scholarly journals Judicial Responses to Alcohol-Fuelled Public Violence: The Loveridge Effect

2017 ◽  
Vol 6 (3) ◽  
pp. 123-146
Author(s):  
Julia Quilter

After the death of Thomas Kelly (2012) and Daniel Christie (2013) in Sydney, New South Wales (NSW), there was widespread discussion and concern over the problem of so-called one punch alcohol-fuelled violence. A ‘centre-piece’ of the NSW Government’s response was the enactment, in January 2014, of what is known colloquially as the ‘One Punch Law’: the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW), which includes a mandatory minimum sentence for assault causing death whilst intoxicated. This paper analyses the judicial response to one punch alcohol-fuelled violence, with a focus on the effect of the decision in R v Loveridge [2014] NSWCCA 120. I show that the judiciary has rejected the existence of a discrete category of ‘one punch’ manslaughters and, instead, has defined a category of alcohol-fuelled public violence for which there is a strong need for general deterrence. Based on an analysis of cases handed down since the NSW Court of Criminal Appeal’s 2014 decision, I show that the ‘Loveridge effect’ has been to significantly increase sentences in such matters.

1976 ◽  
Vol 27 (4) ◽  
pp. 551 ◽  
Author(s):  
RDJ Tilzey

The fish fauna of all major streams within the Lake Eucumbene catchment in south-eastern New South Wales was sampled by electrofishing or poisoning with rotenone. Galaxias coxii was found in only four, and G. olidus in only one other of the 27 streams sampled whereas the introduced salmonids (Salmo trutta or S. gairdneri, or both) occurred in all but the stream containing G. olidus. Values for galaxiid biomass were low in comparison with those for trout where both occurred together. Sampling in 1971 and 1974 in the one stream observed in 1971 to contain only G. olidus spanned an invasion by S. gairdneri and by 1974 the galaxiid species had completely disappeared below a natural barrier to trout, but above this barrier the biomass and population structure of G. olidus had not changed greatly compared to the 1971 values. This indicated that the presence of S. gairdneri was the sole environmental factor causing galaxiid disappearance below the barrier. Historical data for the catchment area suggested that the introduction and subsequent success of trout are primarily responsible for the present, much fragmented galaxiid distribution.


Two specimens of this curious animal, lately brought from New South Wales, the one male and the other female, and both full grown and perfect, having been submitted to the inspection and close examination of Mr. Home, by Sir Joseph Banks, this gentle­man has availed himself of the favourable opportunity to draw up the full account of all that is hitherto known concerning its habits, of its external appearance, and internal structure now before us. The animal has hitherto been only found in the fresh-water lakes, in the interior parts of the above-mentioned country. It does not swim upon the surface of the water, but comes up occasionally to breathe. It chiefly inhabits the banks of these lakes, and is supposed to feed in the muddy places which surround them; but the particular kind of food on which it subsists is not known.


1983 ◽  
Vol 31 (6) ◽  
pp. 881 ◽  
Author(s):  
TR Grant ◽  
M Griffiths ◽  
RMC Leckie

Female platypuses captured in waters of eastern New South Wales were found to be lactating between the months of October and March. Lactating females were most numerous in December, accounting for 64% of females captured. Non-lactating females were taken in all months, indicating that not all females breed successfully every year. There was no significant difference between the fatty acid complement of milk taken from a platypus lactating very late in the season and those of others sampled in December at the peak of the lactation season. Some evidence exists that females do not become reproductive until at least their second year of life. Some females were found lactating in consecutive years, and others lactated one year and not in the one following. Animals of over 9 years of age are known to breed. Most juveniles were captured in February, March and April, and it is suggested that the young leave the breeding burrows for the first time in late January through to March, and become independent from their mothers, who are ceasing lactation at that time.


Soil Research ◽  
1976 ◽  
Vol 14 (3) ◽  
pp. 305 ◽  
Author(s):  
PH Walker ◽  
RJ Coventry

Soil profile data from river terrace sequences on the New South Wales coast and southern highlands have been summarized. In all sequences the profiles have a progressive increase in soil development from low alluvial benches to flood plains to terraces. The general similarity of soils among these and other alluvial sequences in eastern New South Wales is the basis of a descriptive generalization in terms of five profile stages: stratic stage on low alluvial benches; cumulic stage on flood plains; low-contrast solum stage on low terraces; high-contrast solum stage on high terraces; extended subsolum stage on highest terraces. Sufficient lack of correlation occurs between sequences to suggest that the profile stages are groupings within a continuous spectrum of profile variation, the whole representing the one pedogenetic pathway. Pedogenesis in these alluvial landscapes is considered to progress through the development, first of a biotic profile which reaches a maximum within 1000 years, which is then degraded with the onset of mineral weathering and B horizon development, to a maximum solum form within 30 000 years. The rates of change of biotic and mineral profile components are sufficiently slow that only broad limits of confidence can be applied to soil stratigraphic correlations based on field morphology alone.


