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Retrials of Persons Acquitted of Indictable Offences in England and Australia: Exceptions to the Rule Against Double Jeopardy
In: (2014) 38 Criminal Law Journal 159-184
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Homicide, Self-Defence and the (Inchoate) Criminology of Battered Women
In: (2013) 37 Criminal Law Journal 79-98.
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Is Imminence Still Necessary? Current Approaches to Imminence in the Laws Governing Self-Defence in Australia
In: (2011) 13 Flinders Law Journal 79-124.
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Will the Law Come Running? The Potential Role of 'Brain Fingerprinting' in Crime Investigation and Adjudication in Australia
In: (2005) 13 Journal of Law and Medicine 204-222.
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Criminalising Coercive Control: Family Violence and the Criminal Law
In: Springer eBook Collection
Part 1: The Harms And Wrongs Of Non-Physical Abuse -- Chapter 1. Criminalising Coercive Control: An Introduction (Marilyn McMahon) -- Chapter 2. The 'Coercive Control Framework': Making Law Work for Women (Evan Stark) -- Chapter 3. Economic Abuse and Family Violence Across Cultures: Gendering Money and Assets Through Coercive Control (Supriya Singh) -- Chapter 4. Coercive Control and Intimate Partner Homicide (Danielle Tyson) -- Part 2: Fixing A 'Gap' In The Law? -- Chapter 5. An Alternative Means of Prosecuting Domestic Abuse: Are Stalking Laws a Neglected Resource? (Marilyn McMahon) -- Chapter 6. Evaluating Criminalisation as a Strategy in Relation to Non-Physical Family Violence (Julia Quilter) -- Part 3: New Initiatives -- Chapter 7. Ahead of Their Time? The Offences of Economic and Emotional Abuse in Tasmania, Australia (Kerryne Barwick) -- Chapter 8. From Social Construct to Legal Innovation: The Offence of Controlling or Coercive Behaviour in England and Wales (Cassandra Wiener) -- Chapter 9. The Making of the 'New Gold Standard': The Scottish Experience: The Domestic Abuse (Scotland) Act 2018 (Marsha Scott) -- Part 4: A Way Forward? -- Chapter 10. A Comparative Evaluation of Offences: Criminalising Abusive Behaviour in England, Wales, Scotland, Ireland and Tasmania (Vanessa Bettinson) -- Chapter 11. Coercive Control as the Context for Intimate Partner Violence: The Challenge for the Legal System (Jane Wangmann) -- Chapter 12. Alternative Constructions of a Family Violence Offence (Heather Douglas).
When Cute Becomes Criminal: Emoji, Threats, and Online Grooming
In: Minnesota Journal of Law, Science and Technology Fall 2019
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The Murky Ethics of Emoji: How Shall We Regulate a Web for Good?
In: Richmond Journal of Law and Technology, Band XXVI, Heft 1
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Criminalising Controlling and Coercive Behaviour: The Next Step in the Prosecution of Family Violence?
In: 41(2) Alternative Law Journal 98-101
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Mandatory Jury Directions in Sexual Assault Trials in Victoria: Less a Model than a Cautionary Tale?
In: (2014) 38 Criminal Law Journal 287-306
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Police Misconduct as a Breach of Public Trust: The Offence of Misconduct in Public Office
In: Deakin Law Review, Band 19, Heft 1, S. 89-121
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Digital coercive control: barriers to victim/survivors' help-seeking and risk management in Victoria
In: Journal of gender-based violence: JGBV, Band 7, Heft 3, S. 383-398
ISSN: 2398-6816
Digital technologies are increasingly being used within the context of domestic and family violence (DFV) to facilitate coercive and controlling behaviours – also known as digital coercive control (DCC). Drawing on the perspectives of a small sample of nine DFV practitioners and scholarly experts, this article examines the barriers victim/survivors of DCC encounter as they seek help in Victoria, Australia. We find that DCC has distinct impacts on victim/survivors who are socially and geographically isolated. DFV support services also experience a range of challenges in detecting and responding to DCC, including in risk assessment and management, highlighting a requirement for further training of frontline workers to better respond to DCC.
A human rights-based approach to compulsory treatment of young people experiencing mental disorder
In: Australian journal of human rights: AJHR, Band 24, Heft 1, S. 20-43
ISSN: 1323-238X
The Quest for Recompense: Claimants' Experience of Medical Negligence Compensation in Victoria, Australia*
In: Law & policy, Band 16, Heft 2, S. 209-234
ISSN: 1467-9930
This paper reports a study investigating the experiences of people who perceived that they had suffered a health or medical care injury in Victoria, Australia. A particular focus was their experience with the process of seeking compensation. The research strategy involved a preliminary questionnaire and in‐depth interviewing of the participants and, where possible, their families. We describe the type of injury reported by the participants, experiences with health care providers and lawyers and attitudes to the current system of compensation. The severity of injury sustained by these participants was often severe, involving permanent incapacity and psychological distress. We conclude that the quest for recompense is fraught with difficulties for claimants. The present system of compensation neither provides adequate financial compensation nor ‐ even where claimants are successful ‐ acknowledgement of the legitimacy of their claim.
The Quest for Recompense: Claimants' Experience of Medical Negligence Compensation in Victoria, Australia
In: Law & policy, Band 16, Heft 2, S. 209
ISSN: 0265-8240