Andrew Dyer

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

14

DOWNLOADS
Rank 33,275

SSRN RANKINGS

Top 33,275

in Total Papers Downloads

1,369

SSRN CITATIONS

2

CROSSREF CITATIONS

3

Scholarly Papers (14)

1.

The Problem of Media Entrapment

Criminal Law Review, Vol. 2015, No. 5, pp. 311-331, 2015, Sydney Law School Research Paper No. 15/57
Number of pages: 34 Posted: 25 Jun 2015
Andrew Dyer
The University of Sydney Law School
Downloads 260 (119,226)

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Entrapment, media, stay of proceedings, abuse of process, United Kingdom

2.

Freedom of Expression and the Advocacy of Violence: Which Test Should the European Court of Human Rights Adopt?

Netherlands Quarterly of Human Rights, Vol. 3, No. 1, pp. 78-107, 2015, Sydney Law School Research Paper No. 14/96
Number of pages: 37 Posted: 15 Nov 2014 Last Revised: 01 Apr 2015
Andrew Dyer
The University of Sydney Law School
Downloads 224 (138,536)

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Freedom of expression, European Court of Human Rights, advocacy of violence

3.

Pre-Crime Control Measures: Anti-Association Laws

CRIMINALISATION AND CRIMINAL RESPONSIBILITY IN AUSTRALIA, T. Crofts, A. Loughnan, eds, Oxford University Press: UK, 2015, Sydney Law School Research Paper No. 15/56
Number of pages: 17 Posted: 25 Jun 2015
Andrew Dyer
The University of Sydney Law School
Downloads 177 (172,392)

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Criminalisation, association offences, remote harms, criminal organisations legislation, 'anti-bikie laws', Australia

4.

Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to be Changed (Except in One Minor Respect)

A. Dyer, "Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to be Changed (Except in One Minor Respect)", Criminal Law Journal, 43, 2019, pp.78 - 100, Sydney Law School Research Paper No. 19/50
Number of pages: 24 Posted: 16 Aug 2019
Andrew Dyer
The University of Sydney Law School
Downloads 160 (188,115)

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sexual assault law reform, New South Wales, R v Lazarus, Criminal Code 1924 (Tas) s 2A(2)(a), affirmative consent, reasonable belief, reasonable grounds for belief, 'steps' to ascertain consent

5.

Irreducible Life Sentences: What Difference Have the European Convention on Human Rights and the UK Human Rights Act Made?

Human Rights Law Review, Vol. 16, No. 3, pp. 541-584, 2016, Sydney Law School Research Paper No. 15/99
Number of pages: 42 Posted: 15 Dec 2015 Last Revised: 18 Sep 2016
Andrew Dyer
The University of Sydney Law School
Downloads 111 (250,579)

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Irreducible life sentences, torture and inhuman or degrading treatment, Vinter v United Kingdom, Article 3 European Convention on Human Rights, Australia, charters of rights

6.

‘[A] Negation of Australia's Fundamental Values’: Sentencing Prejudice-Motivated Crime

Melbourne University Law Review, Vol. 36, No. 3, pp. 871-914, 2013, Sydney Law School Research Paper No. 13/21
Number of pages: 33 Posted: 04 Apr 2013 Last Revised: 29 Sep 2014
Gail Mason and Andrew Dyer
The University of Sydney Law School and The University of Sydney Law School
Downloads 80 (310,017)
Citation 2

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hate crime law, sentencing, hate crime, prejudiced motive

7.

Mistakes That Negate Apparent Consent

A. Dyer, "Mistakes That Negate Apparent Consent", Criminal Law Journal, 43, 2019, pp. 159 - 179, Sydney Law School Research Paper No. 19/51
Number of pages: 22 Posted: 16 Aug 2019
Andrew Dyer
The University of Sydney Law School
Downloads 65 (348,043)

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mistakes, consent, sexual assault, Australian jurisdictions, stealthing, lies about or failure to disclose HIV positive status, deceiving sex worker about payment

8.

