Howie et al - Hayes & Eburn Criminal Law and Procedure in New South Wales 6th ed

A catalogue record for this book is available from the National Library of Australia

2019 Reed International Books Australia Pty Limited trading as LexisNexis.

Updated 2020. Paragraph 1.92 revised.

First edition 2002; Second edition 2006, reprinted 2008 (two times); Third edition 2009; Fourth edition 2014, reprinted 2015; Fifth edition 2016.

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The aim of this book, when it was written by the original authors, who were then teachers at the University of New England (UNE) in Armidale, NSW, was to fill a perceived gap in the texts and material then available to first year students being introduced to the criminal law. They provided a text to accompany a one semester course that covered the subjects necessary to meet the learning objectives for criminal law prescribed by the Legal Profession Admission Rules. Its aim was not to discuss every facet of the criminal law, to cover the entire range of criminal offences operating in this state or to provide a critical analysis of the jurisprudence of the criminal law generally. Rather its purpose was, and continues to be three-fold: to assist students, early in their legal careers, to identify the fundamental aspects of the criminal law, both theoretical and practical; to lead them to understand how the laws, that are passed by parliament, are then supplemented and interpreted by the courts; and to explain how the laws impact on the lives of ordinary citizens.

The book, therefore, contains a mixture of discussion, reproductions of statutory provisions and case extracts dealing broadly with the operation of the criminal law by the police and the courts in this state. It deals with practical aspects of the course of criminal justice from investigation, through trial, and ends with the appellate jurisdiction of the states criminal courts. It includes a consideration of the rights of persons who come into contact with the criminal law from arrest to trial. It outlines the relevant aspects of the law of evidence that operate in criminal proceedings and the various underlying principles that shape the scope of the criminal law applying in this state.

The authors of this edition are: Marissa Hood, a librarian with the Australian Parliamentary Library; Rod Howie QC, a former NSW Supreme Court Judge; and Paul Sattler, a solicitor and lecturer at UNE. The authors, therefore, bring an experience and understanding of the operation of the criminal law that extends beyond the theoretical or technical.

This edition, of course, notes some significant changes to the criminal law in this state that have occurred since the books last publication in June 2016. For example, it deals, in , which deals with the operation of the Drug Misuse and Trafficking Act 1985. There are throughout the book extracts from cases decided in 2017 and 2018.

In order to acknowledge the significant contribution made by Robert Hayes to the teaching of law and his assistance to those less advantaged in the community, part of the proceeds from the sale of this book will go to the Robert Hayes Memorial Scholarship for Law that is available to support third or fourth year law students at the University of Western Sydney who have demonstrated a passion for, and commitment to, the law; and who can demonstrate financial or other hardship, or who are the first in their family to attend university.

The book remains true to its original philosophy, providing a careful analysis of the legislation and case law that govern the criminal law and procedure. It states the law as at June 2019.

The Honourable Roderick N Howie QC

August 2019

References are to paragraphs; Bold numbers indicate case extract

A

A (Children) (Conjoined Twins: surgical separation), Re [2000] 4 All ER 961 .

Abbassy v Commissioner of Police of the Metropolis [1990] 1 All ER 193 .

Abbott v R [1977] AC 755 .

Adams v Kennedy (2000) 49 NSWLR 78; [2000] NSWCA 152 .

v R [2017] NSWCCA 215 .

Aguilar v Texas 378 US 108 (1964) .

Ahern v R (1988) 165 CLR 87 .

Airedale NHS Trust v Bland [1993] AC 789; [1993] 1 All ER 821 .

Alderson v Booth [1969] 2 QB 216 .

AL v R [2017] NSWCCA 34 .

Ali v R (2005) 214 ALR 1; [2005] HCA 8 .

Alister v R (1984) 154 CLR 404; 51 ALR 480 .

Al-Kateb v Godwin (2004) 219 CLR 562; 208 ALR 124 .

Alliston v R (2011) 217 A Crim R 323; [2011] NSWCCA 281 .

Alqudsi v R [2016] HCA 24 .

Ampol Ltd v Caltex Oil (Aust) Pty Ltd (1986) 60 ALJR 225 .

Anderson v Judges of the District Court of New South Wales (1992) 27 NSWLR 701 .

Andrews v Director of Public Prosecutions [1937] AC 576 .

Anglim and Cooke v Thomas [1974] VR 363 .

Anic v R (1993) 68 A Crim R 313 .

Ansari v R (2007) 70 NSWLR 89 .

v (2010) 241 CLR 299; 266 ALR 446 .

Ansett Australia v Dale [2001] NSWCA 314 .