DOCSLIB.ORG

VICTORIAN BAR NEWS Summer 2008 / 2009 1 VICTORIAN BAR COUNCIL VICTORIAN BAR NEWS

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
VICTORIAN BAR NEWS Summer 2008 / 2009 1 VICTORIAN BAR COUNCIL VICTORIAN BAR NEWS No. 146 SUMMER 2008 / 2009 Farewell Sir John Young WELCOMES CRIMINAL BAR ASSOCIATION DINNER PRO BONO AWARDS ISSN 0159-3285 BAR HOCKEY READERS’ COURSE REVISITED A BIT ABOUT WORDS WBA MEET AND GREET NATIONAL INDIGENOUS LEGAL CONFERENCE VICTORIAN BAR NEWS Summer 2008 / 2009 1 VICTORIAN BAR COUNCIL VICTORIAN BAR NEWS Bar Council Chairs of Standing Committees Editors Clerk of the Bar Gerard Nash QC, Paul Elliott QC G G John Digby QC* (Chairman) Applications Review Committee and Judy Benson G Michael J Colbran QC* (Senior Vice-Chairman) G Digby QC, G.J. Editorial Board D Mark K Moshinsky SC* (Junior Vice-Chairman) Clerking Committee Julian Burnside QC, Graeme Thompson D E William Alstergren* (Honorary Treasurer) G Colbran QC, M.J. D Jacob I Fajgenbaum QC* Editorial Secretary Council Committee L Phillip G Priest QC John Stevens G Colbran QC, M.J. H Timothy P Tobin SC Editorial Committee A Paul E Anastassiou SC Duty Barristers Scheme Committee Ian Freckelton SC, D Peter J Riordan SC D Alstergren, E.W. William F. Gillies, Carolyn Sparke, A Cameron C Macaulay SC Editorial Committee for In Brief and Georgina Schoff, Paul Duggan, Richard Brear, H Richard W McGarvie SC* Website News Section Carmela Ben-Simon, Catherine Button, D Scott W Stuckey (Assistant Honorary Treasurer) D McLeod SC, Ms F.M. Jennifer Digby, Noam Shifrin and G Sara L Hinchey* Equal Opportunity Committee Peter Lithgow (Book Reviews) F Matthew J Walsh D McLeod SC, Ms F.M. D Paul X Connor Design/production Ethics Committee F Kim J Knights Ron Hampton G Davies SC, J. G Kate J D Anderson* David Johns (Photography) B Michelle R Sharpe* Health and Wellbeing Committee Published by The Victorian Bar Inc. R Simon J Gannon L Priest QC, P. Owen Dixon Chambers F Benjamin J Murphy Human Rights Committee 205 William Street, Melbourne 3000. F Kim M Southey D Fajgenbaum QC, J.I. Registration No. A 0034304 S Indigenous Lawyers Committee *Executive Committee G Golvan SC, C.D. Opinons expressed are not necessarily those of the Bar Council or the Bar or Law Reform Committee of any person other than the author. Ethics Committee D Garde QC, AO, RFD, G. D Davies SC, J. (Chairman) Legal Assistance Committee Printed by Impact Printing C Meagher ED, QC, D.R. A Richards QC, A. 69 –79 Fallon Street, Brunswick Vic. 3056 G&J Willee RFD, QC, P.A. Legal Education and Training Continuing This publication may be cited as G&J Santamaria QC, J.G. Education Committee (2008/2009) 146 Vic B.N. D Titshall QC, M.R. D Ruskin QC, J. F Gobbo QC, J.H. Advertising A Manly SC, R.J. Legal Education and Training Readers’ Miriam Sved H McGarvie SC, R. Course Committee The Victorian Bar Inc. D Moshinsky, SC, M.K. B Hill QC, I.D. 205 William Street G&J Shwartz, A. New Barristers’ Standing Committee Melbourne 3000 P Williams, I.S. B Pitt, S.T. Telephone: (03) 9225 7943 D Kirton, C.E. Past Practising Chairmen’s Committee Fax: (03) 9225 6068 F Shiff, P.L. F Costigan QC, F.X. D Alstergren, E.W. Professional Standards Education Committee D Shaw, C.E. G&J Willee RFD, QC, P.A. Professional Standards Scheme Committee A Derham QC, D.M.B. Victorian Bar Dispute Resolution Committee S Heaton QC, M. 2 VICTORIAN BAR NEWS Summer 2008 / 2009 ISSN 0159-3285 No. 146 SUMMER 2008 / 2009 EDITORS’ BACKSHEET 22 John Mathew Edward Sutton 52 A bit about words 4 Farewell 23 Daniel Julius Pollak 53 Mo’ justis 55 WBA meet and greet CHAIRMAN’S OUTLOOK NEWS AND VIEWS 58 Measures adopted by the Bar to 7 Our strong Bar will face significant 24 Readers’ Course revisited assist parents challenges in 2009 29 Stolen 30 Announcement of Senior Counsel ATTORNEY-GENERAL’S COLUMN for 2008 10 Changing the court process SPORT 32 Readers’ Course photograph 59 Bar Hockey WELCOMES 34 National Indigenous Legal Conference 12 Master Simon Gardiner 36 Criminal Bar Association Dinner LAWYER’S BOOKSHELF 14 Judge Mark Taft 42 Verbatim 61 Book reviews 43 Pro Bono Awards OBITUARIES 46 Portrait of Sir Daryl Dawson 16 Farewell Sir John Young 51 Investment and superannuation 22 Philip Henry Napoleon Opas for barristers Cover: Portrait of Sir John Young Welcome: Master Welcome: Judge