Diminished responsibility determinations in England and Wales and New South Wales: whose role is it anyway?

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Thomas Crofts ◽  
Nicola Wake
Keyword(s):  
Significant Role ◽  
Medical Condition ◽  
New South ◽  
New South Wales ◽  
England And Wales ◽  
Respective Role ◽  
South Wales ◽  
Real Risk ◽  
Role Confusion

A decade has passed since changes to the Homicide Act 1957, section 2 (under section 52 of the Coroners and Justice Act 2009) were implemented. The issues that have arisen since implementation have resulted in significant role confusion in the operation of the partial defence, with the real risk of inconsistent outcomes in practice. The article argues that medicalisation of the partial defence in England and Wales has impacted the role of parties in reaching plea agreements pre-trial, rendered the delineation between legal and medical questions regarding the recognised medical condition requisite unclear and produced significant role confusion between medical experts and jurors in assessing the partial defence. The position stands in stark contrast to the approach under the Crimes Act 1900 (New South Wales) section 23A, where the legislation explicitly outlines the respective role of the medical experts and jurors and prohibits experts from commenting on whether murder ought to be reduced to manslaughter in such cases.

scholarly journals The 10 Lords of the Universe respond to Lim

1997 ◽  
Vol 3 (4) ◽  
pp. 319 ◽  
Author(s):  
Paul Adam ◽  
Tony Auld ◽  
Doug Benson ◽  
Peter Catling ◽  
Chris Dickman ◽  
...  
Keyword(s):  
Threatened Species ◽  
New South ◽  
New South Wales ◽  
Species Conservation ◽  
Scientific Committee ◽  
South Wales ◽  
The Universe

Lim (1997) has recently presented a critique of aspects of the New South Wales Threatened Species Conservation Act (TSCA), and in particular of the role of the Scientific Committee established by the Act.

Fleets of Fodder: The Ecological Orchestration of Agrarian Improvement in New South Wales and the Cape of Good Hope, 1780–1830

2017 ◽  
Vol 56 (3) ◽  
pp. 532-556 ◽  
Author(s):  
Maura Capps
Keyword(s):  
New South ◽  
New South Wales ◽  
Cape Of Good Hope ◽  
Agricultural Revolution ◽  
South Wales ◽  
Early Colonial ◽  
Fodder Crops ◽  
Independent Process ◽  
Imperial State

AbstractThis article challenges the dominant historical paradigms used to analyze imperial plant and animal transfers by examining the role of fodder crops in early colonial development in New South Wales and the Cape of Good Hope. In Alfred Crosby's enduring formulation of ecological imperialism—that is, the ecological transformation of temperate colonies of settlement by European plants, animals, and pathogens—was a largely independent process. To Crosby's critics, his grand narrative fails to acknowledge the technocratic management of plant and animal transfers on the part of increasingly long-armed colonial states from the mid-nineteenth century. Yet neither approach can adequately explain the period between the decline of Britain's Atlantic empire in the 1780s and the rise of its global empire in the 1830s, a period dominated by an aggressive ethos of agrarian improvement but lacking the institutional teeth of a more evolved imperial state. Traveling fodder crops link these embryonic antipodean colonies to the luminaries of the Agricultural Revolution in Britain. The attempt to transfer fodder-centric mixed husbandry to these colonies points to an emerging coalition of imperial ambition and scientific expertise in the late eighteenth-century British Empire.

Retaining the Royal Prerogative of Mercy in New South Wales

2019 ◽  
Vol 42 (4) ◽  
Author(s):  
Catherine Dale Greentree
Keyword(s):  
New South ◽  
New South Wales ◽  
Executive Power ◽  
The Public ◽  
South Wales ◽  
Public Record ◽  
Conception Of The Good ◽  
Appeals Process ◽  
Considerable Doubt

This article argues that the prerogative of mercy should be retained in New South Wales as a necessary and appropriate power of the Executive. Historically, pardons have provided opportunities for redemption. Currently, the statutory appeals process is limited to cases involving a miscarriage of justice where there is considerable doubt as to a person’s guilt. In cases where a person is guilty but is nevertheless deserving of mercy, the prerogative of mercy is the only avenue available. As a purely executive power, the prerogative of mercy can achieve the aims of the criminal justice system by tempering justice with mercy. The role of the sovereign involves maintaining order, but also enacting some conception of the good, driven by compassion, love, and mercy. Finally, this article argues that grants of mercy should be a matter of public record, for transparency and as a means of demonstrating this compassion to the public.

