The prominence of fraud in New South Wales metropolitan media reporting

This study analyses the coverage of six major crime types in two of Australia’s largest newspapers. The study aims to test the prevailing viewpoint that fraud and financial crimes are proportionally underreported in the media. The study considers the cost of fraud and financial crime to society, the choices the media makes when reporting on fraud and financial crime, and the impact of media reporting on public policy and law enforcement. The study challenges prevailing views on the extent of media coverage of fraud, finding that there is significant coverage of fraud in the sampled Australian newspapers.     

Crime Risk Assessments in New South Wales

Crime prevention through environmental design (CPTED) guidelines have been adopted in numerous jurisdictions around the world. In 2001, guidelines were introduced in New South Wales (Australia) to ensure that proposed developments/redevelopments of the built environment reflected key CPTED principles. The guidelines state that in certain circumstances a crime risk assessment is required for the proposed development and the resulting report forms part of the development application, which is reviewed by the relevant consent authority (a council or state government department depending upon the size of the development). To date, these guidelines have not been evaluated, making it impossible to assess their impact and the utility of the associated crime risk assessment reports. Moreover, much of the academic literature on CPTED has historically tended to focus on the implementation of CPTED strategies and not on the processes adopted pre-development. To partially fill this gap in knowledge, a small number (4) of publicly available crime risk assessment reports have been reviewed here and key issues highlighted. In particular, the relevance of some aspects of these reports is questioned, as is the impact of the relationship between the client (i.e. developer) commissioning the report and the findings of the ‘independent’ consultant. The small sample of risk assessment reports randomly selected for review cannot be considered representative of the larger body of such reports. Nonetheless, the insights generated from this exercise should be of interest to policy makers and practitioners engaged in this work.     

Damages in medical litigation in New South Wales

In the period 2001 to 2003, the New South Wales legislature enacted four Acts that impinge on the assessment of damages in litigation against health professionals. They are the Health Care Liability Act 2001 (NSW), the Civil Liability Act 2002 (NSW) (as originally enacted), the Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) and the Civil Liability Amendment Act 2003 (NSW). This article considers the principles on which damages are assessed in medical litigation and how those principles have been affected by these four enactments. It points out that each piece of legislation was retrospective in applying to events that occurred both before and after its commencement. However, proceedings already issued before a particular date were excluded in each case from the retrospective operation of the legislation. The article provides details of the relevant dates of operation of each of the statutes.     

Motor accidents and blood samples in New South Wales

In the 12 months to June 2007, more than 26,000 people were injured in motor accidents on New South Wales roads. More than 400 people were killed. Alcohol was an important factor in a significant number of these accidents. The Road Transport (Safety and Traffic Management) Act 1999 (NSW) contains provisions for the mandatory taking of blood samples from drivers who have caused death while driving and who are suspected of having driven under the influence of drugs or alcohol. This article considers the law regarding the requirement of hospital staff to collect blood samples from drivers involved in motor vehicle accidents in New South Wales.     

Introducing a New Diminished Responsibility Defence for England and Wales

A divisive law from the outset, the diminished responsibility defence has continued to arouse criticism since its inception over fifity years ago under section 2 of the Homicide Act 1957. Increasing pressure from academics, practitioners, and mental health professionals, among others, to restructure the law has resulted in a reformulation of the wording of section 2 under the unassuming auspices of section 52 of the Coroners and Justice Act 2009. This paper examines the new definition of diminished responsibility on two levels: the broader context and structural significance of the Act and section 52's place within it; and, the technical detail of the section itself. In so doing, consideration is given as to whether the new law appeases the critics of the old, in addition to whether the Government has succeeded in bringing to bear its objectives of clarity, fairness and effectiveness.     

The New Zealand Model of Family Group Conferencing

The Family Group Conference (FGC) originated in New Zealand where it is the foundation stone of the Youth Justice system introduced in 1989. A significant feature of that system is the way in which it enables restorative justice principles to be implemented in an integrated manner in a statutory framework supervised by the courts and applicable to all young offenders throughout New Zealand. FGCs are used both as a diversionary technique (pre-adjudication) and at a (post-adjudication) pre-sentencing stage. In addition this type of model is now being applied in a voluntary way but on a small scale with adults. A significant feature of the FGC model is its greater use of community-based solutions with a consequent reduction in the number of young persons in state institutions.     

Work release and periodic detention in New South Wales: The custodial model and role experimentation

The custodial model is singled out from among the possible alternative models for work-release programs. Although custody-oriented staff typically are conservative and oppose change, work release programs press them into unfamiliar relationships with residents and with members of the free community. Without formal guidance, personnel engage in role experimentation that holds potential as a prelude to significant penal reform. Implications are suggested through analysis of periodic detention and work release as different schemes followed in New South Wales.     

