Journal articles: 'Crime New South Wales'

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Mason, Gail. "A Picture of Bias Crime in New South Wales." Cosmopolitan Civil Societies: An Interdisciplinary Journal 11, no. 1 (March 27, 2019): 47–66. http://dx.doi.org/10.5130/ccs.v11.i1.6402.

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Bias Crime is crime where the victim is targeted because of an aspect of their identity, including race, ethnicity, religion or sexuality. It is an extreme manifestation of cultural tension and conflict. Bias crime remains under-researched in Australia. While there has been some investigation into different types of bias crime, such as racist and homophobic offences, there is little analysis of the nature and extent of bias crime across these categories. For the first time, this article presents the results of a study into official records of bias crime held by the New South Wales Police Force. The study shows that crimes motivated by bias based on the victim’s race/ethnicity and religion are by far the most common types of bias crime reported in NSW. People from Asian, Indian/Pakistani and Muslim backgrounds are the most likely victims to report bias crime. The study also shows that there is much work to be done to encourage bias crime reporting amongst marginalised communities and improve the capacity of police to identify and accurately record bias crime. We argue that civil society has an important role to play in building partnerships with police to achieve positive change in the policing of bias crime.

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Clancey, Garner, and Rohan Lulham. "The New South Wales Property Crime Decline." Current Issues in Criminal Justice 25, no. 3 (March 2014): 839–51. http://dx.doi.org/10.1080/10345329.2014.12036001.

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Clancey, Garner. "Crime Risk Assessments in New South Wales." European Journal on Criminal Policy and Research 17, no. 1 (December 14, 2010): 55–67. http://dx.doi.org/10.1007/s10610-010-9134-7.

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Mulrooney, Kyle, Alistair Harkness, and Huw Nolan. "Farm Crime and Farmer-Police Relationships in Rural Australia." International Journal of Rural Criminology 7, no. 1 (October 24, 2022): 24–45. http://dx.doi.org/10.18061/ijrc.v7i1.9106.

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This article presents select findings from ‘farm crime’ victimisation surveys undertaken in the two most populous Australian states of New South Wales and Victoria. We examine the findings in relation to farmer crime victimisation, their willingness to report crime, and their worry about crime, as well as farmer perspectives on policing generally and the policing of farm crime specifically. In both states, there are high levels of victimisation, high levels of worry, low- to mid-levels of confidence in the police, and there remains a gap between experiences of farm crime and reporting. Both states have police tasked specifically with addressing farm crime. The Victoria Police have Farm Crime Liaison Officers that specialise in assisting with farm related crimes, however this is a voluntary role which forms part of an officer’s larger workload. By contrast, the New South Wales Police Force Rural Crime Prevention Team is a dedicated team consisting of specialised rural crime investigators and intelligence practitioners focused on proactive and preventative interventions in farm crime. Farmers in both states were surveyed regarding their awareness and engagement with these rural policing teams, and we examined how this may shape victimisation, reporting, worry and the relationships between police and farmers. In New South Wales, awareness and direct contact with rural crime police led to both increased satisfaction with police and crime reporting. Respondents with awareness of this team also express significantly less worry of crime, whilst those with direct contact did not. We conclude the article by discussing and contextualising these findings within rural criminology and considering ways forward for the policing of farm crime.

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Mason, Gail, and Rachael Stanic. "Reporting and recording bias crime in New South Wales." Current Issues in Criminal Justice 31, no. 2 (April 3, 2019): 164–80. http://dx.doi.org/10.1080/10345329.2019.1594920.

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Clancey, Garner, and Daren Fisher. "Crime prevention through environmental design in New South Wales." Australian Planner 53, no. 2 (December 9, 2015): 73–82. http://dx.doi.org/10.1080/07293682.2015.1118392.

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Chilvers, Marilyn, and Don Weatherburn. "The New South Wales “Compstat” Process: Its Impact on Crime." Australian & New Zealand Journal of Criminology 37, no. 1 (April 2004): 22–48. http://dx.doi.org/10.1375/acri.37.1.22.

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BYRNES, JOSHUA M., CHRISTOPHER M. DORAN, and ANTHONY P. SHAKESHAFT. "Cost per incident of alcohol-related crime in New South Wales." Drug and Alcohol Review 31, no. 7 (May 10, 2012): 854–60. http://dx.doi.org/10.1111/j.1465-3362.2012.00467.x.

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Clancey, Garner. "Are we still ‘Flying Blind?’ Crime Data and Local Crime Prevention in New South Wales." Current Issues in Criminal Justice 22, no. 3 (March 2011): 491–500. http://dx.doi.org/10.1080/10345329.2011.12035901.

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Gliksman, Michael. "Gender-Based Differences in the Treatment of Young Offenders by the Police and the Children's Court in New South Wales, Australia." Medicine, Science and the Law 37, no. 2 (April 1997): 165–69. http://dx.doi.org/10.1177/002580249703700213.

