rolling basis.

Editor: Dr Justin Ellis, member of the Sydney Institute of Criminology

You can access current and previous issues of Current Issues in Criminal Justice here.

If you have a book suitable for review by CICJ, please email the books editor, Celine Van Golde at celine.vangolde@sydney.edu.au

Women's eSafety by Design

05 September 2023; 5:30 PM - 8:30 PM

Women and girls face abuse, exploitation and threats of violence in a wide range of online spaces. Safety by Design puts women’s safety at the heart of digital technologies, preventing harm before it occurs and holding perpetrators to account.

Join in a conversation envisioning a world of online safety and network with the eSafety Commissioner, Julie Inman-Grant, Swinburne researchers and Swinburne partner organisations working to end all forms of violence against women and children. Register here. 

Reframing restorative justice – a workshop for advocates and educators

29 September 2023 - 30 September 2023 

According to Reframing crime and justice: a guide to improving communications (Transform Justice, 2020: 1), framing is about ‘the choices we make when we communicate’. The purpose of this workshop is to learn about cutting-edge research on framing criminal justice and restorative justice, and consider the implications for how we speak about restorative justice and justice reform with different publics.

Register here. 

Legal Education Research Conference 2023; UNSW Law & Justice 

Mon, 20 Nov 2023 9:30 AM - Tue, 21 Nov 2023 5:00 PM

The field of legal education is evolving, and a significant shift has taken place towards more experiential and practical learning approaches. The theme for this year is 'Situated Learning: Climate Change, First Nations Recognition, Generative AI'. Register here. 

CPD Event: Recognising and Presenting Evidence of Strengths in Legal Proceedings; NSW Bar Association and The Bugmy Bar Book 

13 September 2023; 5:00 PM 

The NSW Bar Association First Nations Committee has partnered with the Bugmy Bar Book to host a panel discussion on the topic of ‘Recognising and Presenting Evidence of Strengths in Legal Proceedings’.

Andrew Smith will open the event and Rebecca McMahon will facilitate a discussion with the following esteemed panelists:

~ Justice Dina Yehia, NSW Supreme Court

~ Vanessa Edwige, Psychologist, Chair of the Australian Indigenous Psychologists Association

~ Dr Paul Gray, Psychologist, Co-chair of the Family Matters National Leadership Group, Associate Professor at Jumbunna Institute for Indigenous Education and Research, UTS

~ Phillip Boulton SC, Forbes Chambers

The discussion will centre on the report co-authored by Vanessa Edwige and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation, and address the importance of presenting a 'strengths'-based case for clients, reflecting on insights from practice and the Bench, including the NSW Supreme Court, NSW District Court Walama List and NT Supreme Court. Register here. 

Australian Institute of Criminology Conference 2023

16 October 2023

The Australian Institute of Criminology (AIC) is hosting the AIC 2023 conference on Monday 16 October 2023, commemorating 50 years since the establishment of the AIC.

A limited number of conference tickets are available to purchase from Eventbrite.

For more information, see here. 

Conference: Improving Outcomes for Children Experiencing Vulnerability & Risk; The Hatchery 

26 September 2023 - 27 September 2023 

In Australia, there is a national drive to improve outcomes for vulnerable children through targeted interventions, but more needs to be done to improve service and system level responses, lift workforce capability and effectively support children experiencing risk, harm or vulnerability, particularly in complex cases.

The conference will showcase how all Australians can work together to achieve the best outcomes for vulnerable children and those experiencing disadvantage. Register here. 

Conference: Child Representation; Legal Aid NSW

16 September 2023; 9:00 AM - 4.30 PM 

The conference will include a session with Judge Kylie Beckhouse (FCFCOA), Magistrate Nicole Ford and Kerri Phillips, Legal Aid NSW, who will address The Evolving Role of the Child Representative. For more details, see here. 

PhD Candidate; Young people who sexually offend: An evaluation of the Tasmanian Youth Justice System; University of Tasmania 

Applications close: 25 September 2023

The Tasmania Law Reform Institute (TLRI) is seeking applications for a PhD from motivated graduates with first class honours (or equivalent) in law, criminology or criminal justice. The topic of the PhD is “Young people who sexually offend: an evaluation of the Tasmanian Youth Justice System.”

The successful applicant will receive a TLRI-funded $5,000 top-up scholarship (Years 1-3) in addition to a living allowance ($31,500) and a relocation allowance ($2,000).

The PhD candidate’s research will dovetail with a large TLRI project (2023-25) funded by the Tasmanian Government.

