Journal articles: 'Criminal statistics New South Wales'

1

Truong, Buu-Chau, Cathy WS Chen, and Songsak Sriboonchitta. "Hysteretic Poisson INGARCH model for integer-valued time series." Statistical Modelling 17, no. 6 (July 27, 2017): 401–22. http://dx.doi.org/10.1177/1471082x17703855.

Full text

Abstract:

This study proposes a new model for integer-valued time series—the hysteretic Poisson integer-valued generalized autoregressive conditionally heteroskedastic (INGARCH) model—which has an integrated hysteresis zone in the switching mechanism of the conditional expectation. Our modelling framework provides a parsimonious representation of the salient features of integer-valued time series, such as discreteness, over-dispersion, asymmetry and structural change. We adopt Bayesian methods with a Markov chain Monte Carlo sampling scheme to estimate model parameters and utilize the Bayesian information criteria for model comparison. We then apply the proposed model to five real time series of criminal incidents recorded by the New South Wales Police Force in Australia. Simulation results and empirical analysis highlight the better performance of hysteresis in modelling the integer-valued time series.

APA, Harvard, Vancouver, ISO, and other styles

2

Cashmor, Judy. "The Prosecution of Child Sexual Assault: A Survey of NSW DPP Solicitors." Australian & New Zealand Journal of Criminology 28, no. 1 (March 1995): 32–54. http://dx.doi.org/10.1177/000486589502800103.

Full text

Abstract:

Over the last decade, there has been a number of changes in the law and in courtroom procedures in relation to the prosecution of child sexual assault. These changes were intended to ease the restrictions on the admission of children's evidence and to make the experience of testifying less stressful for child witnesses. Court statistics on the outcome of child sexual assault prosecutions and the results of a survey by the NSW Office of the Director of Public Prosecutions (DPP) of prosecuted cases of child sexual assault in New South Wales were examined to throw some light on the way such prosecutions and the child witnesses involved were dealt with in the criminal justice system. One of the major concerns was that while some reforms have allowed more and younger children to give evidence, full advantage has not been taken of other reforms to ease children's experience at court.

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

4

Hall, Maggie. "Key Themes in New South Wales Criminal Justice." Current Issues in Criminal Justice 22, no. 1 (July 2010): 19–43. http://dx.doi.org/10.1080/10345329.2010.12035867.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Cowdery, Nicholas. "Criminal Justice in New South Wales under the new State Government." Current Issues in Criminal Justice 23, no. 3 (March 2012): 447–57. http://dx.doi.org/10.1080/10345329.2012.12035934.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Lancaster, H. O. "STATISTICAL SOCIETY OF NEW SOUTH WALES." Australian Journal of Statistics 30B, no. 1 (August 1988): 99–109. http://dx.doi.org/10.1111/j.1467-842x.1988.tb00491.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Allen, Judith, and Paula J. Byrne. "Criminal Law and Colonial Subject: New South Wales, 1810-1830." American Historical Review 99, no. 5 (December 1994): 1744. http://dx.doi.org/10.2307/2168522.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Hamilton, Paula, and Paula Jane Byrne. "Criminal Law and Colonial Subject: New South Wales 1810-1830." Labour History, no. 68 (1995): 213. http://dx.doi.org/10.2307/27516369.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

McFarlane, Kath, Emma Colvin, Andrew McGrath, and Alison Gerard. "‘Just another policy document?’ Can a protocol end the criminalisation of kids in care?" Alternative Law Journal 44, no. 1 (November 6, 2018): 37–42. http://dx.doi.org/10.1177/1037969x18795498.

Full text

Abstract:

This article examines the New South Wales Joint Protocol to Reduce the Contact of Young People in Residential OOHC with the Criminal Justice System (2016 ) from the perspective of residential out-of-home-care providers, police, lawyers and departmental staff involved in the child welfare and criminal justice systems in New South Wales.

APA, Harvard, Vancouver, ISO, and other styles

10

Whitten, Tyson, Melissa J. Green, Kristin R. Laurens, Stacy Tzoumakis, Felicity Harrs, Vaughan Carr, and Kimberlie Dean. "Parental offending and children’s emergency department presentations in New South Wales, Australia." Journal of Epidemiology and Community Health 73, no. 9 (May 31, 2019): 832–38. http://dx.doi.org/10.1136/jech-2019-212392.

