Добірка наукової літератури з теми "Evidence (law) – australia – cases"

That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confiden­tiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protec­tion for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journal­ists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.

Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about “intoxication” in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly “intoxicated.” It shows that in the absence of legislative guidance on how the task should be approached, courts tend to assign only a relatively marginal role to medical and scientific expert evidence, and frame the question as one that can be answered by applying common knowledge about the effects of alcohol and other drugs. The article examines the adequacy of this approach, given the weak foundation for assuming that the relationship between intoxication and the complex cognitive processes on which tribunals of fact are often required to reach conclusions (such as intent formation) is within the lay knowledge held by jurors and judges.

The use of statistical data to prove racial discrimination by police in individual cases is relatively novel in Australia. Based on a survey of international strategies, this article argues that statistical and social science data can play three critical evidential roles in litigation. Firstly, it can form part of the social context evidence used to influence the inferences that can be drawn from other evidence led in a case. Secondly it can influence the cogency of the evidence required for claimants to meet the standard of proof, and thirdly, it can be used to shift the burden of proof. Using these evidential methods, evidence of institutional racism can be used to assist in making findings of discrimination in individual cases. This article speculates on the role that statistics could have played in the Haile-Michael race discrimination claim that settled in 2013, and in the 2019 inquest into the death of Tanya Day.

International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk.

Indirect (circumstantial) evidence, either economic evidence or communication evidence, has been used in cartel cases in many countries such as United States of America, Japan, Australia, Brazil, Malaysia, and others. According to Indonesia criminal procedure law, the position of indirect (circumstantial) evidence is categorized as an indication (clue evidence) whereas according to Indonesia civil procedure law, indirect (circumstantial) evidence is categorized as presumption. Considering the characteristics the antimonopoly law which aims to find material truth, the position of indirect evidence is more properly said to be an indication. Owing to its status as an indication, indirect evidence should be exhibited together with the other direct evidence. Indirect evidenceatau bukti tidak langsung, baik bukti ekonomi atau bukti komunikasi, telah digunakan dalam kasus-kasus kartel di banyak negara, seperti Amerika Serikat, Jepang, Australia, Brazil, Malaysia, dan lain-lain. Menurut hukum acara pidana Indonesia, posisi bukti tidak langsung dikategorikan sebagai indikasi (bukti petunjuk), padahal menurut hukum acara perdata Indonesia, bukti tidak langsung dikategorikan sebagai praduga. Mengingat karakteristik hukum anti-monopoli yang bertujuan untuk mencari kebenaran materiil, posisi bukti tidak langsung lebih tepat dikatakan indikasi. Karena statusnya sebagai indikasi, bukti tidak langsung harus dipamerkan bersama dengan bukti langsung lainnya.

In two decisions handed down in 2016, the High Court of Australia considered legal measures designed to deal with children in the criminal justice system in an age-appropriate manner. The first case, The Queen v GW, was a prosecution appeal involving the unsworn evidence of a child witness. In this decision, the High Court reviewed the common law and statutory background to unsworn evidence, and gave important guidance on the proper approach to dealing with such evidence in proceedings. The second case was RP v The Queen, which involved the criminal responsibility of a child defendant, and in particular the application of the doli incapax presumption. In this decision, the High Court reviewed the common law background to doli incapax, and gave guidance on its application in criminal proceedings. This commentary discusses both cases and the principles underlying the High Court’s reasoning.

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

In an earlier article (Bates, 1990), it was suggested that the test enunciated by the High Court of Australia in In the Marriage of M (1988) F.L.C. 91–979 for denying custody or access in cases where there had been allegations of child sexual abuse was inappropriate. In that case, it will be remembered, the High Court stated (at 77,081) that: To achieve a proper balance, the test is best expressed by saying that a court will not grant custody or access to a parent if that custody or access would expose the child to an unacceptable risk of sexual abuse.

This article argues that not much has changed since Australia amended in 2010 its International Arbitration Act, incorporating most of the 2006 revisions to the UNCITRAL Model Law as well as other reforms aimed at positioning Australia as a plausible arbitral venue in the Asia-Pacific region. There is no evidence yet of a broader 'cultural reform' that would make international arbitration speedier and more cost-effective - as urged by Australia's then Attorney-General when introducing the 2010 amendments. In fact, the article first outlines one ongoing cross-border dispute that has engendered at least five sets of proceedings, including a (thankfully unsuccessful) constitutional challenge to the Model Law regime. It then compares case disposition statistics for other Federal Court cases decided three years before and after the amendments, finding only minor differences.1 The article suggests a range of further revisions needed for the Act that emerge from the dispute including the constitutional challenge, as well as other topics for reform including measures to encourage a more internationalist interpretation of instruments such as the Model Law. Continuous improvement and continuous vigilance are needed for Australia to keep developing distinctive expertise in this complex and evolving field of law and practice.

Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.

This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.

Past research has illustrated that communily attitudes tend not to be reflected in crime legislation particularly when considering the victim-offender relationship and perceived seriousness of child sexual abuse. This study examined the effects of 4 different victimoffender relationships and the degree of trust within these relationships on perceptions of offence seriousness and emotional and physical harm, for the offence of indecently dealing with a 14-year old girl. One hundred and sixty community members used a 7- point scale to rate the degree of trust within these relationships, the seriousness of the offence and the emotional and physical harm suffered by the victim. Four two-way ANOVAs and one correlation were perfonned. Results showed that the victim-offender relationship failed to influence perceptions of offence seriousness, emotional and physical harm. Although the ratings of trust differed across the 4 relationship types, trust failed to significantly influence perceptions of offence seriousness, emotional and physical harm. Women were found to rate the offence as more serious and harmful than men. Possible explanations for these findings are discussed.

Thesis (Ph.D.) -- La Trobe University, 2006.
Research. "A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy, La Trobe Law, Faculty of Law and Management, La Trobe University, Bundoora, Victoria". Includes bibliographical references (leaves 318-338). Also available via the World Wide Web.

When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.

In August 2000, Justice O�Loughlin of the Federal Court of Australia handed down the decision in Cubillo v Commonwealth in which Lorna Cubillo and Peter Gunner took action against the Commonwealth Government, arguing that it was vicariously liable for their removal from their families and communities as children and subsequent detentions in the Northern Territory during the 1940s and 1950s. The case is the landmark decision in relation to legal action taken by members of the Stolen Generations. Using the decision in Cubillo as a key site of contestation, my thesis provides a critique of legal positivism as the dominant jurisprudential discourse operating within the Anglo-Australian legal system. I argue that the function of legal positivism as the principal paradigm and source of authority for the decision serves to ensure that the debate concerning reconciliation in Australia operates rhetorically to maintain whiteness at the centre of political and discursive power. Specifically concerned with the performative function of legal discourse, the thesis is an interrogation of the interface of law and language, of rhetoric, and the semiotics of legal discourse. The dominant theory of evidence law is a rationalist and empiricist epistemology in which oral testimony and documentary evidence are regarded as mediating the relationship between proof and truth. I argue that by attributing primacy to principles of rationality, objectivity and narrative coherence, and by privileging that which is visually represented, the decision serves an ideological purpose which diminishes the significance of race in the construction of knowledge. Legal positivism identifies the knowing subject and the object of knowledge as discrete entities. However, I argue that in Cubillo, Justice O�Loughlin inscribes himself into the text of the judgment and in doing so, reveals the way in which textual and corporeal specificities undermine the pretence of objective judgment and therefore the source of judicial authority.

This research used the Queensland Police Service, Australia, as a major case study. Information on principles, techniques and processes used, and the reason for the recording, storing and release of audit information for evidentiary purposes is reported. It is shown that Law Enforcement Agencies have a two-fold interest in, and legal obligation pertaining to, audit trails. The first interest relates to the situation where audit trails are actually used by criminals in the commission of crime and the second to where audit trails are generated by the information systems used by the police themselves in support of the recording and investigation of crime. Eleven court cases involving Queensland Police Service audit trails used in evidence in Queensland courts were selected for further analysis. It is shown that, of the cases studied, none of the evidence presented was rejected or seriously challenged from a technical perspective. These results were further analysed and related to normal requirements for trusted maintenance of audit trail information in sensitive environments with discussion on the ability and/or willingness of courts to fully challenge, assess or value audit evidence presented. Managerial and technical frameworks for firstly what is considered as an environment where a computer system may be considered to be operating “properly” and, secondly, what aspects of education, training, qualifications, expertise and the like may be considered as appropriate for persons responsible within that environment, are both proposed. Analysis was undertaken to determine if audit and control of information in a high security environment, such as law enforcement, could be judged as having improved, or not, in the transition from manual to electronic processes. Information collection, control of processing and audit in manual processes used by the Queensland Police Service, Australia, in the period 1940 to 1980 was assessed against current electronic systems essentially introduced to policing in the decades of the 1980s and 1990s. Results show that electronic systems do provide for faster communications with centrally controlled and updated information readily available for use by large numbers of users who are connected across significant geographical locations. However, it is clearly evident that the price paid for this is a lack of ability and/or reluctance to provide improved audit and control processes. To compare the information systems audit and control arrangements of the Queensland Police Service with other government departments or agencies, an Australia wide survey was conducted. Results of the survey were contrasted with the particular results of a survey, conducted by the Australian Commonwealth Privacy Commission four years previous, to this survey which showed that security in relation to the recording of activity against access to information held on Australian government computer systems has been poor and a cause for concern. However, within this four year period there is evidence to suggest that government organisations are increasingly more inclined to generate audit trails. An attack on the overall security of audit trails in computer operating systems was initiated to further investigate findings reported in relation to the government systems survey. The survey showed that information systems audit trails in Microsoft Corporation's “Windows” operating system environments are relied on quite heavily. An audit of the security for audit trails generated, stored and managed in the Microsoft “Windows 2000” operating system environment was undertaken and compared and contrasted with similar such audit trail schemes in the “UNIX” and “Linux” operating systems. Strength of passwords and exploitation of any security problems in access control were targeted using software tools that are freely available in the public domain. Results showed that such security for the “Windows 2000” system is seriously flawed and the integrity of audit trails stored within these environments cannot be relied upon. An attempt to produce a framework and set of guidelines for use by expert witnesses in the information technology (IT) profession is proposed. This is achieved by examining the current rules and guidelines related to the provision of expert evidence in a court environment, by analysing the rationale for the separation of distinct disciplines and corresponding bodies of knowledge used by the Medical Profession and Forensic Science and then by analysing the bodies of knowledge within the discipline of IT itself. It is demonstrated that the accepted processes and procedures relevant to expert witnessing in a court environment are transferable to the IT sector. However, unlike some discipline areas, this analysis has clearly identified two distinct aspects of the matter which appear particularly relevant to IT. These two areas are; expertise gained through the application of IT to information needs in a particular public or private enterprise; and expertise gained through accepted and verifiable education, training and experience in fundamental IT products and system.