Criminal Bar Association Dinner National Indigenous Legal Conference Simon Gardiner Mark Taft Pro Bono Awards WBA meet and greet Bar Hockey VICTORIAN BAR NEWS Summer 2008 / 2009 3 EDITORS’ BACKSHEET Farewell COMMITTAL PROCEEDINGS is some mindless conglomerate quite sepa- rate from the 20 million Australians who On Saturday 15 November last year The live in this country. Alternatively those Age reported that the DPP was calling for who are charged with criminal offences the abolition of committal proceedings on are somehow outside the ambit of this the basis that they no longer serve their concept of ‘community’. original purpose and that they are, effec- To abolish the principle of double jeop- tively, a waste of money and resources. ardy would mean that any person who has It appears that the DPP considers at any time been charged with, and acquit- that the present procedure provides ted of, an offence would have the possibil- an ineffective filter in that only a small ity of conviction for that offence hanging number of committal proceedings do over him or her for the rest of his or her not result in committal for trial and, in life. It would mean that the Crown could any case, the DPP has power to present a have a ‘dry run’ trial to ascertain the ambit person for trial even though a magistrate The experience of those who rely on of the defence and the defence evidence has refused to commit. Since the filter, rainwater tanks is that if the filter is not and then run its real trial at a later time. therefore, only removes a small percentage working properly, the normal remedy is to Big brother is big enough already – in of persons charged from the flow of the replace it or fix it. Seldom is the removal fact too big. Every time our law reformers criminal process, it should be abolished. of the filter seen as the desirable remedy. refer to the interests of the community, at There appear to be three objections to If magistrates at committal proceedings least one of the editors sees, superimposed this proposal. are not adopting a sufficiently rigorous upon that reference, a fascist symbol. (i) It cuts across the accepted principle approach to the Crown case, if accused Where the law does not stand between that the accused should have an persons who should be discharged at com- governmental power and the individual, it opportunity to cross-examine Crown mittal are being committed for trial, the is left only with the function of enforcing witnesses before trial: see Barton v R remedy lies in a tightening of the legislative conformity, ensuring that the minority (1980) 147 CLR 75 at 105–106, the requirements for committal or a more lib- comply with the wishes of the majority and views in which are reflected, effec- eral exercise of the nolle prosequi power. settling arguments between individuals. It tively, in the ‘Basha’ inquiry and in would seem, this is where our ‘reformers’ the enactment of s.11 of the Crimes ABOLITION OF ‘DOUBLE JEOPARDY’ are heading. (Criminal Trials) Act 1999; (ii) It will by reason of the ‘Basha’ princi- At the same time as the DPP talks about abolishing committals, the Attorney is ple and the operation of s.11 add con- THE DUTY OF COUNSEL siderably to the work of trial courts making noises about abolishing the ‘double – in effect, it will remove the commit- jeopardy’ principle. While it cannot be disputed that counsel’s tal to the County Court or Supreme One has to ask why there is this thrust primary duty is his or her duty to the court Court; to abolish the rights of the individual. It is or that that duty must prevail over the duty (iii) It assumes that the cost, anxiety and all done, of course, in the interests either of to the client, matters recently raised in stress of individual accused, who efficiency or ‘protection of the community’. CLE lectures seem to suggest that case under the present system would be It would seem that in the eyes of those who management considerations should pre- discharged at committal, is of little or would ‘reform’ the law in this way the com- vail over the duty to the client. This may no importance. munity is not composed of individuals but be a mistaken impression, but if it is not, it 4 VICTORIAN BAR NEWS Summer 2008 / 2009 represents a very clear departure from the others who indicate that the