‘Jalal’s Law’: Driving the Law in the Wrong Direction

International Journal for Crime, Justice and Social Democracy, 2020

18 Pages Posted: 16 Mar 2020

See all articles by Arie Freiberg

Arie Freiberg

Monash University - Faculty of Law

Date Written: February 11, 2020

Abstract

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.

Keywords: Constructive crimes, driving offenses, instinctive irrationalism, sentencing

JEL Classification: J18

Suggested Citation

Freiberg, Arie, ‘Jalal’s Law’: Driving the Law in the Wrong Direction (February 11, 2020). International Journal for Crime, Justice and Social Democracy, 2020. Available at SSRN: https://ssrn.com/abstract=3539896 or http://dx.doi.org/10.2139/ssrn.3539896

Arie Freiberg (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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