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12 - States

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

States are the dominant players in Australian criminal justice. Not only are state agents – police, prosecutors, regulators and courts – the key decision-makers in criminal process (see Chapter 2: Choices) but state institutions – the executive, parliament and courts – are also the source (or interpreters) of all statutory offence provisions (see Chapter 1: Words). It is less widely recognised that states can also play other roles: as victims of some crimes and as complicit in (or even perpetrators of) others.

This final chapter examines the role of government as the subject, object and context of many breaches of the criminal law. Section 12.2 considers the conflicting roles of states in the criminal law. Section 12.3 sets out the role of states in offence definitions and exceptions. The final section, 12.4, examines the potential impact of state behaviour on others’ criminal responsibility.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Lewi, H Whose Heritage: The Contested Site of the Swan Brewery 2005 15 Fabrications 43 Google Scholar
1946
Lewi, H Whose Heritage: The Contested Site of the Swan Brewery 2005 15 Fabrications 43 Google Scholar
1925
Barrett, M Prosecuting the Crown 2002 4 University of Notre Dame Australia Law Review 46 Google Scholar
Brett, P Mistake of Law as a Criminal Defence 1966 5 Melbourne University Law Review 179 Google Scholar
Stuart, D Canadian Criminal Law: A Treatise Carswell Scarborough 2001 323

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  • States
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.013
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  • States
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.013
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • States
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.013
Available formats
×