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It has been consistently reported that young males commit crimes with an average frequency five times greater than their female peers. Most data supporting this view are derived from juvenile court and police statistics. Studies using data derived from self-reported behaviour suggest that the true relative frequency may be closer to 2:1. Police and juvenile justice data for the year 1994–5 in New South Wales, Australia, were analysed in an attempt to determine whether court and police statistics might reflect a form of selection bias, where the likelihood of arrest, trial and/or sentence is a function of gender, rather than frequency and nature of offence. The results suggest that the 5:1 gender ratio reflects a strong component of gender bias in the workings of the juvenile justice system in New South Wales. If suspected of a given crime, young males are more likely to be denied bail and (if found guilty) to be given a harsher sentence than young females suspected (or found guilty) of the same crime. Overall, if found guilty of an offence, boys were four times more likely than girls to receive a custodial sentence. Therefore, boys are selectively denied access to alternate rehabilitation resources which are made available to girls who are in trouble with the law. The juvenile justice system in New South Wales requires careful examination and reform if such apparently deeply entrenched biases are to be eliminated.

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Fisher, Daren G., Phillip Wadds, and Garner Clancey. "The patchwork of alcohol-free zones and alcohol-prohibited areas in New South Wales (Australia)." Safer Communities 17, no. 2 (April 9, 2018): 94–102. http://dx.doi.org/10.1108/sc-06-2017-0025.

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Purpose Developing policies to curb public alcohol consumption is a priority for governments. In the Australian state of New South Wales (NSW), local governments have introduced alcohol-free zones (AFZs) and alcohol-prohibited areas (APAs) to prohibit the public consumption of alcohol and reduce crime stemming from intoxication. Previous studies, however, argue that these policies are driven by stakeholder desire rather than alcohol-related crime and may result in increased criminal justice contact for vulnerable populations. The purpose of this paper is to estimate the number of AFZs and APAs in NSW and examine the extent to which these policies are connected to the frequency of alcohol-related crime. Design/methodology/approach Examining the 152 local government areas (LGAs) of NSW, the authors analysed whether the implementation of AFZs and APAs were linked to the frequency of liquor offences and assaults using group-based trajectory models. Findings The authors found that AFZs and APAs were often not advertised nor inconsistently implemented both across and within jurisdictions. Group-based trajectory models indicated that AFZs were more common in low liquor offence LGAs than high liquor offences LGAs, but were more frequently implemented in high assault LGAs compared to low assault LGAs. APAs were more common in the lowest crime LGAs compared to those LGAs that experienced higher levels of recorded crime. Originality/value These analyses demonstrate how widespread AFZs and APAs have become and provides evidence that the implementation of is only tenuously linked to the frequency of crime.

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Clancey, Garner. "A Partial History of Localised Crime Prevention in New South Wales, Australia." Current Issues in Criminal Justice 28, no. 2 (November 2016): 191–207. http://dx.doi.org/10.1080/10345329.2016.12036068.

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Dobinson, Ian, and Pat Ward. "Heroin and Property Crime: An Australian Perspective." Journal of Drug Issues 16, no. 2 (April 1986): 249–62. http://dx.doi.org/10.1177/002204268601600211.

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The study described in this article was based on the interviews of 225 prison property offenders in New South Wales gaols. It provides information on the relationship between the commission of crimes, such as armed robbery and burglary, and the regular use of heroin, as well as profiling the behaviour of one identifiable sample of users.

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Appleby, Gabrielle J., and John M. Williams. "A New Coat of Paint: Law and Order and the Refurbishment of Kable." Federal Law Review 40, no. 1 (March 2012): 1–30. http://dx.doi.org/10.22145/flr.40.1.1.

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The Kable doctrine is, and has always been, a difficult legal principle to define. For over a decade, and despite much academic attention, it had little consequence for state power. Until recently, the High Court deftly avoided its application by employing a number of techniques. As the politics of law and order in the states have increased, state Parliaments have felt emboldened by these cases to test the outer limits of their legislative power. In such an environment, federal anti-terrorism measures, introduced as extraordinary responses necessary for the exceptional nature of terrorism, have crept into general state policing and expanded. It is in this arena that the Kable doctrine has emerged once again. The principle is now vital to understanding the very real limits of state power, particularly in the law and order arena. This article traces the Court's approach to the principle in three recent cases involving the states' anti-organised crime measures (International Finance Trust Co v New South Wales Crime Commission, South Australia v Totani, and Wainohu v New South Wales) before offering some conclusions about where the current jurisprudence leaves the states and their perpetual campaign to achieve law and order.

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Pooley, Kamarah, and Claire E. Ferguson. "Using environmental criminology theories to compare ‘youth misuse of fire’ across age groups in New South Wales." Australian & New Zealand Journal of Criminology 50, no. 1 (July 27, 2016): 100–122. http://dx.doi.org/10.1177/0004865815596794.