thrust of Bar working with Peter Heerey has continued principles of adversarial litigation. News is anti-feminist. with Gerry. Cases do take too long, not only because In respect of the publication of a letter Finally Judy Benson was appointed untenable points may be taken, but also in a recent issue of Bar News, one of our third editor in 2000. Many thought that because of inefficiency in preparation and correspondents took us to task saying the appointment of a female editor would the inability of some advocates to argue ‘Even the Herald-Sun checks its facts cause some problems for two male editors concisely or limit examination or cross- before publishing’. somewhat set in their ways. But quite the examination to the matters in issue. This A driver who has in excess of 1,200 contrary.
Load more

Recommended publications
  • Making Law Accessible Contents
    VICTORIA LAW FOUNDATION ANNUAL REPORT 2006 Making Law Accessible Contents 3 OUR PROGRAM, OUR BOARD, OUR STAFF Foundation President, The Hon Chief Justice Marilyn Warren AC Executive Director, Professor Kathy Laster 8 GRANTS Small Grants 2005–06: From little things big things grow Project Grants 2005–06: Transforming ideas into solutions 14 ACCESS TO JUSTICE Law Week 2006: Engaging the community Law@Your Library: Information when and where you need it Russell Street Justice Museum: Bringing law to life 18 PUBLICATIONS Supporting our Grants Program But for the Foundation Coordinating legal sector publishing 20 SUPPORT FOR BEST PRACTICE Encouraging excellence Training and Capacity Building Coordination across the Legal Sector 25 FINANCIAL STATEMENTS Doing more with less GRANTS ACCESS TO JUSTICE G A S P SUPPORT FOR BEST PRACTICE PUBLICATIONS 2 Our Program Victoria Law Foundation Since its creation in 1967, the Foundation The Foundation fi lls GAPS in has established itself as a model existing services through four operates under its own Act community benefi t organisation with the of Parliament with a broad independence and organisational fl exibility key areas of activity: mandate to: necessary to meet the needs of a changing community. Its primary vision is to raise GRANTS: – promote and undertake community understanding of, and access We provide funding for, as well to, a better and more responsive justice community legal education system. as brokering, innovative law and and training, justice projects. To best achieve this, the Foundation – publish and communicate operates in a dynamic and holistic way, so that the results of its work are far ACCESS TO JUSTICE: legal information and ideas, greater than the sum of its resources.
    [Show full text]
  • September 2005
    THE GREEK AUSTRALIAN The oldest circulating Greek newspaper outside VEMA Greece MARCH 2015 Tel. (02) 9559 7022 Fax: (02) 9559 7033 E-mail: [email protected] DIGITAL MOSAIC Where the AncientDISCIPLINE Faith + IN 21st THE century HOME media merge SPEAKPAGE 16/34 Doxology Service for the commencement GREEK of the new academic year of St Andrew’s Theological College PAGE 3/21 IN MARCH The campaign kicked off to an impressive start Official Opening of the S.A. Greek Welfare The “Speak Greek in March” campaign kicked off to an impressive start on Sunday, Centre’s new premises March 1 in Aus tralia. The campaign aims to raise awareness among Greek Diaspora Amidst an air of excitement, His Grace Bish- members on the issue of Greek language which is slowly losing ground in the country. op Nikandros of Dorylaeon of ficially blessed and opened the South Aus tralian Greek Wel- FULL STORY ON PAGE 2/20 fare Centre’s new premises on Henley Beach Road, Torrensville, on 17 February 2015. PAGE 10/28 FIVE REASONS TO GO TO GREECE THIS SUMMER! 1 A guided tour has been worked out for you 5 Join travellers who are already booking from between June 4-20, 2015, so y ou don’t have to Melbourne, Perth, Cairns and from anywhere in think of or ganising your flight with Emir ates, Australia, with the choice of s taying overseas restaurants or hotels for 2 whole weeks. for up to 6 months on the same ticket. 2 Combine travel with spirituality and e duca- For a c opy of the brochure via emai l, or f or tion as you follow the Journe y of St P aul and further information, contact: visit Classical Greek sites with pr ofessional guides to explain everything in English.