This chapter explores best practice in presenting economic evidence and how courts can assess what weight and credibility to attach to the evidence of economic experts, especially in situations where two experts reach different conclusions. Useful principles for dealing with these situations have been developed in the United States (the Daubert test), the United Kingdom (the ‘duty to help the court’), and Australia (the ‘hot tub’). The chapter concludes with some, mostly optimistic, observations about the future of the use of economics in competition law.

Abstract Drawing on 12 legal cases where Aboriginal women had killed their abusive male partners, this chapter reflects on whether the practice of law really hears women’s narratives of domestic violence. It explores the available defenses to homicide in New South Wales, Australia, and reviews how the practices of law and legal personnel hear or fail to hear women’s narratives of abuse. This chapter also explores the outcomes for Aboriginal women when the law fails to hear their experiences of abuse. This chapter concludes that while the legal system has developed the capacity to understand and explain the nuance of the circumstances reflected in the cases and introduced and developed a range of legal defenses that can potentially mitigate sentences for women who kill violent men, available evidence suggests that for some they can be ineffectual in practice.

This chapter offers, from a comparative perspective, a consideration of possible approaches to defining the scope of the hearsay rule in criminal cases. In The Principles of Criminal Evidence (1989), Adrian Zuckerman called for a more flexible approach to criminal hearsay doctrine than that prevailing in England and Wales at the time. Some three decades later, the major common law jurisdictions retain rules that have the effect, broadly speaking, of presumptively excluding hearsay evidence in criminal cases. There has been considerable judicial and academic focus in recent times on issues associated with the exceptions to such exclusionary rules. This chapter examines a related question that, although fundamental, has attracted far less attention and remains relatively under-explored: what is, and what should be, the precise scope of the rules that presumptively exclude hearsay evidence in criminal cases? It is noted that the decision of the Supreme of Court of Canada in R v Baldree (2013) offers a radically different approach to this question from that taken in the Criminal Justice Act 2003 (England and Wales), the US Federal Rules of Evidence, the Australian uniform evidence legislation, or the Evidence Act 2006 (New Zealand). In the light of a consideration of the approaches taken in various jurisdictions and the implications of these approaches, the chapter concludes that the Canadian approach provides the most sensible basis for possible reform. Some suggestions on the way in which the relevant law in England and Wales might be reformed are also offered.

Abstract As has been the case with most developed economies throughout the world, e-commerce activity in Australia has burgeoned in recent years as evidenced by the following data published by the Australian Bureau of Statistics regarding the business use of information technology and Internet commerce:

When it comes to the evidence, three central questions arise. Who should bear the burden of producing them, how much proof is required, and what evidence is admissible. To the extent that advocating for new evidence or presenting it, when permitted by law, is a procedural faculty and therefore subject to estoppel, the answer to the third question changes throughout the process. For this reason, one can even unfold the answer to the third question into which are admissible by law and when each piece of evidence is admissible. Law, jurisprudence and doctrine deal with zeal and attention to these questions, in general and in specific cases or hypotheses. Still, when the analysis is deepened, one perceives in each mode of proof equally curious questions. In the case of expert evidence, it is also frequent to discuss who will produce it, when and how to produce it and how to deal with its product, the report.