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Youth misuse of fire is a substantive community concern. Despite evidence which indicates youths account for a significant proportion of all deliberately lit fires within Australia, an absence of up-to-date, contextually specific research means the exact scope and magnitude of youth misuse of fire within Australia remains unknown. Despite research suggesting commonalities exist between youth misuse of fire and juvenile offending more broadly, misuse of fire is rarely explained using criminological theory. In light of this gap, a descriptive analysis of youth misuse of fire within New South Wales was performed. Routine Activity Theory and Crime Pattern Theory were tested to explain differences in misuse of fire across age groups. Results suggest these environmental theories offer useful frameworks for explaining youth misuse of fire in New South Wales. It is argued that the Routine Activity Theory and Crime Pattern Theory can be employed to better inform youth misuse of fire policy and prevention efforts.

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Clancey, Garner, Murray Lee, and Daren Fisher. "Crime prevention through environmental design (CPTED) and the New South Wales crime risk assessment guidelines: A critical review." Crime Prevention and Community Safety 14, no. 1 (January 20, 2012): 1–15. http://dx.doi.org/10.1057/cpcs.2011.10.

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Hoggt, Russell, and Kerry Carrington. "Crime, Rurality and Community." Australian & New Zealand Journal of Criminology 31, no. 2 (August 1998): 160–81. http://dx.doi.org/10.1177/000486589803100204.

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Criminology has tended to treat crime as predominantly an urban phenomenon. A review of the available, albeit rather limited, empirical evidence regarding crime and law and order in rural New South Wales (NSW) raises some doubts about the urban-centric focus of criminology and opens up a range of other interesting questions concerning the differential social construction of crime problems in some rural localities, in particular the tendency to racialise questions of crime and law and order. Rather than simply developing an empirical and theoretical account of urban/rural differences, however, the paper suggests a conceptual framework for local and regional studies drawing on the work of Norbert Elias and Robert Putnam.

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Jackson, R. V. "Bentham's Penal Theory in Action: the Case Against New South Wales." Utilitas 1, no. 2 (October 1989): 226–41. http://dx.doi.org/10.1017/s0953820800000248.

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Bentham was an influential thinker with an ‘essentially practical mind’. His influence on British social and political reform, however, was indirect, coming largely after his death and largely through the work of his disciples. Bentham's own attempts to put his ideas directly into practice generally had little effect. He came closest to success in the area of penal policy, winning a contract from Pitt's government in the early 1790s to build and manage a penitentiary that was to be organized on the panopticon principle. Bentham saw the penitentiary as the spearhead of prison reform and as a means of effecting a change from transportation to imprisonment as a punishment for serious crime. While Bentham's use of the panopticon principle itself has attracted most attention in the literature, there was more to his scheme than this. The penitentiary proposals were worked out in great detail, they were a conscious application of his theory of punishment, and they were consistent with and an element of his all-embracing plan of social, political, and constitutional reform.

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Clancey, Garner. "Local Crime Prevention: ‘Breathing Life (Back) into Social Democratic and Penal Welfare Concerns’?" International Journal for Crime, Justice and Social Democracy 4, no. 4 (December 1, 2015): 40–57. http://dx.doi.org/10.5204/ijcjsd.v4i4.198.

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Fieldwork in the inner-Sydney postcode area of Glebe (New South Wales, Australia) sought to understand how local community workers conceptualise crime causation and the approaches adopted to prevent crime. Observation of more than 30 inter-agency meetings, 15 interviews and two focus groups with diverse local workers revealed that social-welfare or ‘root’ causes of crime were central to explanations of local crime. Numerous crime prevention measures in the area respond directly to these understandings of crime (a youth diversion program on Friday and Saturday evenings, an alternative education program, a police-youth exercise program, and so on). While other more surveillant forms of crime prevention were evident, the findings of this research suggest a significant social-welfare orientation to crime prevention. These findings echo Brown’s (2012) observations of the resilience of penal-welfarism in Australia.

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Jobes, Patrick C., Joseph F. Donnermeyer, and Elaine Barclay. "A Tale of Two Towns: Social Structure, Integration and Crime in Rural New South Wales." Sociologia Ruralis 45, no. 3 (July 2005): 224–44. http://dx.doi.org/10.1111/j.1467-9523.2005.00302.x.

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Riddell, Steven, Olav Nielssen, Tony Butler, Macdonald Christie, and Graham Starmer. "The Relationship Between Amphetamine Use, Crime and Psychiatric Disorder Among Prisoners in New South Wales." Psychiatry, Psychology and Law 13, no. 2 (November 2006): 160–65. http://dx.doi.org/10.1375/pplt.13.2.160.

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Clancey, Garner, Daren Fisher, Adam Lyons, and Murray Lee. "A review of the impact of crime risk assessment reports in New South Wales, Australia." Crime Prevention and Community Safety 18, no. 2 (April 15, 2016): 73–90. http://dx.doi.org/10.1057/cpcs.2016.1.

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Manning, Matthew, Christopher L. Ambrey, Christopher M. Fleming, and Shane D. Johnson. "The Impact of Field Court Attendance Notices on Property Crime in New South Wales, Australia." Journal of Quantitative Criminology 34, no. 4 (July 21, 2017): 971–98. http://dx.doi.org/10.1007/s10940-017-9362-9.

