Indictable Offences in Victoria, 5th Edition

Indictable Offences in Victoria, 5th Edition

By Ian Freckelton

Book

$197.95 RRP

Date: 16/12/2010

Code: 9780455219486

Lawbook Co., AUSTRALIA

Available Formats

Format Title Date Code Price
Book Indictable Offences in Victoria, 5th Edition 16/12/2010 9780455219486 $197.95

Description

Indictable Offences in Victoria, 5th edition, is an essential resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in the Victoria’s criminal justice system.
It is also an invaluable and highly accessible guide for students of law and legal studies.
This comprehensive work clearly sets out all matters relevant to the prosecution of indictable offences in Victoria, addressing general principles of criminal law and using a succinct alphabetical catalogue of indictable offences.
Expert commentary by barrister, Dr Ian Freckelton SC, and co-author Danielle Andrewartha is accompanied by the text of the relevant legislative provisions.
The 5th edition is revised to incorporate new offences from the Crimes Act 1958. It also deals with a range of other legislation relevant to the criminal law, including the Criminal Procedure Act 2009 and the Evidence Act 2008, as well as offences under common law and the Drugs, Poisons and Controlled Substances Act 1981, the Occupational Health and Safety Act 2004, the Assisted Reproduction Act 2008, the Environmental Protection Act 1970 and the Sex Work Act 1994.
Analysis of general principles of criminal law and references to textbooks, looseleaf services, articles and caselaw are all significantly updated to ensure the work continues to provide an excellent practical guide to criminal justice in Victoria.
Indictable Offences in Victoria 5th edition is an essential resource for anyone practising, enforcing or studying criminal law in Victoria.
 
Key features:
 
Parts 1-13:
  • Examines issues of criminal responsibility and procedure, including definitional matters, bail. Committal hearings, criminal pleadings, including the availability of alternative verdicts, problems relating to duplicity, liability, inchoate offences and the charging the various parties connected with the commission of criminal offences. 
  • Identifies the law in relation to causation, elements of criminal offences and defences, and key sentencing considerations and includes tables relating to custodial and pecuniary penalties imposed by Victoria’s courts.
Part 14:
  • Presents a wide range of indictable offences on Victoria’s statute books.
  • For each offence the book presents: 
    • the relevant provision 
    • statement of offence
    • wording of the count
    • penalty 
    • matters to be proved 
    • important references 
    • other possible offences which might be considered as alternative charges
    • notes regarding the scope and nature of the offence and the matters to be proved.

Editorial Reviews

From: lij August 2011 
Reviewed by: Meldon D’Cruz, Senior Prosecutor, Department of Primary Industries

When I informed my colleagues I would be reviewing this publication, one colleague exclaimed, “I love Ian Freckelton, he’s the reason I got through law school”. When you read this publication, it’s easy to see why.

Analysis of procedure such as committal proceedings, bail and indictments will greatly assist new and experienced practitioners alike. An entire chapter on criminal defences with principles, case references and even academic commentary will have practitioners eager to test them.

The chapter on compensation provides good coverage of the salient principles for victim compensation. Expanding this to incorporate compensation to the Crown, such as mandatory forfeiture orders etc., would have been valuable.

Dedicated chapters on sentencing and verdicts encapsulate the legislative framework very well, although there is less analysis than in other chapters. Six months since publishing makes a big impact in Victorian law, with no reference to the recent abolition of suspended sentences. However, the limited number of offences that fall into this category would hardly make an impact on the chapter.

Once you read through to the offences themselves, each Crimes Act 1958 (Vic) offence that is set out contains comprehensive information, including how to word a charge, matters to be proved, alternative statutory and common law charges and a detailed analysis of the applicable law. This is what makes the book invaluable to both defence and prosecution. Despite the comprehensive analysis of offences in the Crimes Act, this publication omits a few, notably fraud (although deception and financial advantage are covered, albeit in less depth than other offences).
Indictable offences which are generally prosecuted by Victorian departments and agencies other than the Office of Public Prosecutions (OPP) – such as wildlife, forestry, fisheries and other environmental offences – are not covered, although many of these may require the OPP’s involvement.

With the enhanced depth of offences, reference to additional source material, easy to read format and practical considerations for each offence, Indictable Offences in Victoria will prove itself a necessary and worthwhile text, no matter which side of the courtroom you sit on. A highly recommended read for students and practitioners alike.

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