2013 ◽  
Vol 11 (1) ◽  
pp. 89-91
Author(s):  
Deborah Rose ◽  
Peter Read

We have been talking together about concepts of place for many years, and both jointly and separately we have come up against many horrific facts of damage, trauma, loss and irretrievable devastation. Debbie encountered this first and foremost in her work with Aboriginal Australians: What happens when sacred sites are destroyed? What are the effects of being dispossessed and having one’s own existence denied? What are the consequences of extinction when the extinct ones are kin—members of the one totemic family? Debbie’s engagements with ecological loss pressed her to consider extinctions and then to think of life itself in the context of desecration. Pete encountered these facts in his wide-ranging work with loss of place: What is the impact of destroyed homes and lost country? How do people engage with deliberate erasure of the sacred in recent war zones, with the vandalised cemeteries in Havana, or with a church in New South Wales where a black mass was conducted?


2020 ◽  
Vol 27 (2) ◽  
pp. 49-62
Author(s):  
Deane Fergie ◽  
Rod Lucas ◽  
Morgan Harrington

This article eschews the singularity of much disaster, crisis and catastrophe research to focus on the complex dynamics of convergent crises. It examines the prolonged crises of a summer of bushfire and COVID-19 which converged in Eurobodalla Shire on the south coast of New South Wales (NSW), Australia, in 2019–2020. We focus on air and breathing on the one hand and kinship and the social organisation of survival and recovery on the other. During Australia’s summer of bushfires, thick smoke rendered air, airways and breathing a challenge, leaving people open to reflection as well as to struggle. Bushfire smoke created ‘aware breathers’. It was aware breathers who were then to experience the invisible and separating threat of COVID-19. These convergent crises impacted the ‘mutuality of being’ of kinship (after Marshall Sahlins) and the social organisation of survival. Whereas the bushfires in Eurobodalla drew on grandparent-families in survival, the social distancing and lockdown of COVID-19 has cleaved these multi-household families asunder, at least for now. COVID-19 has also made plain how the mingling of breath is a new index of intimacy.


1987 ◽  
Vol 33 (114) ◽  
pp. 231-235
Author(s):  
Maxwell R. Banks ◽  
Eric A. Colhoun ◽  
David Hannan

AbstractThe effects of past glaciation in what is now Australian territory were first recognized on Macquarie Island, probably by David Ramsay, in 1821. The recognition by Darwin in 1836, and reporting by Milligan in 1848 of ice-transported pebbles and boulders in late Palaeozoic marine rocks in Tasmania, showed on the one hand participation in and on the other familiarity with the controversy in Great Britain at that time on the origin of erratics and drift currents. Reports by Clarke (1852), Daintree in 1859, Selwyn (1860), and Gould (1860) of the effects of land ice on Mount Koscuisko (New South Wales), Bacchus Marsh (Victoria), Inman Valley (South Australia), and the Central Highlands (Tasmania), respectively, reflect the increasing recognition in Great Britain of the erosional and depositional effects of glaciers. Daintree, Selwyn, and Gould were all closely connected with A.C. Ramsay, the main British protagonist of the glacial theory at the time, whereas David Ramsay and Milligan were probably influenced by Robert Jameson of Edinburgh.


1987 ◽  
Vol 33 (114) ◽  
pp. 231-235 ◽  
Author(s):  
Maxwell R. Banks ◽  
Eric A. Colhoun ◽  
David Hannan

Abstract The effects of past glaciation in what is now Australian territory were first recognized on Macquarie Island, probably by David Ramsay, in 1821. The recognition by Darwin in 1836, and reporting by Milligan in 1848 of ice-transported pebbles and boulders in late Palaeozoic marine rocks in Tasmania, showed on the one hand participation in and on the other familiarity with the controversy in Great Britain at that time on the origin of erratics and drift currents. Reports by Clarke (1852), Daintree in 1859, Selwyn (1860), and Gould (1860) of the effects of land ice on Mount Koscuisko (New South Wales), Bacchus Marsh (Victoria), Inman Valley (South Australia), and the Central Highlands (Tasmania), respectively, reflect the increasing recognition in Great Britain of the erosional and depositional effects of glaciers. Daintree, Selwyn, and Gould were all closely connected with A.C. Ramsay, the main British protagonist of the glacial theory at the time, whereas David Ramsay and Milligan were probably influenced by Robert Jameson of Edinburgh.


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