    [Show full text]
  • Melbourne University Law Review August, 2006 Article *495 Defending the Unpopular Down-Under Abbe Smith [Fna1]
    30 MELULR 495 Page 1 30 Melb. U. L. Rev. 495 (Cite as: 30 Melb. U. L. Rev. 495) Melbourne University Law Review August, 2006 Article *495 Defending the Unpopular Down-Under Abbe Smith [FNa1] Copyright © 2006 by Melbourne University Law Review Association Inc.; Abbe Smith [The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. In a time of growing unease, the article offers new insights about how Australian lawyers see themselves and their work.] CONTENTS I Introduction ............................... 496 II Why Represent the Unpopular? ............... 504 A Professionalism ....................... 504 B Polities .............................. 521 C Personality ........................... 526 D Publicity ............................. 529 III Duty to the Court and Fealty to Truth ...... 530 IV Duty to the Client and the Bounds of Zeal .. 539 V Concluding Thoughts ........................ 547 [F]or the trial lawyer the unpopular cause is often a post of honor. Like other lawyers who try criminal cases, I have taken on many difficult cases for unpopular clients, not because of my own wishes, but because of the unwritten law that I might not refuse.
    [Show full text]
  • Book 4 29, 30 and 31 October 2002
    PARLIAMENT OF VICTORIA PARLIAMENTARY DEBATES (HANSARD) LEGISLATIVE ASSEMBLY FIFTY-FOURTH PARLIAMENT FIRST SESSION Book 4 29, 30 and 31 October 2002 Internet: www.parliament.vic.gov.au/downloadhansard By authority of the Victorian Government Printer The Governor JOHN LANDY, AC, MBE The Lieutenant-Governor Lady SOUTHEY, AM The Ministry Premier and Minister for Multicultural Affairs ....................... The Hon. S. P. Bracks, MP Deputy Premier and Minister for Health............................. The Hon. J. W. Thwaites, MP Minister for Education Services and Minister for Youth Affairs......... The Hon. M. M. Gould, MLC Minister for Transport and Minister for Major Projects................ The Hon. P. Batchelor, MP Minister for Energy and Resources and Minister for Ports.............. The Hon. C. C. Broad, MLC Minister for State and Regional Development, Treasurer and Minister for Innovation........................................ The Hon. J. M. Brumby, MP Minister for Local Government and Minister for Workcover............ The Hon. R. G. Cameron, MP Minister for Senior Victorians and Minister for Consumer Affairs....... The Hon. C. M. Campbell, MP Minister for Planning, Minister for the Arts and Minister for Women’s Affairs................................... The Hon. M. E. Delahunty, MP Minister for Environment and Conservation.......................... The Hon. S. M. Garbutt, MP Minister for Police and Emergency Services and Minister for Corrections........................................ The Hon. A. Haermeyer, MP Minister for Agriculture and Minister for Aboriginal Affairs............ The Hon. K. G. Hamilton, MP Attorney-General, Minister for Manufacturing Industry and Minister for Racing............................................ The Hon. R. J. Hulls, MP Minister for Education and Training................................ The Hon. L. J. Kosky, MP Minister for Finance and Minister for Industrial Relations.............. The Hon. J. J.