Abstract Coal seam gas (CSG) is a naturally occurring methane gas found in most coal seams and is similar to conventional natural gas. CSG is a major source of energy, accounting for about 15% of Australia's electricity generation. Also, CSG is an integral part of the gas industry in eastern Australia, particularly in Queensland. Origin Energy is the upstream operator for a leading joint venture in Australia and is responsible for the development of its CSG fields in the Surat and Bowen basins as well as the main transmission pipeline that transports the gas to the LNG facility on Curtis Island near Gladstone, Queensland. Origin Energy has been exploring ways to leverage modern technology solutions to increase field staff productivity, reduce operating costs per well, and improve asset reliability while also bringing more wells into production to meet growing customer demands. Field operators drive up to 100km per day and may have up to 20 well visits per day as part of a routine inspection that involves visual checks of the site to gain situational awareness. In recent years, with advancements in technologies such as edge compute (IoT), modern network connectivity options (satellite, narrow-band LTE) and Machine learning (no-code/low-code solutions) leveraging Cloud infrastructure early experiments are suggesting the implementation of safe, reliable, low-cost remote monitoring capabilities at scale is a possibility. This paper discusses how Amazon Web Services (AWS) collaborated with Origin Energy to deploy a trial focusing on remote monitoring of well pads using a camera solution. This trial captures images from the well pad at regular intervals, which when scaled out will help reduce the need for routine inspection of well pads by field operator at the current interval. This trial has also developed a data repository of all the images in the AWS Cloud and is designing a data processing pipeline to label images and use low-code/no-code ML to detect visual anomalies. In addition to the Origin Energy use cases (described in use case section 2.1 and 2.2) AWS has also helped an operator in North America (use case section 2.3) with building Machine learning models using Amazon SageMaker for anomaly detection. Hence, based on these projects it has become evident that using IoT, Machine Learning, and Cloud computing can accelerate innovation that drives down cost and increase operational safety of managing Oil & Gas assets remotely.

Coastal regions are vulnerable to natural hazards such as storm surge flooding. Increased population growth and wealth in coastal areas have led to swelling costs associated with flood-related damages, as evidence in Miami-Dade County, Florida across the decades. While, various studies have assessed the flood hazard levels in the County, incorporating the FEMA Flood Insurance Rate Maps, no examination has been conducted to determine the vulnerability of individual buildings to storm surge flooding. Inferring from the concept of Papathoma Tsunami Vulnerability Assessment (or PTVA), which employed a multi-criteria evaluation method to assess the vulnerability of buildings to a tsunami in Australia, this study developed the Storm Surge Building Vulnerability (SSBV) model to assess the vulnerability of coastal buildings to storm surge flooding, and utilized Miami-Dade County sites, as case study areas. The study selected SSBV parameters based on FEMA’s report of the observed damages to buildings caused by hurricanes and available literature. Input data included a Category 5 hurricane SLOSH model, GIS floodplains data, and building characteristics. The model was applied to a transversal section of buildings on Miami Beach, which included two historic districts. Validation was performed through a Synoptic Survey, Google Earth images, and existing GIS data. Out of the total of 297 buildings considered in the model, 101 evidenced moderate vulnerability, 73 high vulnerability, and six a very high vulnerability. Of the 79 buildings that exhibited a high and very high vulnerability, 55 (approximately 70%) of them are slab-on-grade buildings. Most of the very low and low vulnerability buildings are high-rise buildings and/or were located behind the tall dune. It can be concluded from this study that the vulnerability of buildings to storm surge flood¬ing is dependent on the nature of the building’s constructive features, its relation to the ground plane, and to contextual features in its immediate vicinity, as opposed to only the flood hazard present within zones.

Submission and assessment of evidence is one of the elements of the right to a fair trial, which must be ensured when reviewing a case in the court of first instance, as well as in cases provided for by law and to a certain extent in the appeal instance. Submission of evidence at the appeal instance is permitted only in exceptional cases, and under the condition that its non-submission at the first instance did not depend on the will of the parties to the case. Studying court practice shows that it is currently not possible to change the existing regulation of the law and refuse to present new evidence at the appeal instance. This would leave an undesirable impression on the court’s duty to find a more correct and fair solution to disputes, as well as violate the rights of persons to a fair trial.

