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Criminal Laws

Materials and Commentary on Criminal Law and Process of New South Wales
8th edition

Author

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ISBN

9781760025397

Publication Date

20/03/2025

Format

Paperback

Page extent

1408

AUD $185.00 gst included

Coming soon...
SKU: 9781760025397 Categories: , , Tag:

The 8th edition of Criminal Laws maintains the distinctive features which have established the book as a leading Australian work for 35 years. It has been extensively updated, including legislation, case law, and policy. It features the latest research on the operation and impact of criminal laws, from policing to punishment, along with up-to-date quantitative and qualitative data that illuminate the lived experience of crime victims, accused persons and offenders. The 8th edition features a large and strong author team with expertise across criminal law, criminalisation theory, policing, criminology and crime policy.

Criminal Laws remains, as one review put it, simultaneously a “textbook, casebook, handbook and reference work”. It is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is indispensable to practitioners for its detailed coverage of substantive law. Its coverage of research developments, extensive references and inter-disciplinary approach, make it a first point of call for researchers from all disciplines.

Highlights of the 8th edition include discussion and analysis of:

  • major changes to sexual assault law as a result of the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, including the adoption of ‘affirmative consent’ principles;
  • the new domestic violence offence that criminalises ‘coercive control’;
  • the codified defence of mental health impairment or cognitive impairment, and other changes introduced by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020;
  • developments in fraud offences, including the meaning of financial advantage, the relationship between deception and dishonesty in fraud, and the test for causation;
  • changes to the Bail Act 2013 that continue the trend of restricting access to bail;
  • the role of criminal law, policing and ‘on-the-spot’ fines during the COVID-19 pandemic;
  • recent coronial inquests that highlight the continued failure of governments to implement key recommendations of the Royal Commission into Aboriginal Deaths in Custody (1991);
  • the slow pace of change on raising the minimum age of criminal responsibility;
  • reports of the Law Enforcement Conduct Commission (LECC) on the operation of police powers, including strip searches, the Suspect Targeted Management Plan (STMP) and consorting;
  • developments in the criminalisation of hate speech, including the new offence of knowingly displaying a Nazi symbol;
  • the operation of the Early Drug Diversion Initiative;
  • expansion of the criminal law and police powers to control and punish protests, including the criminalisation of climate change activism;
  • the Walama List, Aboriginal Community Justice Reports and developments in Justice Reinvestment;
  • recent case law on the combination of complicity rules and constructive murder; and
  • important criminal law and sentencing decisions from all court levels, and the findings and recommendations of inquiries by law reform commissions, parliamentary committees and Royal Commissions.

Preface to the Eighth Edition
Acknowledgments
Table of Cases
Table of Statutes

Chapter 1: Some Themes (David Brown)

Chapter 2: Criminalisation and Penalty (David Brown)

Chapter 3: Components of Criminal Offences (Leah Williams)

Chapter 4: The Criminal Process (Helen Gibbon)

Chapter 5: Police and the Criminal Process (Vicki Sentas)

Chapter 6: Public Order (Elyse Methven – awaiting chapter)

Chapter 7: Assault (Melanie Schwartz)

Chapter 8: Sexual Assault (Julia Quilter)

Chapter 9: Homicide: Murder and Involuntary Manslaughter (Melanie Schwartz)

Chapter 10: Defences (Arlie Loughnan)

Chapter 11: Dishonest Acquisition (Alex Steel)

Chapter 12: Drug Offences (Helen Gibbon)

Chapter 13: Extending Criminal Liability: Complicity, Conspiracy and Consorting (Luke McNamara)

Chapter 14: Sentencing and Punishment (Thalia Anthony)

Index

Reviews of previous editions:

This is a robust, comprehensive and up to date book about the law of New South Wales. Despite its specific jurisdictional focus anyone with a practical or theoretical interest in how crime is defined, law enforced or trials conducted will find this book to be an invaluable resource. Intended as a law school text, its authors achieve a very rare double of serving well two readerships – academic and practitioner… Whilst constantly challenging a reader’s assumptions in such manner the text never slips into the impenetrable language of postmodern critical theory. It remains a book any practicing lawyer can read with enjoyment… I highly recommend it.

Tasmanian Law Society, Law Letter

A work that any practitioner in the criminal law field can gainfully read, and this is facilitated by the use of Commonwealth and other State legislation and case law. No doubt a number of the propositions can be challenged but overall it is an excellent reference written in a stimulating fashion.

Victorian Bar News

The authors must be congratulated … (they) have undertaken a task which is extraordinarily ambitious in order to provide a much broader insight into the workings and construction of criminal law in our society.

Australian Law Librarians’ Newsletter

This is a most excellent textbook to be recommended for all undergraduate law courses in New South Wales.

NSW Law Society Journal

The issues raised in this massive work are important and enlightening. [It makes a] valuable contribution to the study and practice of criminal law. Its critical (though somewhat unorthodox) style and thought-provoking comment are bound to make it popular.

Law Institute Journal Victoria

For the student of law, Criminal Laws is an exciting and challenging introduction to the subject of criminal law and should stimulate debate in the classroom. For the practitioner, it is an excellent reference book providing an accessible resource of materials often ignored through pressure of time and casework.

Legal Services Bulletin

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