The Impact of Field Court Attendance Notices on Property Crime in New South Wales,Australia

Objectives

This paper investigates the impact of Field Court Attendance Notices (FCANs) on rates of property crime in New South Wales (NSW), Australia. FCANs are used for relatively minor offenses, are issued ‘on the spot’, and provide an alternative to the time consuming process of arresting an alleged offender and taking them to the police station for processing. Despite their use in NSW for over 20 years, this study is the first to evaluate their impact on crime.

Methods

We use data provided by the NSW Bureau of Crime Statistics and Research, and the Australian Bureau of Statistics. We specify a general dynamic panel data model estimated via the Arellano and Bond (Rev Econ Stud 58:277–297, 1991) estimator, specifically the first-differenced twostep generalised method of moments (GMM) estimator.

Results

For property crime as a whole, in both the short- and long-run, we find no significant relationship between the use of FCANS and levels of offending. However, when offending rates are disaggregated into 11 sub-categories, we find that in the short-run an increase in the use of FCANs leads to statistically significant decreases in the rate of crime for five of the sub-categories offenses considered (break and enter dwelling; motor vehicle theft; steal from motor vehicle; steal from retail store and; steal from dwelling). The long-run results are largely consistent with the short-run results in terms of their signs and statistical significance, suggesting that the effects persist.

Conclusions

The empirical analysis presented in this paper suggests that the use of FCANs is an effective and potentially efficient policing strategy for a subset of property offenses, in that offenders can be processed at lower cost and long-run rates of certain crimes reduced.

     

Colonial origins of land acquisition law in New South Wales and Queensland

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Christopher St German on Chancery and Statute. J.A. Guy. London. 1985. Selden Society Supplementary series vol. 6. x &; 149 pp. (incl. index). £15.

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The Evolution of Law. Alan Watson. Oxford. 1985. Basil Blackwell. xi &; 156 pp. (incl. index). £17.50.

Unequal Access: Women Lawyers in a Changing America. Ronald Chester. Massachusetts. 1985. Bergin &; Garvey Publishers, Inc. viii &; 135 pp.(incl. index). £24.95.

Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686–1836. Morris S. Arnold. Fayetteville. 1985. University of Arkansas Press, xviii &; 234 pp.

Returns of Strangers in the Metropolis 1593, 1627, 1635, 1639: A Study of an Active Minority. Ed. Irene Scouloudi. London. 1985. The Huguenot Society.

’Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth Century England. H.W. Arthurs. Toronto. 1985. University of Toronto Press, xvi + 312 pp. (incl. index). £20.00.     

The decline in sexual assaults in men's prisons in New South Wales: a "systems" approach

Male prison rape and sexual assaults remains a serious and sensitive issue in many countries. Human rights groups claim that sexual assaults among male prisoners have reached pandemic proportions and need to be stopped. Researchers for many years have studied the causes of male sexual assault in prison and offered numerous recommendations on its prevention. Few, however, have presented evidence for a decline in male prisoner sexual assaults and investigated the reasons for the decline. This article provides evidence from population-based surveys of a steady decrease in male prisoner sexual assaults in New South Wales (NSW) between 1996 and 2009. The authors conducted in-depth interviews with former and current inmates, and using a "systems" approach they discuss the complexity of sexual assaults in prison, incorporating a multiplicity of perspectives. In particular, they bring together different sources of data and discuss this in relation to changes in power structures and control in a modern prison, the attitudes of older and younger prisoners, the concept of "duty of care," introduction of prison drug programs, and prisoner attitudes toward gender and sexuality. In anthropology, the term "system" is used widely for describing sociocultural phenomena of a given society in a holistic manner without reducing the complexity of a given community.     

新型网络案件预警处置模型初探

随着我国互联网技术的不断发展,互联网已经成为了人们生活中不可或缺的一个部分,互联网虚拟社会也成为现实社会的真实写照.但是,与此同时互联网上违法犯罪案件数量也随着互联网的发展不断增长.笔者通过对数据挖掘技术的理解,建立起一套通过数据挖掘技术对互联网交互信息分析的新型网络案件预警处置模型,彻底改变公安机关被动的侦查取证模式,最终达到将网络违法犯罪案件遏制在萌芽状态.     

Regulating for Fair Dealing in Work Contracts: A New South Wales Approach

From 1959 till 2006, all workers in New South Wales had recourseto review of contracts ‘and arrangements’ underwhich work is performed on the grounds of ‘unfairness’.This jurisdiction—initially instigated to capture schemesand subterfuges by which employers escaped industrial awardsby contracting out to dependent contractors—has been expandedover the years to allow review of all sorts of arrangementsunder which work is performed. This article will review thatjurisdiction to demonstrate the potential of statutory unfaircontracts review to meet some of the challenges that changesin labour market structures have presented for the protectiveagenda of labour law.