Modelling the economic impact of environmental flows for regulated rivers in New South Wales, Australia

2003 ◽  
Vol 48 (7) ◽  
pp. 157-164
Author(s):  
R.T. Jayasuriya
Keyword(s):  
Economic Impact ◽  
Environmental Flows ◽  
New South ◽  
New South Wales ◽  
Water Source ◽  
Regulated Rivers ◽  
Community Based ◽  
South Wales ◽  
Groundwater Aquifers

The management of water resources across Australia is undergoing fundamental reform in line with the priorities identified by the Council of Australian Governments (COAG) in 1994. This includes reforms to the specification of property rights, the way the resource is shared between the environment, irrigators and other users, charges for water use and the operational management of the river systems. In New South Wales (NSW), a series of water sharing plans (WSPs) is being developed for each water source in the State including regulated rivers, unregulated rivers and groundwater aquifers. These plans, which are the mechanisms by which COAG reforms are being implemented, are being developed by community-based water management committees (WMCs). The role of the WMCs is to develop a plan that achieves a balance between environmental, economic and social outcomes. NSW Agriculture has assisted a number of WMCs by quantifying the economic impact of proposed WSP options on the irrigation community. This paper outlines the approach taken by NSW Agriculture to quantifying economic impacts on irrigators in regulated catchments and provides results of case studies in the Lachlan River Catchment which is heavily developed for irrigation.

The Role of the Editor in Australia

1975 ◽  
Vol 5 (3) ◽  
pp. 167-180
Author(s):  
Graham Williams
Keyword(s):  
New South ◽  
New South Wales ◽  
Instruction Manual ◽  
South Wales ◽  
Institute Of Technology

This article has been adapted by the author from a paper presented to the first technical communications seminar held at The New South Wales Institute of Technology in June 1974. Discussed are some elements and techniques of editing from the author's experiences as an editor in Australia and which may be applicable to other countries. Format, typography, printing, the duties of the editor, the instruction manual, and liaison are some of the topics discussed.

scholarly journals Implementing Sport, Physical Activity and Physical Education in New South Wales, Australia, primary schools

2018 ◽  
Vol 20 (1) ◽  
pp. 27
Author(s):  
John R. Evans ◽  
Christina Curry
Keyword(s):  
Physical Activity ◽  
Physical Education ◽  
Primary Schools ◽  
New South ◽  
New South Wales ◽  
Teaching Approach ◽  
Teaching Staff ◽  
South Wales

A renewed focus on Physical Education in New South Wales primary schools has the potential to act as an intervention that has positive long-term implications for the whole population. The introduction of physical education (PE) as part of the National Curriculum means the role of PE in Australian primary schools is now open for renewed attention. The rise of an international obesity epidemic means that that the role of PE in primary schools has the potential to make a positive impact on public health outcomes. There could be significant long term savings from well-organized PE programs in primary schools delivered by teaching staff educated in quality physical education. In addition there is also an historical and emerging body of research which links physical activity to academic performance. However not all teachers in primary schools have the skills or life experiences to effectively teach PE. In order to achieve these outcomes we posit that the use of a Game Centered Teaching approach and the use of an underlying pedagogy have the potential to provide more meaningful experiences for students and teachers. In order to implement a Game Centered Teaching approach we advocate the use of specialist PE teachers rather than outsourcing the delivery of PE in schools.

Sign in / Sign up

Export Citation Format

Share Document