Articles

Convicting the innocent: A critique of theories of wrongful convictions, Criminal law forum (2009)

In recent years, the incidence of wrongful convictions has become a matter of public concern...

 

Fairness and equality in the criminal process, Law papers (2006)

This paper analyses the concept of fairness and its role in relation to the investigation...

 

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Criminal procedure in the South Pacific, Law papers (2004)

This paper surveys the legislation governing criminal procedure in the jurisdictions of Melanesia, Micronesia and...

 

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Sentencing principles in the High Court and the PSA , Law papers (2003)

This paper examines the significance of two recent decisions of the High Court of Australia...

 

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Controlled Operations, Controlled Activities and Entrapment, Bond Law Review (2002)

This article explores the boundaries between, on the one hand, controlled operations and activities under...

 

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Murder and the separation of conjoined twins, The National Legal Eagle (2002)

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Difficult legal issues have arisen in recent cases concerning the separation of conjoined...

 

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Criminal responsibility under the South Pacific codes, Law papers (2002)

This paper examines principles of criminal responsibility in those jurisdictions of Melanesia, Micronesia and Polynesia...

 

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Ordinary and reasonable people: the design of objective tests of criminal responsibility, Law papers (2001)

This paper reviews the design of objective tests of criminal responsibility for serious offences. It...

 

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Bond Law School: Reflections on the First Ten Years, Bond Law Review (1999)

[extract] We have never accepted at Bond that good research and scholarship is an excuse...

 

Corporate personality and criminal liability, Law papers (1995)

[extract] The objectives of this article are to review the dominance in the common law...

 

Recent developments in Canadian criminal law, Law papers (1995)

This review focuses on decisions of the Supreme Court of Canada with respect to substantive...

 

Justice and criminal culpability, Law papers (1993)

This paper is primarily concerned with the function of the law of criminal responsibility or...

 

Developments in Canadian criminal law, Law papers (1991)

This article focuses on recent decisions of the Supreme Court of Canada relating to the...

 

Developments in criminal law and procedure: the 1989-90 term (with Tim Quigley), Law papers (1991)
 

Unity and diversity in Australian criminal law : a comment on the draft Commonwealth Code, Law papers (1991)

Criminal law in Australia, as in most Federal countries, is a matter of regional jurisdiction....

 

Developments in criminal law and procedure: the 1988 - 89 term (with Tim Quigley), Law papers (1990)
 

Exculpatory defences in criminal law, Law papers (1990)

The concern of this article is the theory of exculpatory defences in the criminal law...

 

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Causation in Criminal Law, Bond Law Review (1989)

Despite difficulties associated with the law of causation, it could be much clearer than it...

 

Developments in criminal law and procedure: the 1987 - 88 term (with Tim Quigley), Supreme Court Law Review (1989)
 

Section seven of the Canadian Charter of Rights and Freedoms, Law papers (1989)

This article presents a theory of how section 7 of the Charter of Rights and...

 

The Saskatchewan Court of Appeal and the Charter, Saskatchewan Law Review (1988)

This is a study of the decisions of the Saskatchewan Court of Appeal on the...

 

The executive and the independence of the judiciary, Saskatchewan Law Review (1987)

[extract] Our inherited English constitutional tradition has adopted a Janus-faced stance towards the relationship between...

 

Expanding the boundaries of constitutional obligation: lessons from the Canadian experience (with Donna Greschner), Comparative Juridical Review (1985)
 

Blood samples and the intoxicated driver in Saskatchewan, Saskatchewan Law Review (1984)

[extract] It appears to be widely believed that the Criminal Code does not at present...

 

Codification and reform of the intoxication defence, Criminal Law Quarterly (1983)
 

Constitutional law - paramountcy - duplication and express contradiction - Multiple Access Ltd v McCutcheon, University of British Columbia Law Review (1983)

[extract] All federal systems must deal with the problem of legal conflict in areas where...

 

Recklessness and criminal negligence, University of Toronto Law Journal (1982)

[extract] Examination of mens rea has traditionally focussed on the concepts of intention and of...

 

A theory of the intoxication defence, Canadian Bar Review (1981)

This article’s main objective is to dispel the notion that the rules governing the intoxication...

 

Ignorance of wrong in the insanity defence, University of Western Ontario Law Review (1981)

[extract] The present discussion focuses upon ignorance of wrong as a ground for the insanity...

 

Family maintenance: the interaction of federal and provincial law, Canadian Journal of Family Law (1979)

The interaction of federal and provincial law on family maintenance involves two major areas of...

 

Federal jurisdiction over support after divorce, Ottawa Law Review (1979)

The present analysis is directed to the scope of federal jurisdiction and excludes the interaction...

 

Legal theory and the paramountcy rule, McGill Law Journal (1979)

Under the constitutional rule of federal paramountcy, provincial enactments or orders will be inoperative to...

 

The division of legal labour, Osgoode Hall Law Journal (1979)

There are few more important but neglected subjects in legal theory than the division of...

 

Custody orders under the constitution, Canadian Bar Review (1978)

In order to set the constitutional foundation for custody orders and reveal the issues related...

 

The sociology of secondary rules, University of Toronto Law Journal (1978)

[extract] Jurisprudence today is bedevilled, as much as it ever was, by divergences of approach....

 

Books

Criminal law in Queensland and Western Australia (with John McKechnie), Law papers (2007)

This book provides a comprehensive set of materials on the criminal law of Queensland and...

 

Principles of criminal law (with Sanjeev Anand), Law papers (2007)

Principles of Criminal Law explores the general principles underlying the law of criminal culpability in...

 

Book Chapters

Defence of persons and property, The Laws of Australia (1993)
 

Elements of liability, The Laws of Australia (1993)
 

Inchoate liability, The Laws of Australia (1993)
 

Interpretation of criminal legislation and codes, The Laws of Australia (1993)
 

Criminal law and the rule of law, Crime, justice and codification: essays in commemoration of Jacques Fortin (1986)