Full text

Abstract:

ObjectivesChildren whose parents have a history of criminal offending may be at risk of higher rates of emergency department (ED) presentation, along with other adverse health outcomes. We used data from a large, population-based record linkage project to examine the association between maternal and paternal criminal offending and the incidence of ED presentations among child offspring.MethodsData for 72 772 children with linked parental records were drawn from the New South Wales Child Development Study. Information on parental criminal offending (spanning 1994–2016) and child ED presentations (spanning 2005–2016; approximately ages 2–12 years) was obtained from linked administrative records. Cox proportional hazards regression analyses were conducted to examine the association between parental offending and the incidence of children’s ED presentations for any reason and for physical injury, while accounting for important covariates.ResultsChild rates of ED presentation, particularly for physical injury, were higher among those with parental history of criminal offending, after adjusting for covariates. The magnitude of the association was higher for paternal criminal offending (ED presentation for any reason: HR=1.44 (95% CI 1.41 to 1.48); physical injury: HR=1.70 (95% CI 1.65 to 1.75)) than maternal criminal offending (any reason: HR=0.99 (95% CI 0.95 to 1.03); physical injury: HR=1.05 (95% CI 1.00 to 1.10)).ConclusionChildren of parents, particularly of fathers, with a history of criminal offending have an increased incidence of ED presentation, including for potentially avoidable physical injury. These findings require replication and further research to understand the mechanisms underlying these associations.

APA, Harvard, Vancouver, ISO, and other styles

11

Neil, Rebecca. "Teaching law and order: criminal justice and schools in New South Wales." Australian Journal of Human Rights 6, no. 1 (February 2000): 254–64. http://dx.doi.org/10.1080/1323238x.2000.11911035.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Smith, Crichton, Nick Parr, Nikola Balnave, Lucy Taksa, and Brian Croke. "Making New South Wales Religion, Education and Population Statistics Accessible." Local Population Studies, no. 98 (June 30, 2017): 87–91. http://dx.doi.org/10.35488/lps98.2017.87.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Rego, Rhanee. "A Critical Analysis of Post-Conviction Review in New South Wales, Australia." Wrongful Conviction Law Review 2, no. 3 (December 15, 2021): 305–47. http://dx.doi.org/10.29173/wclawr61.

Full text

Abstract:

Wrongful convictions leave an indelible mark on society. They are a tangible demonstration that the criminal legal system has failed, and a poignant reminder that all human institutions are fallible. Robust post-conviction review mechanisms are essential to provide an opportunity for justice to be eventually achieved for those who are wrongfully convicted. Through a critical examination of the post-conviction review mechanisms in NSW, which includes determining the existence of independence, transparency and accountability in the system, some deficiencies will be identified and analysed. Drawing on insights from the author’s role as a lawyer for Kathleen Folbigg (a woman convicted in 2003 of the murder of three of her infant children, and the manslaughter of her first child), this article will outline some of the key problems with the current system of post-conviction review in NSW. It then critically compares the existing system with the United Kingdom Criminal Cases Review Commission (“UK CCRC”). The UK CCRC has been chosen because it is a pioneering model which is designed to identify and remedy wrongful convictions in an independent, transparent, and accountable way. The article concludes that a version similar to the UK CCRC should be implemented in NSW to achieve justice for those wrongfully convicted.

APA, Harvard, Vancouver, ISO, and other styles

14

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

15

Schofield-Georgeson, Eugene. "Silence Matters: A survey of the right to silence in the summary jurisdiction of New South Wales." International Journal of Evidence & Proof 24, no. 2 (November 7, 2019): 121–41. http://dx.doi.org/10.1177/1365712719887409.

Full text

Abstract:

There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its significance in the face of various ‘law and order’ interventions seeking to limit its operation. This study is one of the largest of its kind, surveying over 1,000 charges to empirically assess the frequency of use and the effects of silence rights (the right to silence, privilege against self-incrimination and burden of proof) on conviction, in relation to a particular set of charges laid against a specific group of marginalised defendants in the Local Court summary jurisdiction of NSW. Adding to the existing literature, this study shows empirically how silence rights operate within an Australian summary jurisdiction for a specific group of criminal defendants who are significantly socially marginalised. In the process, it demonstrates that the use of silence rights is significant for this group, mostly in non-regulatory criminal matters. In this respect, silence rights can be understood to correlate with rates of conviction, mitigation of criminal sentencing and the practice of charge-bargaining.

