Andrew Dyer

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

16

DOWNLOADS
Rank 28,832

SSRN RANKINGS

Top 28,832

in Total Papers Downloads

1,730

SSRN CITATIONS

4

CROSSREF CITATIONS

3

Scholarly Papers (16)

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 303 (107,186)

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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 227 (144,259)

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

3.

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 184 (175,431)
Citation 1

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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

4.

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 179 (179,810)

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

5.

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 122 (245,922)

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

6.

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 121 (247,439)

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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

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 101 (281,209)
Citation 1

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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.

He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen

A. Dyer and D. Hamer, "He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen", Sydney Law Review, 42:1, 2020, Forthcoming, Sydney Law School Research Paper No. 20/07
Number of pages: 14 Posted: 20 Feb 2020
Andrew Dyer and David A. Hamer
The University of Sydney Law School and The University of Sydney Law School
Downloads 94 (294,680)

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unreasonable verdicts, historical sexual offending, Pell v The Queen, High Court of Australia, judicial restraint

9.

‘[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 84 (316,094)
Citation 2

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hate crime law, sentencing, hate crime, prejudiced motive

10.

'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 58 (386,600)

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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

11.

(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 58 (386,600)

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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

12.

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 53 (403,219)

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

13.

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 45 (432,191)

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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

14.

Progressive Punitiveness in Queensland

Dyer, A., "Progressive Punitiveness in Queensland", Australian Bar Review, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/02
Number of pages: 55 Posted: 21 Jan 2020
Andrew Dyer
The University of Sydney Law School
Downloads 44 (436,017)

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rape law reform, Queensland, reasonable belief in consent, absolute liability for rape and sexual assault, absolute liability and human rights

15.

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 32 (487,932)

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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

16.

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 25 (525,490)

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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