    [Show full text]
  • THE FOURTH TONY FITZGERALD MEMORIAL LECTURE 23 June
    THE FOURTH TONY FITZGERALD MEMORIAL LECTURE 23 June 2016 NORTHERN TERRITORY LIBRARY, DARWIN LEX LASRY It is very nice to be in Darwin in June where the weather is so much kinder. It is appropriate for me to say at the beginning that, unlike probably all of you, I did not know Tony Fitzgerald and my links with Darwin are only very occasional. It has been something like 10 years since I was last here. Unlike a number of Victorian barristers I was not part of the Frank Vincent/John Coldrey efforts in the Northern Territory, though of course I admired their efforts, which were extensive. In speeches in Melbourne, Coldrey regularly tells the story of their involvement in the trial of the so-called Huckitta Station 5 in the case of Collins and others in 1979 along with John Dee, Dyson Hore-Lacy and Peter Waye from South Australia. I will return broadly to that topic a little later. I should say that one of Coldrey’s claims to fame is that he says he lost the last murder trial conducted in the old Alice Springs court house and also the first one conducted in the new one. So, it is an honour to be invited to give this lecture and to be among Northern Territory legal professions as I know there are some big issues about the criminal justices system here. Sadly I will never again be able to share your Bali conference much as I enjoyed it when I did attend a few years ago. I know Tony Fitzgerald was born in Sydney and practiced law initially in Melbourne.
    [Show full text]
  • Challenges of Social Media for Courts & Tribunals
    Issues Paper for a Symposium Challenges of Social Media for Courts & Tribunals Dr Marilyn Bromberg-Krawitz May 2016 The Author Dr Marilyn Bromberg-Krawitz, PhD, LLB (Dist), BBA (Hon), Grad Cert University Teaching is a Senior Lecturer at The University of Notre Dame Australia, Law School (Fremantle Campus) and a practising lawyer. Acknowledgements Many thanks to Professor Greg Reinhardt, Mr Christopher Roper AM, Ms Tanya Musgrove, Ms Leah Findlay and Ms Justine Howard for providing feedback on this issues paper. Dedication This issues paper is dedicated to Mr Kennedy Krawitz. © The Australasian Institute of Judicial Administration, Inc. and the Judicial Conference of Australia, Inc. 2016. i Table of Contents 1. Introduction ................................................................................................................. 1 2. What is Social Media and how it Works ........................................................................ 2 3. When Judicial Officers and Tribunal Members (and their Families) Personally Use Social Media - the Potential Benefits and Risks ....................................................................... 6 a. The Benefits ....................................................................................................................6 b. The Risks.........................................................................................................................7 c. Should Judicial Officers Use Social Media in a Personal Capacity? .....................................9 d. Judges Becoming
    [Show full text]
  • Bali Nine Deserve Help, Says Australian Judge
    AUSTRALIAN FOUNDING PRESIDENT : THE RT. HON . SIR OWEN DIXON PC, OM, GCMG PRESIDENT : THE HON . JUSTICE LEX LASRY INTERNATIONAL VICE -PRESIDENTS : HON . JUSTICE ELIZABETH HOLLINGWORTH HON . JUDGE MARK TAFT COMMISSION OF JURISTS CHAIR : GLENN MCGOWAN SC -VICTORIA - SECRETARY -GENERAL : MELANIE SZYDZIK Tel: 9225 8414 Fax: 9670 7086 ASSISTANT SECRETARY -GENERAL : [email protected] PHILLIPA MCCORMACK TREASURER : C/- List A, 205 William St MEDIA RELEASE SARA LAW Melbourne 3000 Sunday 19 June 2011 www.vic.icj-aust.org.au BALI NINE DESERVE HELP, SAYS AUSTRALIAN JUDGE The rejection of Andrew Chan’s final appeal on Friday means that this Australian will be executed in Indonesia unless presidential clemency is exercised. The Australian Government has said it will help Chan apply for clemency. The Indonesian president, Susilo Bambang Yudhoyono, has publicly said many times he is disinclined to exercise clemency in drug cases. President of the International Commission of Jurists in Victoria, Justice Lex Lasry, stated: “The very idea that a Government of any country could imagine that the premeditated killing of a reformed prisoner was civilised, appropriate or in any way proportionate to the offender’s wrong doing still amazes me. The Australian Government must use every aspect of its influence with Indonesia to prevent this young man from being executed. I would also assume and hope that such a position will be strongly bipartisan." Justice Lasry continued “all civilized countries should recognise and comply with Article 3 of the Universal Declaration of Human Rights which gives everyone the right to life. This is the most fundamental human right there is.
    [Show full text]
  • 5568 Law Matters
    LAW Matters NEWS FROM THE MONASH LAW SCHOOL COMMUNITY ISSUE 1/09 FEATURE: INSIDE: Corporate Insolvency Mick Dodson, Australian of the Year Going International Prato Piazza, Prato, Italy www.law.monash.edu Features: Dean’s message 1 Australia Day Honours Monash alumnus Professor Mick Dodson AM (BJuris 1974, LLB 1978) is the 2009 Australian of the Year. It may come as a surprise to the Monash Law School community to learn that over 250 students are enrolled in our JD program. 2 Prize Ceremony The Faculty of Law at Monash is often thought of as Also in this issue we highlight the many ways in which an undergraduate law school, and indeed its teaching our students can participate in international programs Monash Law School load is primarily found in its undergraduate combined such as the Prato and Malaysia study abroad recently held courses and the undergraduate LLB. Nearly 900 programs, international exchanges and internships the annual Prize students are enrolled in the very popular Arts/Law and volunteer programs. In 2009, over 100 of our Ceremony at the course, nearly 600 in the Commerce/Law course and students will join with 70 students from five partner ANZ Pavilion at the around 700 are enrolled in our undergraduate LLB. universities to study 16 international, comparative or Victorian Arts Centre. European law subjects in Prato. We estimate that by However, since 2002, Monash has offered a graduate the time they graduate, nearly half of each graduating entry law degree, taught at our city premises in a cohort will have had some form of international 5 Corporate Insolvency trimester format, completely separate from the experience.
    [Show full text]
  • VICTORIAN BAR NEWS WINTER 2021 ISSUE 169 WINTER 2021 VICTORIAN BAR Editorial
    169 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 169 WINTER 2021 Sexual The Annual Bar VICTORIAN Harassment: Dinner is back! It’s still happening BAR By Rachel Doyle SC NEWS WINTER 2021 169 Plus: Vale Peter Heerey AM QC, founder of Bar News ISSUE 169 WINTER 2021 VICTORIAN BAR editorial NEWS 50 Evidence law and the mess we Editorial are in GEOFFREY GIBSON Not wasting a moment 5 54 Amending the national anthem of our freedoms —from words of exclusion THE EDITORS to inclusion: An interview with Letters to the Editors 7 the Hon Peter Vickery QC President’s message 10 ARNOLD DIX We are Australia’s only specialist broker CHRISTOPHER BLANDEN 60 2021 National Conference Finance tailored RE-EMERGE 2021 for lawyers. With access to all major lenders Around Town and private banks, we’ll secure the best The 2021 Victorian Bar Dinner 12 Introspectives JUSTIN WHEELAHAN for legal professionals home loan tailored for you. 12 62 Choices ASHLEY HALPHEN Surviving the pandemic— 16 64 Learning to Fail JOHN HEARD Lorne hosts the Criminal Bar CAMPBELL THOMSON 68 International arbitration during Covid-19 MATTHEW HARVEY 2021 Victorian Bar Pro 18 Bono Awards Ceremony 70 My close encounters with Nobel CHRISTOPHER LUM AND Prize winners GRAHAM ROBERTSON CHARLIE MORSHEAD 72 An encounter with an elected judge Moving Pictures: Shaun Gladwell’s 20 in the Deep South portrait of Allan Myers AC QC ROBERT LARKINS SIOBHAN RYAN Bar Lore Ful Page Ad Readers’ Digest 23 TEMPLE SAVILLE, HADI MAZLOUM 74 No Greater Love: James Gilbert AND VERONICA HOLT Mann – Bar Roll 333 34 BY JOSEPH SANTAMARIA
    [Show full text]
  • A STUDYGUIDE by Marguerite O'hara
    A STUDYGUIDE BY MArguerite O’HARA www.metromagazine.com.au www.theeducationshop.com.au Just Punishment KHOA NGUYEN DEPARTS MELBOURNE Imagine you were offered the ou are a bit nervous but hope Your mother and your friends visit as chance to pay off your debts you’ll get through. Airport secu- often as they can, but as a condemned by carrying drugs into Australia Yrity is suspicious and searches prisoner there is no hugging or touching you. The drugs are found and you are and you are a long way from home. You from an Asian country. The detained, arrested and charged with drug know how worried they are and feel ter- package weighs almost 400 trafficking. At the