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Loveday, Barry. "Police and Crime Commissioners." International Journal of Police Science & Management 20, no. 1 (January 16, 2018): 28–37. http://dx.doi.org/10.1177/1461355717748974.

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This article considers the progress of the new system of police governance in England and Wales. It assesses the responsibilities and powers of Police and Crime Commissioners (PCCs) and examines local initiatives undertaken by some PCCs that have proved to have national ramifications. It evaluates the accountability of PCCs between elections and highlights the limited powers of Police and Crime Panels. It considers the convention of police operational independence in light of two controversial police investigations, and the potential need for PCC oversight of future publicly high-profile investigations. It provides an initial assessment of an important and recent High Court ruling (R v Police and Crime Commissioner for South Yorkshire, 2017) which, by making the PCC responsible for all police operational activity, questions the tradition of constabulary operational independence. It is argued that enabling the PCC to bring a chief officer to account for all police operations might mean that potentially challenging and fruitless investigations can be avoided in the future.

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Mason, Gail, and Leslie Moran. "Bias Crime Policing: 'The Graveyard Shift'." International Journal for Crime, Justice and Social Democracy 8, no. 1 (March 22, 2019): 1–16. http://dx.doi.org/10.5204/ijcjsd.v8i1.1137.

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Bias crime is crime that is motivated by prejudice or bias towards an attribute of the victim, such as race, religion or sexuality. Police have been criticised for failing to take bias crime seriously, and there is a pressing need to understand the reasons for this failure. This article aims to address this gap by presenting the results of the first empirical study of bias crime policing in the Australian state of New South Wales (NSW). Drawing on interviews with the NSW Police Force (NSWPF), the study found that sustainable reform in this domain has proven elusive. This can be attributed to a number of key challenges including reporting, recording, identification, framing, community engagement and leadership. The lessons that emerge from the findings have important ramifications for all police organisations.

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Mason, Gail, and Leslie Moran. "Bias Crime Policing: 'The Graveyard Shift'." International Journal for Crime, Justice and Social Democracy 8, no. 2 (March 22, 2019): 1–16. http://dx.doi.org/10.5204/ijcjsd.v8i2.1137.

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Bias crime is crime that is motivated by prejudice or bias towards an attribute of the victim, such as race, religion or sexuality. Police have been criticised for failing to take bias crime seriously, and there is a pressing need to understand the reasons for this failure. This article aims to address this gap by presenting the results of the first empirical study of bias crime policing in the Australian state of New South Wales (NSW). Drawing on interviews with the NSW Police Force (NSWPF), the study found that sustainable reform in this domain has proven elusive. This can be attributed to a number of key challenges including reporting, recording, identification, framing, community engagement and leadership. The lessons that emerge from the findings have important ramifications for all police organisations.

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Quilter, Julia. "One-punch Laws, Mandatory Minimums and ‘Alcohol-Fuelled’ as an Aggravating Factor: Implications for NSW Criminal Law." International Journal for Crime, Justice and Social Democracy 3, no. 1 (April 2, 2014): 81–106. http://dx.doi.org/10.5204/ijcjsd.v3i1.145.

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This article critically examines the New South Wales State Government’s latest policy response to the problem of alcohol-related violence and anxiety about ‘one punch’ killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and, in its operation, is unlikely to deliver on the promise of effective crime prevention in relation to alcohol-fuelled violence.

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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

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Fisher, Daren, Garner Clancey, and Amanda Rutherford. "Policing built environment crime risks: the role of police in CPTED in New South Wales, Australia*." Police Practice and Research 17, no. 5 (October 2, 2015): 477–88. http://dx.doi.org/10.1080/15614263.2015.1091737.

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Fitzpatrick, Matthew. "New South Wales in Africa? The Convict Colonialism Debate in Imperial Germany." Itinerario 37, no. 1 (April 2013): 59–72. http://dx.doi.org/10.1017/s0165115313000260.

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In 1852, the naturalist and writer Louisa Meredith observed in her book My Home in Tasmania: “I know of no place where greater order and decorum is observed by the motley crowds assembled on any public occasion than in this most shamefully slandered country: not even in an English country village can a lady walk alone with less fear of harm or insult than in this capital of Van Diemen's Land, commonly believed at home to be a pest-house, where every crime that can disgrace and degrade humanity stalks abroad with unblushing front.”Meredith's paean to life in the notorious Australian penal colony of Hobart was in stark contrast to her earlier, highly unfavourable account of colonial Sydney. It papered over the years of personal hardship she had endured in Australia, as well as avoiding mention of the racial warfare against Tasmania's Aborigines that had afforded her such a genteel European existence.Such intra-Australian complexities, however, were lost when Meredith's account was superimposed onto German debates about the desirability of penal colonies for Germany. Instead, Meredith's portrait of a cultivated city emerging from the most notorious penal colony in Australia was presented as proof that the deportation of criminals was an important dimension of the civilising mission of Europe in the extra-European world. It was also presented as a vindication of those in Germany who wished to rid Germany of its lumpen criminal class through deportation. The exact paragraph of Meredith's account cited above was quoted in German debates on deportation for almost half a century; first in 1859 by the jurist Franz von Holtzendorff, and thereafter by Friedrich Freund when advocating the establishment of a penal colony in the Preußische Jahrbücher in September 1895.

