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Conversations with Professor Anthony Terry Hanmer “Tony” Smith: a New Zealander's Journey Through English Academia, and Notions of Criminality in Common Law Jurisdictions

Published online by Cambridge University Press:  30 March 2017


Professor Tony Smith was born in Christchurch, New Zealand in 1947. He completed his LLB and LLM at Canterbury University, interspersed with a short-lived sortie into legal work with the Treasury. It was during these formative years that he acquired the deep interest in criminal law and its social and constitutional ramifications that has underpinned his whole career, and which gained him numerous academic advances, culminating in his chair of Criminal and Public Law at Cambridge University in 1996. He is currently Professor of Law at Victoria University, Wellington. This article is written by Lesley Dingle and is based on her interviews with Professor Smith which have been incorporated into the Eminent Scholars Archive at Cambridge.

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Copyright © The Author(s) 2017. Published by British and Irish Association of Law Librarians 

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3 James Keir Baxter, (1926–72), born Dunedin.

4 James K Baxter: Complete Prose, Victoria University Press, 2015 Google Scholar, 2662pp.

5 Austin Vernon Mitchell, (1934- ), British Labour Party politician, Member of Parliament for Great Grimsby (1977–2015). 1959–63 he lectured in history, University of Otago; lectured in sociology (1963–67), University of Canterbury.

6 James, R. Flynn, (1934 -) PhD, MA, BA (University of Chicago) Emeritus Professor of Politics, Foundation Chair in Political Studies University of Otago (1967–96).

7 John Greville Agard Pocock (b. 1924-) Historian, Harry C. Black Professor Emeritus Johns Hopkins University (1974–94). Professor of political science, University of Canterbury (1959–65). Born in London.

8 Whitcombe & Tombs (Christchurch), 1972.

9 Q11.

10 Sir Patrick Gardiner Hastings (1880–1952), British barrister and Attorney General (1923–24).

11 Herbert Lionel Adolphus Hart, (1907–92). Professor of Jurisprudence Oxford University (1952–69).

12 For Hart's comments on New Zealand, some remarkably caustic, see p. 304–5 in his biography by Nicola Lacey A Life of H L A Hart, OUP.

13 Professor Glanville Llewelyn Williams (1911–97). Rouse Ball Professor of English Law University (1968–78).

14 Robin Brunskill Cooke, Baron Cooke of Thorndon QC (1926–2006). New Zealand judge and member of the House of Lords. Member of the Judicial Committee of the Privy Council.

15 Leonard Sedgwick Sealy, (1930 - ), Emeritus S J Berwin Professor of Corporate Law, University of Cambridge (1991–97).

16 James (Jim) Farmer QC, Barrister in Auckland. Queen's Counsel. Former lecturer at Auckland and Cambridge.

17 Jim Evans, Professor of Jurisprudence and Equity, University of Auckland, Goodhart Professor 2003–04. Specialises in the use of philosophy and linguistics as an approach to issues in statutory interpretation.

18 Professor Justice Paul Finn (1946- ), Judge of the Federal Court of Australia (1995–2012), Goodhart Professor (2010–11), Professor & Head, Department of Law and Division of Philosophy and Law Australian National University (1988- 95).

19 Alastair John Campbell, (1957 - ) Director of Communications and Strategy for Prime Minister Tony Blair (1997–2003).

20 Professor Sir Henry William Rawson Wade (1918–2004). Professor of English Law, University of Oxford (1961–1976), Rouse Ball Professor of English Law (1978–1982).

21 Professor Sir John Cyril Smith (1922–2003), University of Nottingham (1957–87).

22 Professor Andrew Ashworth (1947 - ). Edmund-Davies Professor of Criminal Law and Criminal Justice King's College London (1988–1997), Vinerian Professor of English Law (1997- 2013). Tony first met Ashworth in 1977, but had greatly admired his editorial skills.

23 Professor Sir David Glyndwr Tudor Williams (1930–2009). Rouse Ball Professor of English Law (1983–92), President of Wolfson College (1980–92).

24 Q30.

25 Q104.

26 Q45. Borrie & Lowe: The Law of Contempt (Butterworths Common Law Series), 2009.

27 Q117.

28 Friedrich Hayek (1899–1992). Anglo- Austrian economist and philosopher. LSE (1931–50), University of Chicago (1950–62) & University of Freiburg (1962–68).

29 Graham Zellick, Professor of Public Law, Queen Mary College London (1982 – 88).

30 Now Arlidge, Eady & Smith on Contempt, 4th Edit, Sweet & Maxwell, 2011 Google Scholar.

31 Prof G. R. Sullivan, Durham Law School: Corporate criminal liability, Criminal law, Criminal law theory, Legal responses to serious fraud.

32 Q52.

33 Michael J Prichard, (1927 - ). Lecturer in Law, Life Fellow of Gonville & Caius, President (1976–80), Edit. Cambridge Law Journal (1996–2002). See

34 Professor P A J “Tank” Waddington, Professor of Social Policy, University of Wolverhampton (2005 - ).

35 Sir Peter Michael Imbert, (b. 1933). Commissioner of the Metropolitan Police Service (1987–93).

36 1987 Sweet & Maxwell, Police Review Publishing Company, 326pp.

37 He became Professor of English Law (1966–68), and Rouse Ball Professor of English Law (1968–78);

38 The major law firm Freshfield Bruckhaus Deringer.

39 Sir Jack Beatson (1948-), Rouse Ball Professor of English Law (1993–2003). Lord Justice of Appeal (2013- ).

40 Law firm Herbert Smith LLP, merged with Australian Freehills in 2012.

41 Property Offences: The Protection of Property Through the Criminal Law, Sweet & Maxwell 1994 Google Scholar, 1037pp.

42 Harm and Culpability Simester, A P & Smith, A T H, Oxford Clarendon Press, 1996 CrossRefGoogle Scholar, 280pp.

43 Arlidge Eady & Smith On Contempt 2nd Edition, Sweet & Maxwell 1998 Google Scholar.

44 Q124.

45 Currently 15th Edition 2013, Sweet & Maxwell, 287pp.

46 Q153.

47 Q77.

48 1969, Provocation and the lesser offences, R v. Laga, VUWLR, 361–364.

49 A.J. Ashworth (then Lecturer at Manchester University. Later Vinerian Professor at Oxford 1997 – 2013) The Doctrine of Provocation CLJ 35 292–320.

50 Q35.

51 Q102.

52 Q102

53 Q102.

54 Q105.

55 Sir Richard Joseph Buxton (b. 1938), Judge and former Lord Justice of Appeal (1997–2008).

56 2004, Criminal Law Review, 971–980.

57 Q102.

58 Q102.

59 Emmins, Criminal Procedure, 2002, p.5.

60 2004, p. 974.

61 Q112.

62 Q112. He was alluding to the case he discussed in detail in Smith 2008, CLJ, 67(1) 10–12, Austin v Commissioner of Police [2007] EWCA Civ 989; [2008] Q.B. 660 (CA(Civ Div)).

63 For example in the NZ case Richards CRI 2005-063.1122.

64 Sweet & Maxwell, 1-190E, 190EE.

65 Q137.

66 Q146.

67 Quoting wikipedia: judicial public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal, chaired by Lord Justice Leveson, who was appointed in July 2011. A series of public hearings was held throughout 2011 and 2012.

68 2013 Criminal Law Review, Assessing the public interest in cases affecting the media- the prosecution guidelines, 6, 449–464.

69 Q127.

70 2016. Glanville Williams: Learning the Law, 16th Edit, Sweet & Maxwell, p. vi-vii.

71 Op cit.