APA, Harvard, Vancouver, ISO, and other styles

16

Hall, Maggie, and Kate Rossmanith. "Imposed Stories: Prisoner Self-narratives in the Criminal Justice System in New South Wales, Australia." International Journal for Crime, Justice and Social Democracy 5, no. 1 (March 1, 2016): 38–51. http://dx.doi.org/10.5204/ijcjsd.v5i1.284.

Full text

Abstract:

This article examines the ways in which offenders are required to provide very particular accounts of themselves and to self-narrate in confined ways. Drawing on ethnographic fieldwork and interviews conducted in the New South Wales justice system, it explores how the stories that offenders are made to accept and tell about themselves often bear little relationship to their own reflections. It analyses how, despite the expectations of judges and prison authorities, these self-narratives are not products of an offender’s soul-searching concerning his past actions and experience; rather they are products of an official legal narrative being imposed on an offender whose capacity to own and enact such a narrative is already seriously compromised.

APA, Harvard, Vancouver, ISO, and other styles

17

Ford, Lisa, and David Andrew Roberts. "‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony." Journal of Legal History 37, no. 2 (May 3, 2016): 198–214. http://dx.doi.org/10.1080/01440365.2016.1191591.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

McFarlane, Kath. "Care-criminalisation: The involvement of children in out-of-home care in the New South Wales criminal justice system." Australian & New Zealand Journal of Criminology 51, no. 3 (August 8, 2017): 412–33. http://dx.doi.org/10.1177/0004865817723954.

Full text

Abstract:

This article discusses the involvement in the New South Wales criminal justice system of a cohort of children in out-of-home care. The paper reports the findings of a four-year research project that investigated the relationship between the child welfare and justice systems as experienced by a cohort of children in the New South Wales Children’s Court criminal jurisdiction. Analysis of 160 case files identified that children in out-of-home care appeared before the Children’s Court on criminal charges at disproportionate rates compared to children who were not in out-of-home care. The out-of-home care cohort had a different and negative experience of the justice system, entering it at a significantly younger age and being more likely to experience custodial remand, than children who had not been in out-of-home care. While both cohorts shared many of the risk factors common to young offenders appearing before the Children’s Court, the out-of-home care cohort experienced significant additional disadvantage within the care environment (‘care-criminalisation’), such that living arrangements designed to protect them from harm instead created the environment for offending. The paper concludes by arguing that a paucity of research exists regarding the drivers and dynamics of care-criminalisation and that more research is needed to explore the criminogenic impacts of a childhood spent in out-of-home care.

APA, Harvard, Vancouver, ISO, and other styles

19

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

20

Quilter, Julia, and David Brown. "Speaking Too Soon: The Sabotage of Bail Reform in New South Wales." International Journal for Crime, Justice and Social Democracy 3, no. 3 (October 8, 2014): 73–97. http://dx.doi.org/10.5204/ijcjsd.v3i2.181.

Full text

Abstract:

Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have unintended consequences: in short, they are a mess. The whole process of reversal is an example of law and order politics driven by the shock jocks and tabloid media, the views of which, are based on fundamental misconceptions of the purpose of bail and its place in the criminal process, resulting in a conflation of accusation, guilt and punishment. Other consequences of the review and amendments process recognised in this article include the denigration of judicial expertise and lack of concern with evidence and process; the disproportionate influence of the shock jocks, tabloids and Police Association of NSW on policy formation; the practice of using retired politicians to produce ‘quick fix’ reviews; and the political failure to understand and defend fundamental legal principles that benefit us all and are central to the maintenance of a democratic society and the rule of law. The article concludes with some discussion of ways in which media and political debate might be conducted to produce more balanced outcomes.

APA, Harvard, Vancouver, ISO, and other styles

21

Pryor, Julie. "A snapshot of rehabilitation referrals in rural New South Wales." Australian Health Review 34, no. 2 (2010): 204. http://dx.doi.org/10.1071/ah08713.