For more information, see here.

Lecturer in Criminology (Multiple positions); Griffith University 

Applications close: 17 September 2023 

The School of Criminology & Criminal Justice at Griffith University fosters interdisciplinary collaborations with the Schools of Applied Psychology, Health Science and Social Work, Information and Computer Technology, and Griffith Business School.

The School of Criminology & Criminal Justice at Griffith University are seeking to appoint lecturers in Criminology. For more information, see here. 

Junior Criminal Lawyer - Nyman Gibson Miralis Defence Lawyers

Nyman Gibson Miralis (NGM) is a leading and expanding Australian law firm based in Sydney that specialises in international and domestic criminal law including cross-border investigations and white-collar crime.

They are seeking two newly admitted lawyers to join their team and assist with complex tax and corporate crime regulatory investigations including international criminal law matters as well as white- collar crime, anti-bribery and corruption, anti-money laundering and cyber-crime. Apply here. 

Call for preliminary submissions: Anti-Discrimination Act; NSW Law Reform Commission 

Deadline for Submission: 29 September 2023 

The Attorney General has asked the Law Reform Commission to review the Anti-Discrimination Act 1977 (NSW). The terms of reference set out the scope of the review.

NSW Law Reform Commission is calling for preliminary submissions on issues relevant to the terms of reference. A guide to making a submission has been released. 

Please email your preliminary submission to nsw-lrc@justice.nsw.gov.au by 29 September 2023. For more information, see here.

Call for projects: European Crime Prevention Award and Best Practice Conference 2023 

Deadline for Submissions: 29 September 2023 

The European Crime Prevention Award (ECPA) and Best Practice Conference (BPC) will take place on 13 and 14 December 2023 in Valencia, Spain. The theme is preventing the trafficking in human beings for the purpose of labour exploitation and other kinds of exploitation. For more information, see here. 

Call for Submissions: UNSW Law Journal 

Deadline for Submissions: 17 November 2023 

The UNSW Law Journal is currently welcoming submissions for the thematic component of Issue 47(2). The topic for this thematic is ‘Developments in Rights, Freedoms and Accountability’. For more information, see here. 

Fellowship: Information Society Law Center, University of Milan

Applications close: 04 September 2023

The Information Society Law Center (ISLC) at the University of Milan is inviting high-profile candidates to apply for Online Fellowship positions for the period between 1 October 2023 and 31 May 2025. The ISLC is a multidisciplinary research center that studies the legal, technological, political, philosophical, and social aspects of the information society, with particular attention to the “Digital Transformation Law”.

The Center brings together scholars from various disciplines, including legal informatics, philosophy of law, sociology of law, ecclesiastical law, criminal law, criminal procedure, philosophy of politics, general theory of law, bioethics, data science, cybersecurity, artificial intelligence, and smart contracts.

To be considered, applicants must complete the application format no later than 11:59 p.m. GMT on 4 September 2023.

Selected candidates will be announced by 25 September 2023, and the Fellowship positions will begin on 1 October 2023 and end on 31 May 2025.

Please visit https://islc.unimi.it for further information.

Survey; Eiris

In Australia, more than half the population have experienced at least one form of online abuse and harassment in their lifetime. And unfortunately, those who experience this abuse are often unaware of the support services available to them. This is where eiris can help. eiris aims to empower victim survivors of online abuse and harassment, so that they can renew their digital citizenship. We want to hear from you about your online experiences. If you have 10 minutes, please consider filling out this survey.

Eiris, founded by Nakshathra Suresh & Hannah Klose, is a women-led tech startup that aims to empower victim survivors of online abuse and harassment to renew their digital citizenship. 

Hannah Klose and Nakshathra Suresh are both criminologists and postgraduate researchers who have conducted research on girls' and young women's experiences of online gender-based violence, and cyberstalking respectively. They found through their individual research that there was a gap in support mechanisms being provided to victims of online harassment and abuse and decided to found their own startup. 

They have just finalised their problem validation survey and are looking to collect as much feedback as possible. 

Australian Institute of Criminology 

The AIC has released a new report that explores the ways in which corrections agencies used digital platforms during the COVID-19 pandemic.

The study, by researchers from University of Melbourne, Deakin University and Victoria University, draws on the results of a scoping review of digital developments in corrections.

It examines the impact of the shift to digital platforms on the way that activities and services were delivered and on the way that these digital solutions were shaped by a range of technology and resourcing factors.

The study also explores the impact of the shift to virtual modes of communication and service delivery on service providers and service users.

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