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reverse-onus

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Journal Articles
New Criminal Law Review (2017) 20 (4): 569–615.
Published: 01 November 2017
...Anthony Davidson Gray This Article documents the increasing range of instances in which the presumption of innocence has been abrogated by legislation. Legislatures are responding to fears around terrorism and general community anxiety about law and order issues by increasing resort to reverse onus...
Journal Articles
New Criminal Law Review (2017) 20 (3): 355–390.
Published: 01 August 2017
... 364 | NEW CRIMINAL LAW REVIEW | VOL . 20 | NO . 3 | SUMMER 2017 every case the onus is on the defendant to prove that possession, collection, and preparation were undertaken for purposes other than terrorism. The reversal of the onus of proof and their broad, unspecified actus reus sets these...
Journal Articles
New Criminal Law Review (2013) 16 (4): 527–567.
Published: 01 October 2013
... . 16 | NO . 4 | FALL 2013 any way17 closely linked with the presumption of innocence and the onus of proof. Sometimes the Court has used the language of the freedom to speak and that if such a right has been impugned, evidence obtained as a result may not be admitted. This occurred in The Queen v...
Journal Articles
New Criminal Law Review (2012) 15 (3): 458–463.
Published: 01 July 2012
... her daughter s . . . have anything to fear . . . from the reverse onus But of course such people are not likely to be charged in the first place. The difficult cases, where a reverse onus may well result in unjust convictions, are those involving young males, who may be carrying knives in self...
Journal Articles
New Criminal Law Review (2013) 16 (1): 143–201.
Published: 01 January 2013
Journal Articles
New Criminal Law Review (2012) 15 (1): 32–67.
Published: 01 January 2012
... and inconsistent with a reverse onus, as appears in some civil forfeiture regimes, including the new Commonwealth regime. I . TYPICAL CIVI L FORFE ITURE PROVIS IONS IN AUSTRALIA For discussion purposes, it is intended to use the civil forfeiture proceeding provisions3 in the recent Crimes Legislation...
Journal Articles
New Criminal Law Review (2012) 15 (1): 122–155.
Published: 01 January 2012
Journal Articles
New Criminal Law Review (2010) 13 (1): 23–89.
Published: 01 January 2010
Journal Articles
New Criminal Law Review (2009) 12 (4): 513–528.
Published: 01 October 2009
... evidence pertaining to the guilt or innocence of the accused and to challenge the admissibility or relevance of the evidence is inconsistent with the onus of the Prosecutor to prove the guilt of the accused nor is it incon- sistent with the rights of the accused and a fair trial.54 SYSTE MATIC AN D CASU...
Journal Articles
New Criminal Law Review (2008) 11 (2): 257–311.
Published: 01 April 2008
Journal Articles
New Criminal Law Review (2003) 6 (2): 1163–1187.
Published: 01 January 2003
....1 Even though the law deviates from this burden of proof in certain circumstances, particularly by means of reverse onus provisions, the general rule that conviction and punishment are possible only after proving guilt beyond all reasonable doubt nonetheless stands. This rule is held to be a...
Journal Articles
New Criminal Law Review (2003) 6 (2): 1043–1122.
Published: 01 January 2003
... have even called for the abandonment of the guideline system altogether.7 Such a statutory reversal is unlikely at the present time. In the absence of this kind of dramatic reform, the question facing the Sentencing Commission is daunting: How, in the current volatile political environment, can the...
Journal Articles
New Criminal Law Review (2002) 5 (2): 427–450.
Published: 01 January 2002
... increased. And I do not say that such initiatives will always be reversed; in some areas of crime they may be more or less insulated from media attention, say because of legal restrictions on naming juvenile offenders. But I do think that wherever the outrage dynamic can get a grip, it will tend to drive...
Journal Articles
New Criminal Law Review (2000) 4 (1): 13–51.
Published: 01 April 2000
... significant measure of self- defense can be considered reasonable and will too easily excuse violent conduct.83 4. Preserve the Presumption of Innocence with No Reverse Onuses A principled review of the M.P.C. would require...