Full text

Abstract:

The aim of this paper is to describe patterns of referral to inpatient rehabilitation in rural NSW. Archival records of referrals to one rural speciality medical rehabilitation service during 2004 and 2005 were analysed using descriptive statistics displayed using tables and graphs. Seventy-six referrers referred 922 patients for inpatient rehabilitation. Almost two-thirds (63.6%) came from the local acute hospital. Most referrals (80.4%) were considered appropriate for inpatient rehabilitation. Almost three-quarters (72.5%) of the patients referred were admitted. The demand for inpatient rehabilitation is high in rural NSW, suggesting that many healthcare providers view rehabilitation as a valuable service. Furthermore, this study suggests the important contribution that inpatient rehabilitation makes to the utilisation of acute care beds, but does not confirm it. What is known about the topic?Internationally and nationally there is a growing appreciation of the contribution that clinical rehabilitation services make to quality of life for people with a range of conditions, but little is known about referrals patterns to inpatient rehabilitation in rural NSW. What does the paper add?This paper provides the first focussed study of referrals to inpatient rehabilitation in rural NSW. It reports the number of patients referred, the number of referrers, the appropriateness of those referrals and their outcomes. What are the implications for practitioners?Rehabilitation services are important, widely and largely appropriately used; and that further work is needed to assess whether additional services are required to meet this demand.

APA, Harvard, Vancouver, ISO, and other styles

22

Shi, Yanlin. "New moderation methods of higher school certificate assessments: a case study of the New South Wales practice." Australian & New Zealand Journal of Statistics 63, no. 2 (June 2021): 257–83. http://dx.doi.org/10.1111/anzs.12317.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

24

Whitten, Tyson, Melissa J. Green, Stacy Tzoumakis, Kristin R. Laurens, Felicity Harris, Vaughan J. Carr, and Kimberlie Dean. "Children’s contact with police as a victim, person of interest and witness in New South Wales, Australia." Australian & New Zealand Journal of Criminology 53, no. 3 (January 9, 2020): 387–410. http://dx.doi.org/10.1177/0004865819890894.

Full text

Abstract:

Contact with the police, as the first contact with the criminal justice system for young people and children, may signify individuals who are vulnerable to later adverse social and health outcomes. However, little is known about how often children have contact with police or for what reason. In this paper, we provide a demographic profile of the prevalence and reasons for police contact among a representative, longitudinal, population-based sample of 91,631 young people in New South Wales, Australia. By 13 years of age, almost one in six (15.6%) children had contact with police as a victim, person of interest and/or witness on at least one occasion. The most common reason for contact with police was in relation to an assault. There was considerable overlap among children who had been in contact with police on more than one occasion for different reasons, with those having police contact as a person of interest or witness being seven times more likely to have also been in contact with police as a victim in a separate incident, than children not known to police. We show that contact with the police is surprisingly common among children and suggest that early interventions for children in contact with police might prevent a range of adverse outcomes not limited to criminal offending.

APA, Harvard, Vancouver, ISO, and other styles

25

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

26

Cunneen, Chris, and Julia Grix. "The Stolen Generations and Individual Criminal Victimisation: Valerie Linow and the New South Wales Victims Compensation Tribunal." Current Issues in Criminal Justice 14, no. 3 (March 2003): 306–9. http://dx.doi.org/10.1080/10345329.2003.12036270.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Cowdery, Nicholas. "A Threat to the Rule of Law: The New South Wales Crimes (Criminal Organisations Control) Act 2009." Current Issues in Criminal Justice 21, no. 2 (November 2009): 321–24. http://dx.doi.org/10.1080/10345329.2009.12035848.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

McNamara, Luke, and Julia Quilter. "Institutional Influences on the Parameters of Criminalisation: Parliamentary Scrutiny of Criminal Law Bills in New South Wales." Current Issues in Criminal Justice 27, no. 1 (July 2015): 21–40. http://dx.doi.org/10.1080/10345329.2015.12036029.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Cashmore, Judith, Alan Taylor, and Patrick Parkinson. "Fourteen-Year Trends in the Criminal Justice Response to Child Sexual Abuse Reports in New South Wales." Child Maltreatment 25, no. 1 (June 5, 2019): 85–95. http://dx.doi.org/10.1177/1077559519853042.

Full text

Abstract:

This study of attrition compares the prosecution of child sexual offenses reported while the complainant was still a child with those in which the report was delayed into adulthood; it also compares matters involving adult and young (under 18 years) suspects/defendants. It is based on an analysis of police and court administrative data in New South Wales, Australia over a 14-year period (2003–2016). Only one in five (21.6%) proceeded beyond the investigation stage. Criminal proceedings were more likely to commence when the alleged victim was 7–12 years old at the time of the incident, when the suspect was an adult and at least 10 years older than the victim, and also when the report to police was made when the victim was an adult. Just over half (55.5%) of the matters finalized in court resulted in a conviction. Cases in the higher courts were less likely to be dismissed and more likely to feature guilty pleas and convictions at trial than cases in the lower courts. The overall estimate is that only 12% of offenses reported to police resulted in a conviction, at a relatively stable rate over 14 years. These findings are consistent with those of comparable studies.