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Morton, Tom. "This wheel’s on fire: New models for investigative journalism." Pacific Journalism Review 18, no. 1 (May 31, 2012): 13. http://dx.doi.org/10.24135/pjr.v18i1.286.

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In the following pages of Pacific Journalism Review, the journal is publishing transcripts of Center for Investigative Journalism director Robert Rosenthal’s keynote address at the ‘Back to the Source’ investigative journalism conference in Sydney in September 2010; conference sessions in which Sue Spencer, Richard Baker and Nick McKenzie talk about their work on the Securency story; and Linton Besser and Dylan Welch of the Sydney Morning Herald describe their investigations of the New South Wales Crime Commission. Many other sessions featured at the conference; but these two transcripts give a strong sense of some of the new possibilities for investigative journalism, and of how investigative journalists practise their craft.

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Monchuk, Leanne, and Garner Clancey. "A Comparative Analysis of Crime Risk Assessments and their Application in Greater Manchester and New South Wales." Built Environment 39, no. 1 (March 1, 2013): 74–91. http://dx.doi.org/10.2148/benv.39.1.74.

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Crofts, Penny, and Jason Prior. "The Proposed Re-introduction of Policing and Crime into the Regulation of Brothels in New South Wales." Current Issues in Criminal Justice 28, no. 2 (November 2016): 209–26. http://dx.doi.org/10.1080/10345329.2016.12036069.

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Wang, Joanna JJ, and Don Weatherburn. "The effect of police searches and move-on directions on property and violent crime in New South Wales." Journal of Criminology 54, no. 3 (March 25, 2021): 383–401. http://dx.doi.org/10.1177/00048658211003637.

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The New South Wales (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 gave the NSW Police the power in certain circumstances the power to stop, search and detain a person without warrant. The same legislation gave the police the power to direct a person to move on from a place if they believe on reasonable grounds that the person in question is obstructing traffic or another person; engaging in behaviour that is considered harassment or intimidation to another person (or people); behaving in a way that is causing or likely to cause fear to a reasonable person or present in the place in order to unlawfully supply or cause another person to unlawfully supply drugs. The exercise of these powers has attracted considerable controversy, but little is known about their effectiveness in controlling crime. We investigate the relationship between police activity and crime using panel data of 17 Local Area Command for the period 2001 to 2013. We find a significant and strongly negative long-run relationship between both indices of police activity and each of break and enter, motor vehicle theft and robbery. No significant long-run relationship is found between assault and move-on directions. The person search activity is negatively related to assault, but the effect is weak; with a 10% increase in person search only resulting in a 0.5% fall in assaults. The implications for the exercise of police move-on and search powers are discussed.

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Sentas, Vicki, and Michael Grewcock. "Criminal Law as Police Power: Serious Crime, Unsafe Protest and Risks to Public Safety." International Journal for Crime, Justice and Social Democracy 7, no. 3 (September 1, 2018): 75–90. http://dx.doi.org/10.5204/ijcjsd.v7i3.554.

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This article considers the deepening of police power in New South Wales (NSW), Australia, criminal law. It analyses the combined effects of four recent criminal law regimes that not only give the NSW Police Force more powers, but also reflect the significant role of institutional police power and the pre-emptive logic of criminal law. We examine: the introduction of serious crime prevention orders; the introduction of public safety orders; investigative detention powers in relation to terrorist acts; and confiscation, forfeiture and search powers, and trespass offences that target protests. Drawing on the work of ‘police power’ theorists, we argue that these new regimes illustrate the centrality of police power to the criminal law rather than a deviation from a putative, ‘normal’ criminal law.

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Allan, T. R. S. "Some favourite fallacies about similar facts." Legal Studies 8, no. 1 (March 1988): 35–47. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00375.x.

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There can be few passages ofjudicial exegesis which have claimed more attention, analysis and controversy than Lord Herschell’s famous, or infamous, statement of principle in Makin u A-G for New South Wales. His Lordship had appeared to assert an absolute rule against adducing evidence of bad character in order to prove the defendant’s guilt on the basis ofhis criminal disposition; and in Boardman v DPP Lord Hailsham expressly approved this prohibition on use of the ‘forbidden chain of reasoning’. A recent judgment by Gibbs CJ in the High Court of Australia contains a lucid modern restatement of Lord Herschell’s principle:‘The prosecution cannot adduce evidence tending to show that the accused has been guilty ofcriminal acts other than those with which he is charged if the evidence shows only that he had a propensity to commit crime, or crime of a particular kind, or that he was the sort of person likely to have committed the crime charged.

