Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Not For Punishment: We Need To Understand Bail, Not Review It, Julia Quilter
Not For Punishment: We Need To Understand Bail, Not Review It, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
Courts make hundreds of bail decisions every week but we rarely hear about them. In the past month in New South Wales, however, we have heard much about three high-profile decisions granting bail to: Steven Fesus, accused of murdering his wife 17 years ago; Hassan “Sam” Ibrahim, charged with selling illegal firearms across western Sydney (bail was revoked on appeal); and Mahmoud Hawi, charged with the murder of Peter Zervas during a brawl at Sydney Airport in 2009.
Each was granted bail under the Bail Act 2013, which came into force on May 20 this year. The allegations these men …
Speaking Too Soon: The Sabotage Of Bail Reform In New South Wales, D. Brown, Julia Quilter
Speaking Too Soon: The Sabotage Of Bail Reform In New South Wales, D. Brown, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
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 …