APA, Harvard, Vancouver, ISO, and other styles

30

Cameron, Ashley. "Common Sense or Unnecessary Complexity? The Recent Change to the Right to Silence in New South Wales." Deakin Law Review 19, no. 2 (December 30, 2014): 311. http://dx.doi.org/10.21153/dlr2014vol19no2art345.

Full text

Abstract:

The New South Wales government has now enacted section 89A of the Evidence Act 1995 (NSW), which will significantly amend the right to silence. The new provision allows courts in certain circumstances to draw unfavourable inferences from evidence of silence in criminal proceedings. Parliament has justified the legislation as a ‘common sense’ approach, intended to prevent offenders hiding behind a wall of silence. However the benefits of the legislation are expected to be minimal at best. Although critics have already put forward weighty theoretical arguments opposing the enactment of the new provision, how it will operate in New South Wales courts remains to be seen. This article will undertake a detailed comparative analysis, examining the operation of similar legislation in the United Kingdom to determine how section 89A might be interpreted and applied in New South Wales. This analysis suggests that the need for extensive and complicated jury directions, the problems in determining whether the provision is to be invoked at all, and the complex test used in deciding whether it was reasonable for the accused to remain silent, will create significant difficulties in the application of section 89A. It is contended that the number and seriousness of these difficulties, coupled with the only limited benefit (if any) to be derived from the section, justify the close monitoring of section 89A and its review at an appropriate time.

APA, Harvard, Vancouver, ISO, and other styles

31

Gibbons, Leonie, and Jan Mason. "Challenges posed by kinship care: A study focussing on New South Wales." Children Australia 28, no. 4 (2003): 12–18. http://dx.doi.org/10.1017/s1035077200005769.

Full text

Abstract:

Kinship care as a formal placement option has been steadily increasing over recent years, particularly in New South Wales. This paper draws on a report of research on kinship care in New South Wales, in which the two authors participated (Mason et al, 2002). In conducting the research, qualitative and quantitative methods were used to explore both ‘top down’ perspectives (from policy documents and statistics) and ‘bottom up’ perspectives (from child protection practitioners and those who experience policy as service recipients – kinship carers, young people in kinship care and parents of children in kinship care).In this paper we briefly outline the research and discuss findings relating to definitions of kinship care, the extent of kinship care in NSW, decision making around the placement of children in kinship care, reasons given by participants for kinship care, and support for carers.

APA, Harvard, Vancouver, ISO, and other styles

32

Green, Melissa J., Stacy Tzoumakis, Kristin R. Laurens, Kimberlie Dean, Maina Kariuki, Felicity Harris, Nicole O’Reilly, Marilyn Chilvers, Sally A. Brinkman, and Vaughan J. Carr. "Latent profiles of early developmental vulnerabilities in a New South Wales child population at age 5 years." Australian & New Zealand Journal of Psychiatry 52, no. 6 (November 6, 2017): 530–41. http://dx.doi.org/10.1177/0004867417740208.

Full text

Abstract:

Objective: Detecting the early emergence of childhood risk for adult mental disorders may lead to interventions for reducing subsequent burden of these disorders. We set out to determine classes of children who may be at risk for later mental disorder on the basis of early patterns of development in a population cohort, and associated exposures gleaned from linked administrative records obtained within the New South Wales Child Development Study. Methods: Intergenerational records from government departments of health, education, justice and child protection were linked with the Australian Early Development Census for a state population cohort of 67,353 children approximately 5 years of age. We used binary data from 16 subdomains of the Australian Early Development Census to determine classes of children with shared patterns of Australian Early Development Census–defined vulnerability using latent class analysis. Covariates, which included demographic features (sex, socioeconomic status) and exposure to child maltreatment, parental mental illness, parental criminal offending and perinatal adversities (i.e. birth complications, smoking during pregnancy, low birth weight), were examined hierarchically within latent class analysis models. Results: Four classes were identified, reflecting putative risk states for mental disorders: (1) disrespectful and aggressive/hyperactive behaviour, labelled ‘misconduct risk’ ( N = 4368; 6.5%); (2) ‘pervasive risk’ ( N = 2668; 4.0%); (3) ‘mild generalised risk’ ( N = 7822; 11.6%); and (4) ‘no risk’ ( N = 52,495; 77.9%). The odds of membership in putative risk groups (relative to the no risk group) were greater among children from backgrounds of child maltreatment, parental history of mental illness, parental history of criminal offending, socioeconomic disadvantage and perinatal adversities, with distinguishable patterns of association for some covariates. Conclusion: Patterns of early childhood developmental vulnerabilities may provide useful indicators for particular mental disorder outcomes in later life, although their predictive utility in this respect remains to be established in longitudinal follow-up of the cohort.

