Publications

Booth, T & Carrington, K 2007, 'A comparative analysis of the victim policies across the Anglo-speaking world' in Sandra Walklate (ed), Handbook of Victims and Victimology, Routledge, UK, pp. 380-415.
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This chapter details the growing interest in victims by politicians and support groups. It provides details of victim participation in criminal justice process in many western jurisdictions.

Millbank, J & Stewart, M 2007, 'Same-sex couples and their families' in Rosemary Barry (ed), The Law Handbook 10th edition, University of New South Wales Press, Sydney, Australia, pp. 941-969.

Booth, T 2007, 'PENALTY, HARM AND THE COMMUNITY: WHAT ROLE NOW FOR VICTIM IMPACT STATEMENTS IN SENTENCING HOMICIDE OFFENDERS IN NSW?', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 30, no. 3, pp. 664-685.
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This article explores the role of victim impact statements from family victims in sentencing homicide offenders in NSW in the light of the combined effect of ss 3A(g) and 28(4)(b) of the Crimes (Senetencing Procedure) Act 1999 (NSW) and the different approaches of other common law jurisdictions.

Booth, T 2007, 'The Contentious Role of Victim Impact Statements in Sentencing Homicide offenders in NSW', Law Society Journal, vol. 45, no. 10, pp. 68-71.
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This article explores the contentious role of VIS from family victims in sentencing homicide offenders in NSW. Sentencing Courts in NSW do not take such victim impact evidence into account in sentencing and the issue is whether changes to the Crimes (Sentencing Procedure) Act 1999 (NSW) have the result that VIS from family victims are relevant to sentencing.

Graycar, R & Millbank, J 2007, 'From Functional Family to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition', Washington University Journal of Law and Policy, vol. 24, no. 1, pp. 121-164.

Olliffe, B & Stuhmcke, A 2007, 'A National University Grievance Handler? Transporting the UK Office of the Independent Adjudicator for Higher Education (OIA) to Australia', Journal of Higher Education Policy and Management, vol. 29, no. 2, pp. 203-215.
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Complaints made to external agencies about Australian universities are rising in both number and complexity. Recent debate has therefore focused upon how to improve grievance handling in the Australian higher education sector. One suggested 'solution' is the creation of a national Australian university ombudsman. The UK has recently introduced such a national student complaint body - the Office of the Independent Adjudicator for Higher Education (OIA), a 'world first'. This paper examines the structure and operation of the OIA and highlights the advantages and pitfalls of introducing an equivalent office into the Australian higher education sector. It argues that, on balance, there are advantages in a national university ombudsman.

Stewart, P & Stuhmcke, A 2007, 'Legal Pragmatism and the Pre-Birth Continuum: An Absence of Unifying Principle', Journal of law and medicine, vol. 15, no. 2, pp. 272-295.
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The common law has historically been clear - the rights of the unborn do not exist prior to birth. A child becomes a legal person and able to enforce legal rights upon being born alive and having a separate existence from her or his mother. This article assesses whether new developments in biomedical technologies have left this legal principle inviolate and explores what the state of law is in relation to pre-birth. It argues that there is a pre-birth continuum where the law punctuates points in a lineal timeline fashion as to when a pre-birth 'non-entity' becomes a legal entity. The article concludes that there is no singular rule of law with respect to being or becoming a human but rather a collection of discrete and increasingly divergent legal categories. This recognition of a pre-birth continuum or timeline as to the legal recognition of this 'non-entity' has significant ramifications for the future development of law and impacts on legal thinking about what it means to be human.

Booth, T 1970, 'Victim preparation in Sentencing Homicide Offenders in NSW: a Decivilising Trend?', Disciplines and Punishments: Interdisciplinary Approaches to Crime and Justice, UNSW, Kensington, NSW.

Stuhmcke, A & Tran, A 1970, 'The Commonwealth Ombudsman', Alternative Law Journal, Public Law, SAGE Publications, Canberra, pp. 233-236.
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