The in vitro effect of Australian snake venoms on human citrated plasma has been documented and the majority induce coagulation, in keeping with the common clinical presentation of D.I.C. following envenomation. The effect of these venoms upon platelets in vitro has hitherto not been studied extensively and clinical evidence is conflicting, some cases with thrombocyto-paenia have been reported. Twenty Australian venoms were tested, 19 elapids and one hydrophiid (Enhydrina schistosa). Four crotalid snake venoms from the Americas and S.E. Asia were also tested. All of the venoms (1 mg/ml) were investigated for t^eir ability to aggregate both fresh washed platelets (200 × 109/l) resuspended in modified Ardlie’s buffer pH 7.35 and formaldehyde fixed platelets (200 × 109/l) in phosphate buffered saline pH 7.35 using a dual channel Chronolog aggregometer. Samples were taken for electron microscopy (EM).All elapid venoms induced aggregation in fresh platelets, some only minimally and often after a long lag phase. EM studies revealed only clumping without degranulation of the platelets. This was in marked contrast to the crotalid venoms where rapid aggregation and gross degranulation occurred. The hydrophiid venom failed to induce aggregation of the fresh platelets, however upon addition of normal plasma gross aggregation and degranulation was demonstrated. Aggregation of fixed platelets was negligible in the presence of the majority of elapid and the hydrophiid venoms. The crotalid venoms however did induce aggregation, although to a lesser extent than with the fresh platelets.The elapid venoms, along with the others studied, required metabolically active platelets to exert their maximal effect. Crotalid and hydrophiid venoms were more active against platelets than the elapid venoms. The hydrophiid venom’s action on platelets was unique in that a plasma co-factor appeared to be required and this is the subject of further investigations.

India and many other countries like UK, Australia, Canada follow the ‘common law system’ which gives substantial importance to prior related cases in determining the outcome of the current case. Better similarity methods can help in finding earlier similar cases, which can help lawyers searching for precedents. Prior approaches in computing similarity of legal judgements use a basic representation which is either abag-of-words or dense embedding which is learned by only using the words present in the document. They, however, either neglect or do not emphasize the vital ‘legal’ information in the judgements, e.g. citations to prior cases, act and article numbers or names etc. In this paper, we propose a novel approach to learn the embeddings of legal documents using the citationnetwork of documents. Experimental results demonstrate that the learned embedding is at par with the state-of-the-art methods for document similarity on a standard legal dataset.

COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.

It is well recognized that there is a link between psychopathy, violent behaviour, and crime. Psychopathy is a personality construct typically related to deficits in interpersonal (e.g., manipulative, selfish), emotional (e.g., callous-unemotional) functioning, and social deviance with developmental origins. Characteristics associated with adult antisocial behaviour have been identified in children and adolescents. A large number of studies have provided empirical pieces of evidence. Despite researchers agreeing with the most essential components of psychopathy such as agreeableness, conscientiousness, fearlessness, or dominance, there has been some debate in certain areas. The existing literature on the construct of juvenile psychopathy shows that most youths start manifesting antisocial acts in their early life. The focus of this study was to present the role of psychopathic traits in juveniles and connect it to law enforcement, criminal law, child and adolescent psychiatry, and other forensic sciences (criminology, criminal psychology). Juvenile psychopathy is a subgroup of antisocial youth, and their identification is very important because of preventative measures, law enforcement, and more. Youth with high psychopathic traits establish their antisocial career early on. They are aggressive to people and animals, in most cases destroy others’ property, lie, deceive, thieve and commit other serious violent behaviours (not respecting rules). Ultimately, the recognition of such factors has a predictive value not only from the point of view of child and adolescent psychiatry but also from the point of view of law enforcement and forensic psychology, as they can be applied in crime prevention. Keywords: Child and Adolescent Psychiatry, Mental disorders, Fearless Dominance, Agreeableness, Callous/unemotional

In the regulation of the current Romanian Code of Criminal Procedure (Law no. 135/2010, entered into force on February 1, 2014), the contestation regarding the duration of the criminal trial was conceived as a procedural remedy in the case of the lack of celerity of the judicial bodies. The lack of promptness of the criminal investigation bodies can lead to the violation of the fundamental right to resolve the case within a reasonable term, as a component of the right to a fair trial, enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms (art. 6 par. 1). Starting from a recent decision of the supreme court in Romania (Decision of the High Court of Cassation and Justice no. 7/2022) pronounced in the resolution of a recourse in the interest of the law, the present work addresses the issue of the admissibility of the contestation regarding the duration of the criminal trial in the case of facts whose authors have not been identified. In this study, the following research methods are used: documentation, interpretation and scientific analysis (including the comparative analysis of some jurisprudential solutions). The study aims to contribute to the unified interpretation and application of the provisions relating to the special procedure of contestation regarding the duration of the criminal trial, as currently regulated in the Romanian Code of Criminal Procedure. The paper emphasizes the need to exercise the active role of the criminal investigation bodies in the administration of evidence, including in cases with unknown authors. The conclusion is that, considering the hierarchy of normative acts, the application of methodological norms (with lower legal force than the law) regarding the administrative organization of criminal investigation activities in cases with unidentified perpetrators cannot have the effect of diminishing the role of the contestation regarding the duration of the criminal trial, as a remedy in speeding up the procedure, when the judge of rights and freedoms finds that the reasonable duration of these activities has been exceeded.