APA, Harvard, Vancouver, ISO, and other styles

33

Large, Matthew, Olav Nielssen, and Gordon Elliott. "Reliability of Psychiatric Evidence in Serious Criminal Matters: Fitness to Stand Trial and the Defence of Mental Illness." Australian & New Zealand Journal of Psychiatry 43, no. 5 (January 1, 2009): 446–52. http://dx.doi.org/10.1080/00048670902817745.

Full text

Abstract:

Objective: The criminal justice system relies on the opinions of expert witness to assist in decisions about fitness to stand trial (FST) and verdicts of not guilty by reason of mental illness (NGMI). The aim of the present study was to assess the level of agreement between experts about these legal issues using a consecutive series of serious criminal matters in New South Wales. Methods: Pairs of reports from 110 consecutive criminal matters completed by the New South Wales Office of the Director of Public Prosecutions between 2005 and 2007 were examined. The opinions of experts about FST and NGMI were recorded. Results: Agreement about FST was fair–moderate (experts engaged by opposite sides, κ = 0.293; experts engaged by the same side, κ = 0.471), although there was a higher level of agreement in homicide matters. Agreement about NGMI was moderate–good (experts engaged by opposite sides, κ = 0.508; experts engaged by the same side, κ = 0.644) and there was a higher level of agreement when the experts also agreed about the diagnosis of schizophrenia. Further analysis using generalized estimating equations did not find a higher level of agreement about FST or NGMI in pairs of reports containing the opinion of experts from the same side. Conclusions: Little evidence was found for bias in expert opinions about either FST or NGMI, but the comparatively low level of agreement about FST suggests the need for reform in the way that FST is assessed.

APA, Harvard, Vancouver, ISO, and other styles

34

Tomsen, Stephen, and Tyrone Kirchengast. "Victimhood, truth and criminal justice failure in relation to anti-homosexual violence and killings in New South Wales." Current Issues in Criminal Justice 31, no. 2 (February 13, 2019): 181–93. http://dx.doi.org/10.1080/10345329.2019.1571395.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Matthee, Jacques. "Die Mishandelde Vrou in die Strafreg: 'n Regsvergelykende ondersoek." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 214. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2744.

Full text

Abstract:

This article seeks to critically examine recent criminal law developments in Australia, England and Wales that specifically address the situation in which battered women find themselves. This article specifically focuses on the question of whether or not South Africa can learn something from these developments in order to make better provision for battered women who kill their abusers after having suffered through years of physical abuse. The question of whether or not a separate defence can be created for battered women in South Africa is also explored in this article. In order to answer this question, an investigation is launched into suggested defences in Australia, New Zealand and South Africa.

APA, Harvard, Vancouver, ISO, and other styles

36

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

37

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

38

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

39

Roberts, David Andrew. "Exile in a Land of Exiles: The Early History of Criminal Transportation Law in New South Wales, 1788–1809." Australian Historical Studies 48, no. 4 (September 13, 2017): 470–85. http://dx.doi.org/10.1080/1031461x.2017.1366533.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

GARTON, STEPHEN. "The Rise of the Therapeutic State: Psychiatry and the System of Criminal Jurisdiction in New South Wales, 1890-1940." Australian Journal of Politics & History 32, no. 3 (April 7, 2008): 378–88. http://dx.doi.org/10.1111/j.1467-8497.1986.tb00884.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Causbrook, Madeleine. "Taking controlling and coercive behaviour seriously: Criminalising domestic violence in NSW." Alternative Law Journal 43, no. 2 (June 2018): 102–7. http://dx.doi.org/10.1177/1037969x18772160.