The Mens Rea for Sexual Assault, Sexual Touching and Sexual Act Offences in New South Wales: Leave it Alone (Although You Might Consider Imposing an Evidential Burden on the Accused)

A. Dyer, "The Mens Rea for Sexual Assault, Sexual Touching and Sexual Act Offences in New South Wales: Leave it Alone (Although You Might Consider Imposing an Evidential Burden on the Accused)", Australian Bar Review, 2019, (Forthcoming), Sydney Law School Research Paper No. 19/57
Number of pages: 39 Posted: 06 Sep 2019
Andrew Dyer
The University of Sydney Law School
Downloads 62 (356,577)

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sexual assault law reform, New South Wales, mens rea, Luke Lazarus, negligent sexual assault, evidential burdens

9.

'Australian Position' Concerning Criminal Complicity: Principle, Policy or Politics?

Sydney Law Review, Vol. 40 , No. 2, 2018, Sydney Law School Research Paper No. 18/43
Number of pages: 31 Posted: 03 Aug 2018 Last Revised: 07 Aug 2018
Andrew Dyer
The University of Sydney Law School
Downloads 51 (391,254)

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Criminal complicity, accessorial liability, joint criminal enterprise, extended joint criminal enterprise, Jogee v The Queen, Miller v The Queen, change of normative position, judicial reasoning

10.

(Grossly) Disproportionate Sentences: Can Charters of Rights Make a Difference?

Monash University Law Review, Vol. 43, No. 1, pp. 195-237, 2017, Sydney Law School Research Paper No. 16/97
Number of pages: 58 Posted: 08 Nov 2016 Last Revised: 21 Oct 2017
Andrew Dyer
The University of Sydney Law School
Downloads 51 (391,254)

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Grossly disproportionate sentences, mandatory sentencing, Article 3 European Convention on Human Rights, human rights charters, Chapter III of the Commonwealth Constitution, separation of judicial power, Australia, United Kingdom, Canada, United States

11.

IL v The Queen: Joint Criminal Enterprise and the Constructive Murder Rule: Is this Where Their 'Logic Leads You'?

Sydney Law Review, Vol. 39, No. 2, pp. 245-255, 2017, Sydney Law School Research Paper No. 17/32
Number of pages: 13 Posted: 18 Apr 2017 Last Revised: 27 Jul 2017
Andrew Dyer
The University of Sydney Law School
Downloads 47 (405,003)

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Constructive murder, joint criminal enterprise, extended joint criminal enterprise, IL v The Queen, malice

12.

Yes! To Communication About Consent; No! To Affirmative Consent: A Reply to Anna Kerr

A. Dyer, "Yes! to Communication about Consent; No! to Affirmative Consent: A Reply to Anna Kerr", Griffith Journal of Law and Human Dignity, Vol. 7 No. 1 2019, pp17-56, Sydney Law School Research Paper No. 19/58
Number of pages: 31 Posted: 06 Sep 2019 Last Revised: 24 Oct 2019
Andrew Dyer
The University of Sydney Law School
Downloads 34 (456,482)

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communicative consent, affirmative consent, Lazarus litigation, sexual assault law reform, New South Wales, consent and persuasion, consent and threats, consent and mistakes

13.

Can Charters of Rights Limit Penal Populism?: The Case of Preventive Detention

Monash University Law Review (Forthcoming), Sydney Law School Research Paper No. 18/44
Number of pages: 66 Posted: 06 Aug 2018
Andrew Dyer
The University of Sydney Law School
Downloads 25 (501,380)

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Preventive detention and human rights, penal populism, Chapter III of the Commonwealth Constitution, constitutional restrictions on preventive detention in Australia, restrictions on preventive detention in Europe, effectiveness of human rights charters, judicial reasoning

14.

The Osland 'Wrong Turn' and the Problems that Fictions Produce

Dyer, A., "The Osland 'Wrong Turn' and the Problems that Fictions Produce," UNSW Law Journal, 42:2, 2019, pp. 500 - 533, Sydney Law School Research Paper No. #19/36
Number of pages: 35 Posted: 23 Jun 2019
Andrew Dyer
The University of Sydney Law School
Downloads 22 (518,679)

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criminal complicity, joint criminal enterprise, secondary liability, direct liability, innocent agency, procuring an actus reus, Osland v The Queen, IL v The Queen