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Gliksman, Michael, and Jack Chen. "Changes in the Juvenile Crime Incidence Rate by Gender in New South Wales, Australia, 1991/2 to 1996/7." Australian & New Zealand Journal of Criminology 34, no. 3 (December 2001): 302–9. http://dx.doi.org/10.1177/000486580103400307.

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The rates of appearance by boys and girls on several categories of charges before the Children's Courts in New South Wales, the most populous state in the Australian Federation, was calculated between the years 1991/2 to 1996/7, inclusive. The results show that the rate of assaults including serious assaults, robbery and extortion and drug offences allegedly committed by young people, rose during this period. The rate of increase in all these categories was greater among girls than among boys. The rates of the alleged committal of homicide and sexual assaults showed no significant change over the years 1991/2 to 1996/7 inclusive, among both boys and girls. Although the rate of alleged criminal activity by boys remains well above that of girls in all categories during this period, girls are “catching up” to boys in the alleged committal of crimes of violence and other crimes against the person.

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Cunneen, Chris, and Liz de Rome. "Monitoring Hate Crimes: A Report on a Pilot Project in New South Wales." Current Issues in Criminal Justice 5, no. 2 (November 1993): 160–72. http://dx.doi.org/10.1080/10345329.1993.12036602.

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Shea, Peter. "Book Review: Crime and Mental Health Law in New South Wales: A Practical Guide for Lawyers and Health Care Professionals." Australasian Psychiatry 14, no. 1 (March 2006): 94. http://dx.doi.org/10.1080/j.1440-1665.2006.02253.x.

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Heino, Brett. "Extended Book Review: ‘Your push is what makes the wheels turn’: Class, crime and law in colonial New South Wales." Capital & Class 43, no. 2 (June 2019): 362–67. http://dx.doi.org/10.1177/0309816819851034a.

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Greeff, Laetitia-Ann. "Corporal punishment in New South Wales: A call for repeal of section 61AA." Alternative Law Journal 47, no. 1 (December 15, 2021): 30–35. http://dx.doi.org/10.1177/1037969x211055538.

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Corporal punishment is lawful in the home in all Australian states and territories. In early 2021, the Tasmanian Commissioner for Children and Young People called for a repeal of s 50 of the Criminal Code Act 1924 (Tas) which permits the use of corporal punishment in the home, noting that society had moved on from the regular canings of the early 20th century when the law was passed. This article supports the call to abolish the defence of reasonable chastisement (lawful correction in NSW) by repealing s 61AA of the Crimes Act 1900 (NSW) so that children can have the same protections from physical violence as adults.

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Lawler, Siobhan M., Emma L. Barrett, Lexine A. Stapinski, David A. Bright, and Maree Teesson. "Themes in sentencing young adults charged with serious violent crime involving alcohol and other drugs." Australian & New Zealand Journal of Criminology 53, no. 3 (March 16, 2020): 411–32. http://dx.doi.org/10.1177/0004865820907149.

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The majority of young people in custody have alcohol and other drug problems and over 90% report past-year experiences of high-risk drinking and illicit drug use. Despite a strong link between drug use and violent offending, there is a dearth of information about how this relationship plays out in sentencing young adult offenders. This study examines themes in the sentencing of drug-using young adults facing court for serious violent crime and describes how judges discuss rehabilitation as a consideration for this high-risk group. This research contributes to the literature by bridging law and social science through a cross sectional analysis of n = 507 sentencing remarks from New South Wales higher courts. Substance use involvement was indicated in more than three-quarters (77%) of violent offence cases. Among young adults sentenced for violent crimes involving substance use (n = 51) robbery and homicide were the most common offences, and alcohol and methamphetamine were the most frequently involved substances. Two themes emerged around judges’ reasons for sentencing, one emphasising offender agency and choice and another more compassionate position acknowledging the influence of drug dependence on offending behaviour. Despite this divide, addressing substance use dependence was commonly seen as key for the successful rehabilitation of young people who commit violent crime involving alcohol and other drugs.

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Sheperdson, Patrick, Garner Clancey, Murray Lee, and Thomas Crofts. "Community Safety and Crime Prevention Partnerships: Challenges and Opportunities." International Journal for Crime, Justice and Social Democracy 3, no. 1 (April 2, 2014): 107–20. http://dx.doi.org/10.5204/ijcjsd.v3i1.135.

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In many jurisdictions around the world, community safety and crime prevention activity is supported by interagency committees. In the Australian state of New South Wales (NSW), local government Community Safety Officers (CSOs) lead, support or participate in a range of interagency and ‘whole of government’ networks, most of which were established to support central NSW state government crime prevention and community safety initiatives. Research was conducted with the aim of exploring the CSOs’ experience of the ‘whole of government’ partnerships established to support community safety and crime prevention in NSW.[i] The findings support international research which suggests that central-local partnerships are inhibited by different agendas, responsibilities and power dynamics across different levels of government. Some of the key contextual challenges for this work include concerns about costs shifting from State to local government and about shifting State government priorities; barriers to funding and to accessing crime (and other) data; and various administrative burdens. Consequently, we argued that there is a need for formal engagement and negotiation between, on the one hand, State government agencies that steer NSW crime prevention and, on the other, community safety policy initiatives and local government. Such engagement could help overcome the perception, indeed the reality, that shifting and dumping costs and responsibilities to local government is creating a range of burdens for CSOs. [i] The authors thank the NSW Local Government Community Safety and Crime Prevention Network and the individual local government CSOs who kindly assisted and contributed to this research.