Background Lung cancer is the number one cause of cancer death worldwide.(1) It is the fifth most commonly diagnosed cancer in Australia (12,741 cases diagnosed in 2018) and the leading cause of cancer death.(2) The number of years of potential life lost to lung cancer in Australia is estimated to be 58,450, similar to that of colorectal and breast cancer combined.(3) While tobacco control strategies are most effective for disease prevention in the general population, early detection via low dose computed tomography (LDCT) screening in high-risk populations is a viable option for detecting asymptomatic disease in current (13%) and former (24%) Australian smokers.(4) The purpose of this Evidence Check review is to identify and analyse existing and emerging evidence for LDCT lung cancer screening in high-risk individuals to guide future program and policy planning. Evidence Check questions This review aimed to address the following questions: 1. What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? 2. What is the evidence of potential harms from lung cancer screening for higher-risk individuals? 3. What are the main components of recent major lung cancer screening programs or trials? 4. What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Summary of methods The authors searched the peer-reviewed literature across three databases (MEDLINE, PsycINFO and Embase) for existing systematic reviews and original studies published between 1 January 2009 and 8 August 2019. Fifteen systematic reviews (of which 8 were contemporary) and 64 original publications met the inclusion criteria set across the four questions. Key findings Question 1: What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? There is sufficient evidence from systematic reviews and meta-analyses of combined (pooled) data from screening trials (of high-risk individuals) to indicate that LDCT examination is clinically effective in reducing lung cancer mortality. In 2011, the landmark National Lung Cancer Screening Trial (NLST, a large-scale randomised controlled trial [RCT] conducted in the US) reported a 20% (95% CI 6.8% – 26.7%; P=0.004) relative reduction in mortality among long-term heavy smokers over three rounds of annual screening. High-risk eligibility criteria was defined as people aged 55–74 years with a smoking history of ≥30 pack-years (years in which a smoker has consumed 20-plus cigarettes each day) and, for former smokers, ≥30 pack-years and have quit within the past 15 years.(5) All-cause mortality was reduced by 6.7% (95% CI, 1.2% – 13.6%; P=0.02). Initial data from the second landmark RCT, the NEderlands-Leuvens Longkanker Screenings ONderzoek (known as the NELSON trial), have found an even greater reduction of 26% (95% CI, 9% – 41%) in lung cancer mortality, with full trial results yet to be published.(6, 7) Pooled analyses, including several smaller-scale European LDCT screening trials insufficiently powered in their own right, collectively demonstrate a statistically significant reduction in lung cancer mortality (RR 0.82, 95% CI 0.73–0.91).(8) Despite the reduction in all-cause mortality found in the NLST, pooled analyses of seven trials found no statistically significant difference in all-cause mortality (RR 0.95, 95% CI 0.90–1.00).(8) However, cancer-specific mortality is currently the most relevant outcome in cancer screening trials. These seven trials demonstrated a significantly greater proportion of early stage cancers in LDCT groups compared with controls (RR 2.08, 95% CI 1.43–3.03). Thus, when considering results across mortality outcomes and early stage cancers diagnosed, LDCT screening is considered to be clinically effective. Question 2: What is the evidence of potential harms from lung cancer screening for higher-risk individuals? The harms of LDCT lung cancer screening include false positive tests and the consequences of unnecessary invasive follow-up procedures for conditions that are eventually diagnosed as benign. While LDCT screening leads to an increased frequency of invasive procedures, it does not result in greater mortality soon after an invasive procedure (in trial settings when compared with the control arm).(8) Overdiagnosis, exposure to radiation, psychological distress and an impact on quality of life are other known harms. Systematic review evidence indicates the benefits of LDCT screening are likely to outweigh the harms. The potential harms are likely to be reduced as refinements are made to LDCT screening protocols through: i) the application of risk predication models (e.g. the PLCOm2012), which enable a more accurate selection of the high-risk population through the use of specific criteria (beyond age and smoking history); ii) the use of nodule management algorithms (e.g. Lung-RADS, PanCan), which assist in the diagnostic evaluation of screen-detected nodules and cancers (e.g. more precise volumetric assessment of nodules); and, iii) more judicious selection of patients for invasive procedures. Recent evidence suggests a positive LDCT result may transiently increase psychological distress but does not have long-term adverse effects on psychological distress or health-related quality of life (HRQoL). With regards to smoking cessation, there is no evidence to suggest screening participation invokes a false sense of assurance in smokers, nor a reduction in motivation to quit. The NELSON and Danish trials found no difference in smoking cessation rates between LDCT screening and control groups. Higher net cessation rates, compared with general population, suggest those who participate in screening trials may already be motivated to quit. Question 3: What are the main components of recent major lung cancer screening programs or trials? There are no systematic reviews that capture the main components of recent major lung cancer screening trials and