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International Journal for Crime, Justice and Social Democracy Queensland University of Technology 2202-8005 The International Journal for Crime, Justice and Social Democracy is an open access, blind peer-reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world.  The Journal is committed to democratising quality knowledge production and dissemination. Authors retain copyright and articles are licenced via Creative Commons to make published articles more readily available and useable. There are no APCs (Article Processing Charges). Authors can submit and publish at no cost. http://creativecommons.org/licenses/by/4.0
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International Journal for Crime, Justice and Social Democracy 9 2

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

Abstract

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.

Published:
Pages:152 to 169
Section: Articles
0 citation(s) in Scopus
0 citation(s) in Web of Science

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Author Biography

Monash University
Australia Australia

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.