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44

Bull, Lawrence. "Frontline Interview: Whistleblowers inside the Australian building racket." Pacific Journalism Review 20, no. 2 (December 31, 2014): 162. http://dx.doi.org/10.24135/pjr.v20i2.171.

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Multiple Walkley Award winners Nick McKenzie and Richard Baker from Fairfax’s Melbourne newspaper, The Age, have rocked venerable Australian institutions to their foundations with their investigative reporting. Previous investigations have exposed drug smuggling within Australian Customs, bribery on behalf of the Reserve Bank and organised criminals’ manipulation of horse racing. The duo started this year with an investigation deemed worthy of a Royal Commission. Their reports across the Fairfax network and on the ABC’s 7.30 programme featured interviews with whistleblowers risking their lives to go on the record to publicise the relationship between Construction Forestry Mining and Energy Union (CFMEU) and organised crime. The stories also exposed registered businesses owned by major organised crime figures winning lucrative construction contracts from the Victorian state government, and dealings within the New South Wales government’s Barangaroo development. Freelance reporter and University of Technology, Sydney, Journalism Masters student Lawrence Bull spoke with Nick McKenzie and Richard Baker about their latest project in two careers full of influential investigations, ‘Inside the Building Racket’.Frontline editor: Professor Wendy Bacon

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Butler, Tony, Peter W. Schofield, Lee Knight, Bianca Ton, David Greenberg, Rodney J. Scott, Luke Grant, et al. "Sertraline hydrochloride for reducing impulsive behaviour in male, repeat-violent offenders (ReINVEST): protocol for a phase IV, double-blind, placebo-controlled, randomised clinical trial." BMJ Open 11, no. 9 (September 2021): e044656. http://dx.doi.org/10.1136/bmjopen-2020-044656.

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IntroductionConsiderable evidence supports an association between poor impulse control (impulsivity) and violent crime. Furthermore, impulsivity and aggression has been associated with reduced levels of serotonergic activity in the brain. Selective serotonin reuptake inhibitors (SSRIs) are a class of antidepressants that aim to regulate brain serotonin concentrations. Several small studies in psychiatric populations have administered SSRIs to impulsive–aggressive individuals, resulting in reduced impulsivity, anger, aggression and depression. However, no clinical trial has been undertaken in a criminal justice population. This protocol describes the design and implementation of the first systematic study of the potential benefits of SSRIs in impulsive–violent offenders who are at high risk of reoffending.Methods and analysisA randomised, double-blinded, multicentre trial to test the clinical efficacy of an SSRI, sertraline hydrochloride, compared with placebo on recidivism and behavioural measures (including impulsivity, anger, aggression, depression and self-reported offending) over 12 months. 460 participants with histories of violence and screening positive for impulsivity are recruited at several local courts and correctional service offices in New South Wales, Australia.Ethics and disseminationResults will be submitted for publication in a peer-reviewed journal. Possible implications of the effectiveness of this pharmacological intervention include economic benefits of reducing prison costs and societal benefits of improving safety. This study has received ethical approval from the University of New South Wales, Aboriginal Health & Medical Research Council, Corrective Services NSW and the NSW Justice Health and Forensic Mental Health Network.Trial registration numberACTRN12613000442707.

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Edmunds, Kim, Laura Wall, Scott Brown, Andrew Searles, Anthony P. Shakeshaft, and Christopher M. Doran. "Exploring Community-Based Options for Reducing Youth Crime." International Journal of Environmental Research and Public Health 18, no. 10 (May 12, 2021): 5097. http://dx.doi.org/10.3390/ijerph18105097.

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BackTrack is a multi-component, community-based intervention designed to build capacity amongst 14–17-year-old high risk young people. The aim of the current study seeks to explore community value and preferences for reducing youth crime and improving community safety using BackTrack in a rural setting in Armidale, New South Wales, Australia. The study design used discrete choice experiments (DCEs), designed in accordance with the 10-item checklist outlined by the International Society for Pharmacoeconomics and Outcomes Research. The DCE was pilot tested on 43 participants to test feasibility and comprehension. A revised version of the survey was subsequently completed by 282 people over a 12-day period between 30 May 2016 and 10 June 2016, representing a survey response rate of 35%. Ninety per cent of respondents were residents of Armidale, the local rural town where BackTrack was implemented. The DCE generated results that consistently demonstrated a preference for social programs to address youth crime and community safety in the Armidale area. Respondents chose BackTrack over Greater Police Presence 75% of the time with an annual benefit of Australian dollars (AUD) 150 per household, equivalent to a community benefit of AUD 2.04 million. This study estimates a strong community preference for BackTrack relative to more policing (a community willing to pay equivalent to AUD 2.04 million) highlighting the clear value of including community preferences when evaluating community-based programs for high-risk young people.