programs. We extracted evidence from original studies and clinical guidance documents and organised this into key groups to form a concise set of components for potential implementation of a national lung cancer screening program in Australia: 1. Identifying the high-risk population: recruitment, eligibility, selection and referral 2. Educating the public, people at high risk and healthcare providers; this includes creating awareness of lung cancer, the benefits and harms of LDCT screening, and shared decision-making 3. Components necessary for health services to deliver a screening program: a. Planning phase: e.g. human resources to coordinate the program, electronic data systems that integrate medical records information and link to an established national registry b. Implementation phase: e.g. human and technological resources required to conduct LDCT examinations, interpretation of reports and communication of results to participants c. Monitoring and evaluation phase: e.g. monitoring outcomes across patients, radiological reporting, compliance with established standards and a quality assurance program 4. Data reporting and research, e.g. audit and feedback to multidisciplinary teams, reporting outcomes to enhance international research into LDCT screening 5. Incorporation of smoking cessation interventions, e.g. specific programs designed for LDCT screening or referral to existing community or hospital-based services that deliver cessation interventions. Most original studies are single-institution evaluations that contain descriptive data about the processes required to establish and implement a high-risk population-based screening program. Across all studies there is a consistent message as to the challenges and complexities of establishing LDCT screening programs to attract people at high risk who will receive the greatest benefits from participation. With regards to smoking cessation, evidence from one systematic review indicates the optimal strategy for incorporating smoking cessation interventions into a LDCT screening program is unclear. There is widespread agreement that LDCT screening attendance presents a ‘teachable moment’ for cessation advice, especially among those people who receive a positive scan result. Smoking cessation is an area of significant research investment; for instance, eight US-based clinical trials are now underway that aim to address how best to design and deliver cessation programs within large-scale LDCT screening programs.(9) Question 4: What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Assessing the value or cost-effectiveness of LDCT screening involves a complex interplay of factors including data on effectiveness and costs, and institutional context. A key input is data about the effectiveness of potential and current screening programs with respect to case detection, and the likely outcomes of treating those cases sooner (in the presence of LDCT screening) as opposed to later (in the absence of LDCT screening). Evidence about the cost-effectiveness of LDCT screening programs has been summarised in two systematic reviews. We identified a further 13 studies—five modelling studies, one discrete choice experiment and seven articles—that used a variety of methods to assess cost-effectiveness. Three modelling studies indicated LDCT screening was cost-effective in the settings of the US and Europe. Two studies—one from Australia and one from New Zealand—reported LDCT screening would not be cost-effective using NLST-like protocols. We anticipate that, following the full publication of the NELSON trial, cost-effectiveness studies will likely be updated with new data that reduce uncertainty about factors that influence modelling outcomes, including the findings of indeterminate nodules. Gaps in the evidence There is a large and accessible body of evidence as to the effectiveness (Q1) and harms (Q2) of LDCT screening for lung cancer. Nevertheless, there are significant gaps in the evidence about the program components that are required to implement an effective LDCT screening program (Q3). Questions about LDCT screening acceptability and feasibility were not explicitly included in the scope. However, as the evidence is based primarily on US programs and UK pilot studies, the relevance to the local setting requires careful consideration. The Queensland Lung Cancer Screening Study provides feasibility data about clinical aspects of LDCT screening but little about program design. The International Lung Screening Trial is still in the recruitment phase and findings are not yet available for inclusion in this Evidence Check. The Australian Population Based Screening Framework was developed to “inform decision-makers on the key issues to be considered when assessing potential screening programs in Australia”.(10) As the Framework is specific to population-based, rather than high-risk, screening programs, there is a lack of clarity about transferability of criteria. However, the Framework criteria do stipulate that a screening program must be acceptable to “important subgroups such as target participants who are from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander people, people from disadvantaged groups and people with a disability”.(10) An extensive search of the literature highlighted that there is very little information about the acceptability of LDCT screening to these population groups in Australia. Yet they are part of the high-risk population.(10) There are also considerable gaps in the evidence about the cost-effectiveness of LDCT screening in different settings, including Australia. The evidence base in this area is rapidly evolving and is likely to include new data from the NELSON trial and incorporate data about the costs of targeted- and immuno-therapies as these treatments become more widely available in Australia.

