Hemming on 'Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has published a new article titled 'Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law'  The article appears in Volume 3 of the Australian Journal of Law and Religion.  Here is the abstract:

"The criminal law punishes persons who commit a guilty act with the requisite guilty mind. This article considers the criminal responsibility of parents and other persons who claim not to have possessed a guilty mind but instead left the choice to God as to whether a child survived the withdrawal of medication. The critical question is whether a jury can infer actual knowledge that death would probably result when a person consciously avoids considering the ramifications of withholding lifesaving medicine, such as insulin to a child with diabetes, and instead hands moral responsibility to God. This article explores whether murder under the circumstance of reckless indifference to human life, defined as an act committed with an awareness that death will probably arise from that act or omission, encompasses a defendant whose awareness is affected by a religious belief that his or her religious faith required God to make the decision of life or death. To avoid the need for the jury to infer actual knowledge from the objective circumstances of the case, the argument is made for an objective test for recklessness based on the natural and probable consequences test. The Crown’s options in framing the charges to be laid and the reasons why a particular choice may be made are considered, particularly in relation to manslaughter. In addition, this article examines the reach of criminal responsibility where the parents of the child are joined in prayer in their own home by members of the religious group to which the parents belong."

Hemming on 'Criminal Procedure: LexisNexis Questions and Answers'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has penned the second edition of Criminal Procedure: LexisNexis Questions and Answers.  The book is published by LexisNexis.  Here is the publisher's description:

"LexisNexis Questions and Answers: Criminal Procedure is designed to facilitate both continuous review and preparation for assessments and examinations.

This book provides an understanding of criminal procedure and gives a clear and systematic approach to analysing and answering problem and exam questions. Each chapter commences with a summary of the relevant law and key issues. Each question is followed by a suggested answer plan, a sample answer and comments on how the answer might be assessed by an examiner. The author also offers advice on common errors to avoid when answering each question.

Questions cover a comprehensive range of topics including arrest, detention and search after arrest, bail, obtaining evidence and forensic procedures, the right to silence and police interrogation, entry onto and search of premises, sentencing and pleas in mitigation, and the appeal process.

The second edition has been revised and expanded in line with recent developments in case law and legislation."

Zhao on 'Foreign Environmental Law'

Dr Bob Zhao, a Senior Lecturer at the University of Southern Queensland, has co-authored (along with Shuyi Wang et al.) a new book titled Foreign Environmental Law.  The book is published by China Social Sciences Press.

Nugent on ‘Justice Alfred Lutwyche and the Early Supreme Court’

Dr Timothy Nugent, a Lecturer in the University of Southern Queensland School of Law and Justice, has published a new article titled 'Justice Alfred Lutwyche and the Early Supreme Court’.  The article appears in Volume 25(7) of the Queensland History Journal.

Gray on ‘Relational Contract Theory, the Relevance of Actual Performance in Contract Interpretation and its Application to Employment Contracts in the United Kingdom and Australia'

Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled ‘Relational Contract Theory, the Relevance of Actual Performance in Contract Interpretation and its Application to Employment Contracts in the United Kingdom and Australia'.  The article appears in Volume 52 of the Common Law World Review.  Here is the abstract:

"This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties’ contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties’ relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions."

Law, Religion, and Heritage Research Program Team Edit Special Issue of Queensland History Journal

The Law, Religion, and Heritage Research Program Team at the University of Southern Queensland has edited a special issue (Volume 25:7) of the Queensland History Journal.  The special issue, "Arbiters of Justice: Historical Studies of Southern Queensland Lawmakers" contains research presented at a colloquium in November of 2021.  Here is the table of contents:

Introduction by Julie Copley, Marcus Harmes, Sarah McKibbin, Jeremy Patrick

‘To chastise and punish’: Patrick Logan, justice of the peace and magistrate of convict Moreton Bay by Roger Ford

Dr Stephen Simpson and the origins of the court system in Queensland by Thomas Bradley

Lawgiving in early colonial Queensland – an historical perspective by Helen Gregory

Justice Alfred Lutwyche and the early Supreme Court by Timothy Nugent

Zhao on 'Commentaries on All-China Environment Federation v Scenic Spot Management Council of Wuxi City’

Dr Bob Zhao of the University of Southern Queensland School of Law and Justice has published a book chapter titled 'Commentaries on All-China Environment Federation v Scenic Spot Management Council of Wuxi City’.  The chapter appears as pp. 419-426 in Xi Wang, Selection of 100 Environmental and Resource Law Cases (Higher Education Press, 2023).

Gray on ‘The Treatment of Young Transgender People and the Law’

Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'The Treatment of Young Transgender People and the Law'.  The article appears in Volume 30(2) of the Journal of Law and Medicine.  Here is the abstract:

"This article considers contentious legal issues regarding the treatment of young people who identify as transgender. It considers the extent to which they may consent to treatment, the consent to which parental and/or court approval may be required, and ways in which the law in this area might be reformed."