Full text

Abstract:

This article argues that New South Wales (NSW) needs a domestic violence offence to criminally sanction controlling and coercive behaviour in relationships, and communicate that the harm particular to domestic violence deserves special recognition by the criminal law. It examines formulations of domestic abuse offences in domestic and international jurisdictions and suggests the merits of moving away from offences that focus on physical harm and subjective intention. Finally, a new domestic violence offence is proposed that is modelled on the UK's controlling or coercive behaviour offence, but more precisely defines ‘controlling’ and ‘coercive’ behaviours, and better accords with existing legislation.

APA, Harvard, Vancouver, ISO, and other styles

42

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

43

Siminski, Peter, Jenny Chalmers, and Marilyn McHugh. "Foster carers in New South Wales: Profile and projections based on ABS Census data." Children Australia 30, no. 3 (2005): 17–24. http://dx.doi.org/10.1017/s1035077200010786.

Full text

Abstract:

Administrative data on foster carers in New South Wales (NSW) are sadly lacking. Based on research commissioned by the NSW Department of Community Services, this paper uses the Australian Bureau of Statistics Census of Population and Housing and other data to provide up-to-date information on the characteristics of foster carers and the demographic trends that are influencing their numbers. Census data indicate that foster carer families are most likely to contain women aged 35–54 years, not in the labour force. Couples account for two-thirds of all foster carers, with the majority of those couples also caring for birth children. While single parents account for less than one-fifth of all foster carers, they are more likely to foster than couples, either with or without birth children. Higher rates of fostering were found in relatively disadvantaged areas. Projected increases in female labour force participation are expected to contribute to a decline (or to slower growth) in the number of foster carers over the next decade. However, projected increases in sole parent families and couples without children are expected to have the opposite effect. The relative magnitude of these effects was not ascertained.

APA, Harvard, Vancouver, ISO, and other styles

44

Gerard, Alison, Andrew McGrath, Emma Colvin, and Kath McFarlane. "‘I’m not getting out of bed!’ The criminalisation of young people in residential care." Australian & New Zealand Journal of Criminology 52, no. 1 (June 4, 2018): 76–93. http://dx.doi.org/10.1177/0004865818778739.

Full text

Abstract:

Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment itself, use of police as a behavioural management tool, deficient staff training and inadequate policies and funding to address the over-representation. These factors, combined with the legacy of Australia’s colonial past, were a particularly potent source of criminalisation for Aboriginal children in care.

APA, Harvard, Vancouver, ISO, and other styles

45

White, Jarrod. "Power/Knowledge and Public Space: Policing the ‘Aboriginal Towns’." Australian & New Zealand Journal of Criminology 30, no. 3 (December 1997): 275–91. http://dx.doi.org/10.1177/000486589703000305.

Full text

Abstract:

The over representation of Aboriginal people in the criminal justice system is very well established. Further, the role of the police as an organ playing a key role in this over representation — as distinct from essentially passive respondents to a presumably criminal Aboriginal population — has also been widely accepted within the field of criminology This article is an attempt to form an understanding of the interaction between Aboriginal people and police by analysing the manner in which knowledge of the Aboriginal subject is constructed through material police practices in a particular context — the rural communities of North-West New South Wales. The paper emphasises the relationship between the structural imperatives of policing and the specific conditions of particular policed spaces, and the active role played by Aboriginal people in the creation of policing outcomes.

APA, Harvard, Vancouver, ISO, and other styles

46

LARNEY, SARAH, and KRISTY A. MARTIRE. "Factors affecting criminal recidivism among participants in the Magistrates Early Referral Into Treatment (MERIT) program in New South Wales, Australia." Drug and Alcohol Review 29, no. 6 (March 19, 2010): 684–88. http://dx.doi.org/10.1111/j.1465-3362.2010.00186.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Nielssen, Olav, Natalia YL Yee, Kimberlie Dean, and Matthew Large. "Outcome of serious violent offenders with psychotic illness and cognitive disorder dealt with by the New South Wales criminal justice system." Australian & New Zealand Journal of Psychiatry 53, no. 5 (May 13, 2018): 441–46. http://dx.doi.org/10.1177/0004867418771751.