This paper presents some initial lessons learned about the use of case studies as a key form of evidence regarding teaching quality and student learning in a multi-year teacher development study series. This study series, commissioned by the Australian Government’s Department of Foreign Affairs and Trade (DFAT), involves the investigation of teacher development initiatives in Lao People’s Democratic Republic (Laos), Timor-Leste and Vanuatu. The overall aim of the study series is to understand the extent to which the Australian investment has improved teaching quality and student learning. This paper discusses the processes used to design, implement, analyse and report case study data, and key lessons learned about these that could be applied to other contexts and programs. These processes include: design, implementation, and analysis and reporting.

Terrorist attacks using explosives and CBRN (Chemical, Biological, Radiological and Nuclear) materials have been present throughout history. While the frequency of CBRN terrorist attacks is relatively low compared to those with explosives and other types of weapons, it is crucial to treat the efforts of both terrorist organizations and individuals with appropriate gravity in order to avert catastrophic consequences. Identifying warning signs that indicate criminal behaviour is crucial for preventing planned crimes or terrorist attacks, and there is a need for more precise coverage of potential risk indicators related to CBRN and explosive crimes. This research aimed at examining and scrutinizing possible warning signs associated with planning and conducting terrorist attacks using CBRN and explosive materials. The research was implemented in three phases. First, comprise the systematic literature review. In the second phase, the case studies and CCTV records from past cases from Europe, USA, Australia and Asia were analysed and the aim was to create a list of risk indicators and categories for future reference by developing a methodological tool. The last phase represented a survey in which the practitioners from European Law enforcement and Intelligence Agencies critically assessed the list of risk indicators and their categories created based on the previous two steps of the research. The last goal was to gain the agreement and endorsement of law enforcement officials from different European nations regarding the validity and importance of recognized risk indicators and their categories, as well as their ranking for use in operational tasks, investigations, and training. The majority of the respondents found the identified categories and risk indicators as reliable and relevant for their operational activities and investigations. For the second research question, the survey results prioritized categories of risk indicators that are most suitable for the detection tactics of investigators and intelligence officers. The third research question examined the ease of observing identified risk indicators, with the category of technological detection/air sampling alarm risk indicators ranking as the easiest to detect. Finally, the survey found that the identified risk indicators are useful for training activities of security entities. Several final comments and recommendations from participants were also discussed, emphasizing the importance of considering multiple factors when identifying risk indicators and the value of the comprehensive list of identified risk indicators. The publication also examines some terrorist theories, the advantages, limitations, and the ongoing debate surrounding the use of profiling in protective security.

Economic sanctions are associated with a range of adverse effects, with variable levels of supporting evidence for different kinds of negative consequences. It is frequently challenging to demarcate the boundary between the intended and unintended consequences of sanctions. This rapid review is based on an assessment of 75 separate articles or reports. It found that sanctions apply pressure on targeted states by inflicting economic damage, but the economic disruption is frequently broader than intended with economic damage not being restricted to targeted states. With sections possibly having a negative humanitarian impact, declining health outcomes, increasing the possibility of conflict, terrorism, and undermine the rule of law in targeted states. It also finds that the impact of sanctions on democratisation and respect for human and economic rights remains disputed. Despite the volume of studies published on this topic, there are weaknesses in the evidence base. Many – though not all – econometric studies do not distinguish sufficiently between different kinds of sanctions. As a result, sanctions regimes that may have quite different effects often lumped together, making it challenging to assess whether sanctions can be designed in a way that is likely to avoid specific kinds of adverse effects. In addition, on some important issues, there are major inconsistencies between the findings of different econometric studies. In some cases these inconsistencies are paired with technical debates around whether the methodologies employed on different studies adequately address issues related to the potential endogeneity between the decision to impose sanctions and trends in variables of interest.

This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing countries’ tax systems were facing several challenges, including weak tax administrations, low taxpayer morale and “hard-to-tax” sectors. The presence of informational asymmetry (i.e. low tax transparency) between taxpayers and tax authorities generates loopholes for abuse of the tax system. It allows the hiding of wealth abroad with a limited risk of being caught. Cases of such behaviour that are exposed without proper penalty may result in a decline in the morale of citizens and a lower level of voluntary compliance with tax legislation. A number of high-profile tax leaks and scandals have undermined public confidence in the fairness of tax systems and generated a strong demand for effective counteraction and tax transparency. One of the key contributing factors to lower tax revenues in developing countries (that is linked to low tax transparency) is a high level of IFFs. These flows, including international tax evasion and the laundering of corruption proceeds, build a major obstacle to successful DRM efforts. Research has also identified an association between organisational transparency (e.g. transparency by businesses and tax authorities) and stakeholder trust (e.g. between citizens and the state). However, the evidence is mixed as to how transparency in particular influences trust and perceptions of trustworthiness.