文章基本信息

标题：Jalal's Law' Driving Reform in the Wrong Direction
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作者：Arie Freiberg
期刊名称：International Journal for Crime, Justice and Social Democracy
印刷版ISSN：2202-7998
电子版ISSN：2202-8005
出版年度：2020
卷号：9
期号：1
页码：1-13
DOI：10.5204/ijcjsd.v9i2.1238
语种：English
出版社：Queensland Uuniversity of Technology
摘要：This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.
关键词：Constructive crimes;instinctive irrationalism;driving offences;sentencing