Full text

Abstract:

Background: The few studies of the recidivism by people with psychotic illness and cognitive disorder who are convicted of serious violent offences and sentenced by the courts. Method: Re-imprisonment data were obtained for 661 individuals convicted of serious non-lethal violent offences in the District Courts of New South Wales in the years 2006 and 2007. Rates of re-imprisonment of offenders known to psychotic illness or cognitive disorder (intellectual disability or acquired brain injury) was compared to those not known to have those conditions. A survival analysis was performed controlling for the effects of male sex, having a report by a mental health professional at the initial sentencing and receiving a custodial sentence for the initial offence. Results: There was no significant difference in the overall likelihood of further imprisonment between those with psychotic disorder (53.7%), those with cognitive disorder (50.7%) or among those with neither condition (45.2%; χ2 = 2.22, p = 0.33). A Kaplan–Meier analysis found that people with a psychotic disorder were returned to custody earlier than those not known to have psychosis ( p = 0.002). People with psychosis spent a non-significantly greater time in custody (mean 477 days) than those with a cognitive disorder (mean 334 days) or among those with neither condition (mean 348 days) (Mann–Whitney Z-score = 1.5, η2 = 0.003, p value = 0.13). For the entire sample of 661 offenders, those who received non-custodial sentences for their initial offences had a lower likelihood of spending any time in custody in the follow-up period. Conclusion: The likelihood of returning to custody of sentenced violent offenders with psychotic illness or cognitive disorder is higher than that of released forensic patients in New South Wales followed up for a similar period. The results suggest an opportunity to improve the outcome of offenders with psychosis by better treatment and rehabilitation.

APA, Harvard, Vancouver, ISO, and other styles

48

Schmidt, A. J. "Criminal Law and Colonial Subject: New South Wales, 1810-1830. By Paula J. Byrne (New York: Cambridge University Press, 1933. xiv plus 301pp.)." Journal of Social History 28, no. 4 (June 1, 1995): 912–14. http://dx.doi.org/10.1353/jsh/28.4.912.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Stardust, Zahra, Johann Kolstee, Stefan Joksic, James Gray, and Siobhan Hannan. "A community-led, harm-reduction approach to chemsex: case study from Australia’s largest gay city." Sexual Health 15, no. 2 (2018): 179. http://dx.doi.org/10.1071/sh17145.

Full text

Abstract:

Rates of drug use remain substantially higher among gay and bisexual men (GBM) and people living with HIV (PLHIV) in Sydney, New South Wales, Australia. The use of drugs to enhance sexual pleasure within cultures of Party and Play creates opportunities to discuss sexual health, mental health, consent and wellbeing. Community organisations with a history of HIV prevention, care, treatment are well-placed to respond. ACON’s (formerly the AIDS Council of New South Wales) multi-dimensional response to ‘chemsex’ includes: direct client services support for individuals seeking to manage or reduce their use; health promotion activities that support peer education; partnerships with research institutions to better understand cultures of chemsex; and policy submissions that call for drug use to be approached as a health, rather than a criminal, issue. The approach speaks the language of Party and Play subcultures; employs culturally relevant terminology and imagery; uses content designed, created and delivered by peers; and operates within a pleasure-positive, harm-reduction and community-led framework. These interventions have led to increased service uptake, strong community engagement, robust research partnerships and the recognition of GBM as a priority population in relevant strategies.

APA, Harvard, Vancouver, ISO, and other styles

50

Chessman, BC. "Habitat Preferences of Fresh-Water Turtles in the Murray Valley, Victoria and New-South-Wales." Wildlife Research 15, no. 5 (1988): 485. http://dx.doi.org/10.1071/wr9880485.

Full text

Abstract:

Preferences of Chelodina expansa, Chelodina longicollis and Emydura macquarii (Testudines : Chelidae) for different types of aquatic habitat on the Murray River flood plain in south-eastern Australia were inferred from catch statistics. E. macquarii was the species most often caught in the river itself and river backwaters, whereas C. longicollis formed the majority of captures from oxbow lakes, anabranches, ponds, rain pools and a swamp. Relative abundance of E. macquarii was significantly positively correlated with water body depth, transparency, persistence during dry conditions and flow speed, and negatively correlated with remoteness from the river. C. longicollis demonstrated the opposite pattern, and the proportional catch of C. expansa was weakly correlated with environmental variables. The capacity of C. longicollis for colonising and surviving in small, remote and ephemeral ponds and pools relates to its ability to aestivate and resist desiccation and its propensity for overland migration.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Criminal statistics New South Wales'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles