scholarly journals A Critical Analysis of Post-Conviction Review in New South Wales, Australia

2021 ◽  
Vol 2 (3) ◽  
pp. 305-347
Author(s):  
Rhanee Rego

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.

Zootaxa ◽  
2019 ◽  
Vol 4604 (3) ◽  
pp. 575 ◽  
Author(s):  
HUGH D. JONES

Black terrestrial planarians, 5 mm to 3 cm long, have been found in five locations in the United Kingdom, the earliest in 2015. They are identified as Australopacifica atrata (Steel, 1897), a species originally described from New South Wales, Australia. A detailed systematic discussion of original and later descriptions, all of which are of external features only and with no morphological details, is given in support of this identification. Sectioned specimens show partly mature ovaries and ventral testes though none show any development of the copulatory apparatus. They reproduce freely by fission. They appear to be generalist scavengers, having been found feeding on a dead slow worm, a dead mouse, an earthworm and also on rotten fruit. In captivity they feed on chicken liver, squashed slugs and earthworms. It is assumed that they have been inadvertently introduced to the UK and distributed through horticultural activity. 


Proceedings ◽  
2021 ◽  
Vol 77 (1) ◽  
pp. 20
Author(s):  
Adrian Cherney

In recent years, there has been a proliferation of programs aimed at preventing radicalization and disengaging known violent extremists. Some programs have targeted individuals through the use of case management approaches and the development of individual intervention plans (e.g., the Desistance and Disengagement Program and the Channel program in the UK; the Australian New South Wales Corrections Proactive Integrated Support Model—PRISM—and state-based division initiatives in Australia). There is a broad consensus in the literature that the evaluation of such initiatives has been neglected. However, the evaluation of case-managed interventions to counter violent extremism (CVE) is challenging. They can have small caseloads which makes it difficult to have any comparison or control group. Client participation can vary over time, with no single intervention plan being alike. This can make it hard to untangle the relative influence of different components of the intervention on indicators of radicalization and disengagement. In this presentation, results from primary research that set out to evaluate case-managed CVE interventions in Australia and develop evaluation metrics are presented. This research involves the examination of interventions implemented by New South Wales corrections and state police. The effectiveness of these interventions was assessed against a five-point metric of client change. Client change overtime was analyzed using case note information collected by the various interventions on client participation. Results show that client change is not a linear process and that the longer an individual is engaged in a case-managed intervention, the more likely they are to demonstrate change relating to disengagement. Specific case studies are used to illustrate trajectories and turning points related to radicalization and to highlight the role of case-managed interventions in facilitating disengagement. Key elements of effective interventions include the provision of ongoing informal support. Investment in capturing case note information should be a priority of intervention providers. Different challenges confronted by case-managed CVE interventions are highlighted.


1991 ◽  
Vol 18 (4) ◽  
pp. 331-340 ◽  
Author(s):  
Geoffrey Charles Wescott

Australia possesses a distinctive national parks and conservation reserves system, in which it is the State Governments rather than the Federal Government which owns, plans, and manages, national parks and other conservation reserves.Most Australian States declared their first national parks in the latter quarter of last century, Australia's first national park being declared in New South Wales in March 1879. These critical declarations were followed by a slow accumulation of parks and reserves through to 1968. The pace of acquisition then quickened dramatically with an eight-fold expansion in the total area of national parks between 1968 and 1990, at an average rate of over 750,000 ha per annum. The present Australian system contains 530 national parks covering 20.18 million hectares or 2.6% of the land-mass. A further 28.3 million hectares is protected in other parks and conservation reserves. In terms of the percentage of their land-mass now in national parks, the leading States are Tasmania (12.8%) and Victoria (10.0%), with Western Australia (1.9%) and Queensland (2.1%) trailing far behind, and New South Wales (3.92%) and South Australia (3.1%) lying between.The Australian system is also compared with the Canadian and USA systems. All three are countries of widely comparable cultures that have national parks covering similar percentage areas, but Canada and the USA have far fewer national parks than Australia and they are in general of much greater size. In addition, Canada and the USA ‘resource’ these parks far better than the Australians do theirs. The paper concludes that Australia needs to rationalize its current system by introducing direct funding, by the Federal Government, of national park management, and duly examining the whole system of reserves from a national rather than States' viewpoint.


Viruses ◽  
2021 ◽  
Vol 13 (11) ◽  
pp. 2185
Author(s):  
Azizur Rahman ◽  
Md Abdul Kuddus ◽  
Ryan H. L. Ip ◽  
Michael Bewong

At the end of December 2019, an outbreak of COVID-19 occurred in Wuhan city, China. Modelling plays a crucial role in developing a strategy to prevent a disease outbreak from spreading around the globe. Models have contributed to the perspicacity of epidemiological variations between and within nations and the planning of desired control strategies. In this paper, a literature review was conducted to summarise knowledge about COVID-19 disease modelling in three countries—China, the UK and Australia—to develop a robust research framework for the regional areas that are urban and rural health districts of New South Wales, Australia. In different aspects of modelling, summarising disease and intervention strategies can help policymakers control the outbreak of COVID-19 and may motivate modelling disease-related research at a finer level of regional geospatial scales in the future.


1959 ◽  
Vol 10 (5) ◽  
pp. 749 ◽  
Author(s):  
JSF Barker ◽  
DH Allingham

Australia has been divided into 13 climatic regions. One hundred heifers and 50 bulls were taken at random for each region, their two-generation pedigrees traced, and the origin of each ancestor noted. Immigration is higher for the male sample than for the female. The genetic replacements (percentage of genes brought into the region during one generation) are 34.7 and 24.1 per cent. respectively. The replacement indices (percentage of each type of ancestor bred in a different region) are 53.3 and 38.1 for sires of the male and female samples respectively and 16.0 and 10.1 for dams, which indicates that migration is higher for sires than for dams. Regions 3 (semi-coastal Queensland), 7 (central coast, New South Wales), and 10 (Gippsland, Victoria) are the main breeding regions. Regions 11 (southwestern Victoria and South Australia), 12 (Tasmania), and 13 (Western Australia) have low immigration rates and are consequently semi-isolated from the rest of the breed. Within these semi-isolated regions, however, movement is highest. Further, although there is considerable migration between the four regions of Queensland (regions 1-4), the Queensland group is semi-isolated from the rest of the breed. Between region migration is mainly between adjacent regions, with some migration into all regions from the main breeding regions. All regions export and import bulls except region 12 (Tasmania,) and region 13 (Western Australia). The number of Breeders' Herds (herds supplying sires to other pedigree herds) is mainly a function of the number of herds within a region. The migration rate in the Australian Jersey appears to be considerably less than in Friesians, Shorthorns, or Ayrshires in the United Kingdom. Since most migration is between adjacent regions, this low rate of migration and geographic isolation together favour the development of semi-isolated and therefore possibly locally adapted strains. It is suggested that this pattern should he maintained until the importance of genotype-environment interactions is determined.


2014 ◽  
Vol 19 (2) ◽  
pp. 311
Author(s):  
Ashley Cameron

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.


2020 ◽  
Author(s):  
Roland L. Salmon ◽  
Stephen P. Monaghan

Abstract Background: Covid 19 is pandemic in the UK. To date only studies in the UK on hospital deaths have been published in the peer reviewed literature. Legal requirements for cremation in England and Wales require the collection of information that can be used to improve understanding of Covid 19 deaths in both hospital and community settings. Aim: To document demographic and clinical characteristics, including likely place of infection, of individuals dying of Covid 19 to inform public health policy Design: A comprehensive case series of deaths from Covid 19 between 6 April and 30 May. Setting: A crematorium in South Wales Participants: Individuals for whom an application was made for cremation. Main outcome measures: Age, sex, date and place of death, occupation, comorbidities, where infection acquired. Results: Of 752 cremations, 215(28.6%) were Covid-19 of which 115 (53.5%) were male and 100 (46.5%) female. The median age was 82 years, with the youngest patient being 47 years and the oldest 103 years. Over half the deaths (121/215: 56.3%) were over 80 years. Males odds of dying in hospital, rather than the community were 1.96 times that of females (95% Confidence Intervals (CI) 1.03 -3.74, p=0.054) despite being of similar age and having a similar number of comorbidities. Only 21(9.8%) of 215 patients had no comorbidities recorded. Patients dying in nursing homes were significantly older than those dying in hospital(median 88y (IQ range 82-93y) v 80y (IQ range 71-87y): p<0.0001). Patients dying in hospital had significantly more comorbidities than those dying in nursing homes (median 2: IQ range 1-3 v. 1: IQ range 1-2: p <0.001). Conclusions: In a representative series, comprising both hospital and community deaths, persons over 80 with an average 2 comorbidities predominated. Although men and women were represented in similar proportions, men were more likely to die in hospital. Over half the infections were acquired in either hospitals or nursing and residential homes with implications for the management of the pandemic, historically and in the future.


2013 ◽  
Vol 02 (02) ◽  
pp. 69-71
Author(s):  
A. M. Hopkins

The Australian Astronomical Observatory (AAO) is a Division of the Australian Federal Government's Department of Innovation, Industry, Science, Research and Tertiary Education (DIISRTE). The AAO operates the Anglo-Australian Telescope (AAT) and the United Kingdom Schmidt Telescope (UKST) at Siding Spring Observatory, near Coonabarabran in north-western New South Wales. The AAO also hosts the Australian Gemini Office (AusGO) , which manages the allocation of time to Australian astronomers on the Gemini telescopes, as well as on Keck, Subaru and Magellan, through time-sharing or purchase agreements. The AAO's primary telescope facility, the AAT, is described here, with emphasis on its availability for international observers through our regular calls for proposals.


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