trial, almost two years rible for causing your friends and family grams, less than a half kilo after your arrest, you are found guilty. The so much pain and shame. bag of sugar. You know there penalty for trafficking fifteen grams of are heavy penalties if you are heroin or more is death. The appeals have all failed including a found with the stuff but decide plea from the Australian government to to take the risk, carefully For more than a year your lawyers go spare your life. You now have only a few through various appeal processes but you days to live before you are hanged. concealing the drugs in your feel increasingly despondent as judges luggage and on you. in this country have no discretion about sentencing for drug smuggling. SCREEN EDUCATION 2 Just Punishment Just Punishment is a one- hour documentary film about the legal processes and the human story that led to the hanging of Van Nguyen in Singapore in December 2005.
    [Show full text]
  • Defending the Unpopular Down-Under
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2006 Defending the Unpopular Down-Under Abbe Smith Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/220 30 Melb. U. L. Rev. 495-553 (2006) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons GEORGETOWN LAW Faculty Publications February 2010 Defending the Unpopular Down-Under 30 Melb. U. L. Rev. 495-553 (2006) Abbe Smith Professor of Law Georgetown University Law Center [email protected] This paper can be downloaded without charge from: Scholarly Commons: http://scholarship.law.georgetown.edu/facpub/220/ Posted with permission of the author DEFENDING THE UNPOPULAR DOWN-UNDER ABBE SMITH" [The ethics oj criminal deJence lawyers and others who represent 'unpopular clients' is a largely unexplored area oj legal scholarship in Australia. This article seeks to examine, Jrom a comparative perspective, the motivations and ethical practices oj these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing proJessional obligations to court and client, truth and advocacy, public and proJession. In a time oj growing unease, the article offers new insights about how Australian lawyers see themselves and their work.] CONTENTS Introduction ............................................................................................................
    [Show full text]
  • Melissa Parke M FEDERAL LABOR MEMBER for FREMAN LE
    Melissa Parke M FEDERAL LABOR MEMBER FOR FREMAN LE Committee Secretary Parliamerntaryl Joint Standing Committee on Foreign Affairs, Defence and Trade PO Box 6021 Parliamernt1 House Canberra ACT 2600 2015 IBy ema1il .: [email protected] 7 December Dear Committee .Secretary, Submission on Australia's1 Advocacy for the Abolition of the Death Penalty l The Australian brarnchof Parlliamentariains forGlo bal Action (PGA) thanks the Joint Standing Committee on 1Foreign1 Affairs, Defence and Trade for the opportunity to make this submission on Australia's efforts to advocate for worldwide abolition of the death penalty, having pa1rt1icull.ar regard to further steps Australia ,could take to advocate for worldwide abolition.1 I write as the Clra;ir of the Australian !branch of Parliamentarians for Global Action (PGA), a network of more than 1100 Parliamentarians in 142 countri,es around the world committed to promote human rights, the rule of law,. gender equallity, non-discrimination, and peace and security. PGA has lied successful cam pa1igns 011 the ratificat1ions o'f th,e Rome Statute of the lntemat'ional Criminal Court, and in support of the newly adopted UN Arms Trade Treaty. 2013, In IPGA also launched the Parliamentary1 Platform against1 the death penalty to SUIPport, max1imise, and give visibiility to individual parhamentary initiatives on this issue. PGA be!1ieves that Parliamentar1ians have a cruciiaI1 role to play in the promotion and the advancement of abolition of the death penalty.l It is IParl,iamentarians who draft legislation and nat,ional policies, and who therefore• have a central roJ.e in the movement to restrict the s use of the ,death penalty,l and ultimately1 to abolish it.
    [Show full text]