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Full-Text Articles in Law
Understanding The Dennis Ferguson Debate: Part 2, Jodie O'Leary
Understanding The Dennis Ferguson Debate: Part 2, Jodie O'Leary
Jodie O'Leary
Extract: Recently I received a cause invitation from an old school friend on Facebook. The cause was to support micro-chipping of all paedophiles. I rejected that invitation. All I could think of was the microchip embedded in my Labrador. The way I understand that chip to work is that if someone finds my dog wandering the streets they can take him to a vet or the RSPCA who will then scan the chip and return him to me. The obvious question seemed to be: how would such a measure help protect children? After all, protection of children is the goal …
Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary
Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary
Jodie O'Leary
Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury …