Dr Paul McGorrery
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paulmcgorrery.bsky.social
Dr Paul McGorrery
@paulmcgorrery.bsky.social
Criminal law researcher, especially interested in criminalisation and sentencing. Soft spot for dogs, puns, coffee and sci-fi/fantasy books.
“He said it was his belief that it was lawful to drive after using medicinally prescribed cannabis so long as he was not ‘under the influence’ … that advice was wrong … [and] from an internet chat forum”

Smith v Marshall [2024] TASMC 12: www.austlii.edu.au/cgi-bin/view...
Smith v Marshall [2024] TASMC 12 (10 December 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
www.austlii.edu.au
December 19, 2024 at 9:24 AM
“This case demonstrates the importance of opening [traffic infringement] letters … even if the contents of the letter are potentially unwelcome. A missed opportunity to dispute liability may lead to an outcome more severe than … in the penalty notice.”

www.austlii.edu.au/cgi-bin/view...
Topic v DPP [2024] ACTSC 398 (16 December 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
www.austlii.edu.au
December 17, 2024 at 4:40 AM
"Landmark settlement of $50m from Meta for Australian users impacted by Cambridge Analytica incident ... the largest ever payment dedicated to addressing concerns about the privacy of individuals in Australia"

www.oaic.gov.au/news/media-c...
Landmark settlement of $50m from Meta for Australian users impacted by Cambridge Analytica incident
The Australian Information Commissioner has agreed to a $50 million payment program as part of an enforceable undertaking received from Meta to settle civil penalty proceedings.
www.oaic.gov.au
December 17, 2024 at 1:07 AM
"Attitudes toward Voluntary Assisted Dying for people in prison in Australia"

New article (first online 29 Nov 2024) in Death Studies by @UniofAdelaide's Oscar Williams, Anna Chur-Hansen and Gregory Crawford

www.tandfonline.com/doi/full/10....
Attitudes toward Voluntary Assisted Dying for people in prison in Australia
End-of-life care options in Australia, recently including Voluntary Assisted Dying (VAD), are available to people in prison. Little is known about how the public perceives this right. We aimed to i...
www.tandfonline.com
December 17, 2024 at 12:46 AM
Netherlands man lists OpenAI as his legal representative in trademark proceedings.

“The defendant's arguments on the similarities between the brands and signs have been fully drawn up by Chat-GPT.” (Translated by Google Translate)

www.ie-forum.nl/artikelen/ve...
Verwarringsgevaar tussen Penguin en ArtPenguin
www.ie-forum.nl
December 16, 2024 at 10:26 PM
“There comes a time in the life of a statutory provision when a particular construction becomes so well settled and for such a long time, that the contrary construction becomes unarguable, however attractive it might have been”

[2024] UKSC 42 (11 Dec)

supremecourt.uk/uploads/uksc...
December 14, 2024 at 4:37 AM
“[The defendant’s] conduct in refusing to cooperate and telling police to “fuck off” and “shut the fuck up”, was not an “obvious” breach of the peace or a reasonable basis upon which to determine that harm was imminent.”

Donnelly v Lester [2024] ACTSC 393: www.austlii.edu.au/cgi-bin/view...
Donnelly v Lester [2024] ACTSC 393 (11 December 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
www.austlii.edu.au
December 13, 2024 at 9:59 AM
“Telstra has paid a penalty of more than $3 million for failing to comply with emergency call rules during a technical disruption at its Triple Zero emergency call centre.”

www.acma.gov.au/articles/202...
www.acma.gov.au
December 12, 2024 at 9:36 PM
“Charge 1 on the indictment involves conduct by you in Melbourne on one day relating to a consignment of 16 pallets of toilet rolls in a container which had left Malaysia by ship…”

DPP (Cth) v Koo [2024] VCC 1995: www.austlii.edu.au/cgi-bin/view...
DPP (Cth) v Koo [2024] VCC 1995 (12 December 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
www.austlii.edu.au
December 12, 2024 at 9:09 PM
“Measuring success in the ACT’s Drug and Alcohol Sentencing List” | new from ANZSOG’s Sophie Yates (@sophieyates.bsky.social), Lorana Bartels and Meredith Rossner

anzsog.edu.au/app/uploads/...
anzsog.edu.au
December 11, 2024 at 6:29 AM
Reposted by Dr Paul McGorrery
Alternative Law Journal cerebrates 50 years as Australia's leading law reform journal. We publish critical scholarly articles on law, social justice, human rights, critique of the legal system, innovative & alternative practice & community legal education #Auslaw journals.sagepub.com/home/alj
Alternative Law Journal: Sage Journals
journals.sagepub.com
December 10, 2024 at 6:13 AM
“In 2019 … Maurice Blackburn commenced … a class action, against … the Uber group … [by] participants in the taxi and hire car industries in Victoria … Without admission of liability, Uber agreed to pay $271.8 million to settle the proceedings”

www.austlii.edu.au/cgi-bin/view...
Andrianakis v Uber Technologies Inc and Others (Settlement Approval) [2024] VSC 733 (2 December 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
www.austlii.edu.au
December 3, 2024 at 10:24 AM
Interesting new issue of the (open-access) journal @LawTechHum, on “the latest developments in data-driven approaches to law, and its impact on legal practice, education and systems.”

Edited by Rónán Kennedy and Brian Barry

lthj.qut.edu.au/issue/view/140

🧵 of article abstracts below
November 28, 2024 at 1:45 AM
WA Court of Appeal notes that the requirement for sentencing courts to specify the discount for assisting authorities only applies to “future” assistance, so courts can’t apply one discount for *both* past and present assistance.

GRL v WA [2024] WASCA 146: www.austlii.edu.au/cgi-bin/view...
November 27, 2024 at 10:33 PM
The QLD Law Reform Commission has today published a background paper for its review of QLD’s strangulation offence. Consultation paper due mid-2025.

www.qlrc.qld.gov.au/__data/asset...
November 27, 2024 at 3:49 AM
“successful evaluation [by the Centre for Innovative Justice] of the legal services set up [by Victoria Legal Aid] to support the first five specialist family violence courts in Victoria … in line with international best practice”

www.legalaid.vic.gov.au/best-practic...
‘Best-practice’ legal services helping to reduce family violence risk in Victoria
An evaluation of the legal services set up to support Victoria’s first five specialist family violence courts demonstrates the important role holistic legal assistance plays in addressing gender-based...
www.legalaid.vic.gov.au
November 27, 2024 at 12:40 AM
“Doing Time for Men’s Crimes: How Male Violence is Driving Record Numbers of Women into Australia’s Prisons” | new @TheJusticeMap report released today

justicemap.org.au/wp-content/u...
November 26, 2024 at 10:39 PM
“How should the justice system respond when a judge commits a crime?” | Prof Marilyn McMahon, Dean of Deakin Law School, speaking with Damien Carrick on the Law Report.

www.abc.net.au/listen/progr...
How should the justice system respond when a judge commits a crime? - ABC listen
Tasmanian Supreme Court Justice Gregory Geason resigned after he was convicted and sentenced for assault and emotional abuse or intimidation. The Law Report looks at the broader question of how Austra...
www.abc.net.au
November 26, 2024 at 10:14 PM
“Corrupt police misconduct … has significant social consequences. It undermines public confidence in the police force, erodes the morale of honest police officers and can encourage other police to ignore similar behaviour.”

DPP v Symes [2024] VCC 1836: classic.austlii.edu.au/au/cases/vic...
classic.austlii.edu.au
November 25, 2024 at 8:50 AM
Reposted by Dr Paul McGorrery
We are launching our End of Year Appeal. If you value our service please consider making a donation secure.austlii.edu.au/cgi-egate/co...
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Australasian Legal Information Institute (AustLII) - A joint facility of UNSW and UTS
secure.austlii.edu.au
November 25, 2024 at 1:01 AM
Legal profession (professional misconduct)

Khosa v Legal Services and Complaints Committee [2024] WASCA 148: www.austlii.edu.au/cgi-bin/view...
November 23, 2024 at 8:08 AM
Statute of limitations

Basile v Pugh [2024] VSCA 280: www.austlii.edu.au/cgi-bin/view...
November 23, 2024 at 7:32 AM
Sentence appeal (manifest excess, standard sentence)

Kwag v The King [2024] VSCA 279: www.austlii.edu.au/cgi-bin/view...
November 23, 2024 at 7:31 AM
Suppression orders (open justice)

Legal Profession Conduct Commissioner v Belperio (No 2) [2024] SASCA 133: www.austlii.edu.au/cgi-bin/view...
November 23, 2024 at 5:56 AM
Bankruptcy

Ritson v Ryan [2024] QCA 236: www.austlii.edu.au/cgi-bin/view...
November 23, 2024 at 5:52 AM