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Weatherburn, Don. "Is tougher sentencing and bail policy the cause of rising imprisonment rates? A NSW case study." Australian & New Zealand Journal of Criminology 53, no. 4 (August 9, 2020): 563–84. http://dx.doi.org/10.1177/0004865820944975.

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Between 2000 and 2019, the number of inmates in Australian prisons grew from 21,714 in 2000 to 43,028 in 2019, an increase of 98%, or in per capita terms, 48%. Much of this increase occurred between 2012 and 2019. In New South Wales (NSW), for example, the prison population rose by 17% in the 11 years between 2000 and 2011, but then grew a further 39% in the eight years between 2012 and 2019. A similar acceleration in inmate numbers occurred in other States and Territories after 2011. In this article, we examine the contribution of sentencing, bail, policing policy and crime to the rapid rise in NSW imprisonment rates. We cite evidence showing that the likelihood of bail refusal has changed very little over the period when imprisonment rates rose, we find no evidence of a significant change in the length of sentences and no evidence of an increase in the likelihood of a prison sentence once changes in sentence-relevant factors are taken into account. Most of the increase in imprisonment rates appears to be due to changes in policing policy and (to a lesser extent) certain types of crime.

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Lancaster, Judith. "Who benefits from the equalising of age of consent provisions?: A critical analysis of the Wood Royal Commission Paedophile Inquiry recommendation for a lower minimum age of consent." Children Australia 26, no. 1 (2001): 34–38. http://dx.doi.org/10.1017/s1035077200010087.

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When the Wood Royal Commission into the New South Wales Police Service released its final Report on the Paedophile Inquiry in August 1997, its recommendation to remove the distinction between heterosexual and female homosexual sex and male homosexual sex by lowering the age currently set for the latter category surprised many citizens. There was concern, firstly, about the fact that the lack of satisfactory protective mechanisms in the prevailing laws would escape investigation and, secondly, that acts previously understood to be paedophilia and pederasty would be de-criminalised, thereby increasing the vulnerability of young Australians to sexual predators.The Crimes Amendment (Sexual Offences) Bill, introduced into the New South Wales Parliament in October 1997, and reintroduced in 1999, suggests a firm determination to implement the Royal Commission recommendation on consent, notwithstanding the fact that such change would be implemented in the absence of community debate and without addressing the implications of de-criminalisation. Although the Bill was rejected in the Upper House on both occasions, it is believed that further attempts will be made in the near future and, again, it will be in the absence of broad community debate. It is also widely believed that, should a change of this nature be implemented in New South Wales, it will have implications for children in other states across Australia.This paper explores the implications of equalising at a lower rather than higher minimum age of consent.

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Liston, Carol, and Kathrine M. Reynolds. "Man Robbery—A Gender Signifier in Convict Australia 1827–1836." Societies 10, no. 3 (June 30, 2020): 48. http://dx.doi.org/10.3390/soc10030048.

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This paper investigates the use of the anomalous term ‘man robbery’ in historical records relating to convict women in New South Wales. We question its accuracy as a criminal offence and conclude that its use in the 1830s was an administrative code that summarized an assessment not only of the women’s criminality but also of their morality. Its use in the historical records has been accepted uncritically by modern historians. The anomaly was identified through a large-scale study of these records. Often used to trace the histories of individual women for genealogical research, recurring patterns in the records are more noticeable when considering the crimes of some 5000 women transported to New South Wales, especially when their court records held in Britain are compared with those held in Australia. Evidence has emerged that the criminality of the women has been reduced by this gendered criminal offence. Inconsistency in the application of the term ‘man robbery’ led us to question it accuracy. Violence and participation in gangs were airbrushed from the records by the use of a term that implied that the women’s crimes related to their sexuality rather than their skills as criminals.

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Stout, Brian, Heather Dalby, and Ingrid Schraner. "Measuring the Impact of Juvenile Justice Interventions: What Works, What Helps and What Matters?" Youth Justice 17, no. 3 (December 2017): 196–212. http://dx.doi.org/10.1177/1473225417741226.

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This article considers the findings of three different research studies on one juvenile justice intervention. In 2015, Juvenile Justice New South Wales received three different research findings on the same programme, the Intensive Supervision Program (ISP). The Bureau of Crime Statistics Research (BOCSAR) provided a report on the reoffending rates of those young people who underwent the programme. A team of researchers from Western Sydney University produced a report in two parts: first, a qualitative study that told the story of the young people’s path towards desistance, and second, a related economic analysis plotting the possible economic benefits to society of this programme producing desistance in participants. It is a rare situation to have three such different research reports on the same programme so this article will consider the wider implications of this and how to best judge whether a criminal justice intervention is successful and worth pursuing.

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Journal articles on the topic 'Crime New South Wales'

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