'Jalal's Law': Driving Reform in the Wrong Direction


This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

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Except where otherwise noted, content in this journal is licensed under a Creative Commons Attribution 4.0 International License.
Published: 2020-02-11
Pages:152 to 169
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How to Cite
Freiberg, A. (2020) “’Jalal’s Law’: Driving Reform in the Wrong Direction”, International Journal for Crime, Justice and Social Democracy, 9(2), pp. 152-169. doi: 10.5204/ijcjsd.v9i2.1238.

Author Biography

Monash University

Arie Freiberg is an Emeritus Professor at Monash University. His particular areas of expertise are sentencing, non-adversarial justice and regulation and is the author of over 170 publications in these fields. He is chair of the Victorian and Tasmanian Sentencing Advisory Councils.