Sentencing in fraud cases

This monograph examines the reasons for recent reforms to the legislative framework for fraud, forgery and identity offences in NSW, and makes comparisons with Commonwealth and interstate provisions in light of the objective of national consistency. The increase in maximum penalties evinces a clear intention by Parliament that the courts are to treat these crimes as serious and that harsher sentences are to be imposed. This study: examines the reasons for the reforms sets out the legislative framework for fraud, forgery and identity offences in NSW makes comparisons with Commonwealth and interstate provisions in light of the objective of national consistency concludes with a discussion of the applicable sentencing principles in such cases. The fraud, forgery and identity offences in NSW are to be prosecuted summarily unless an election is made to proceed on indictment. Early indications that lower numbers of offences are being sentenced in the District Court than in the Local Court seem to confirm that the bulk of these offences will be dealt with summarily, but may also reflect that major frauds often take considerable time to detect and then prosecute

mNCEA policy brief - Mind the Gap – The need to continue long-term plankton monitoring

This policy brief argues that while it is beneficial to explore novel plankton survey technology, it is essential that we also continue to maintain traditional long-term monitoring programmes to generate the necessary information to inform policy. Changes in plankton have important implications for the continued provision of ecosystem services, including supporting commercial fish stocks, carbon sequestration, and oxygen production. Such changes can only be detected by studying long-term, consistent plankton datasets which are needed to understand the pressures driving these changes and how we can manage them. Traditional long-term plankton monitoring relies on light microscopy to identify and count plankton taxa, with methods fully supported by national / international QA/QC standards and providing high quality trusted data. Novel technologies, including imaging and molecular methods, offer more efficient means of collecting some types of plankton data, filling targeted knowledge gaps left by traditional monitoring. However, these data are often semi-quantitative, lacking in QA/QC standards, and/or in taxonomic resolution. While these technologies are developed it remains critical to maintain the continuity of traditional plankton monitoring to inform policy assessments of important changes in biodiversity. Losing these time-series, many of which span multiple decades, would impair our ability to detect important change in pelagic habitats, as most changes cannot be detected from short-term data. This would also accelerate the loss of taxonomic expertise, already under threat globally, diminishing our UK skill-base. Novel technologies should be explored in parallel to traditional monitoring, as they can provide complementary data to support policy assessments and research, however, it is important that we do not attempt to replace traditional monitoring with new technology before it has been thoroughly integrated into long-term monitoring programmes. This project was funded by the Department for Environment, Food and Rural Affairs (Defra) as part of the marine arm of the Natural Capital and Ecosystem Assessment (NCEA) programme. The marine NCEA programme is leading the way in supporting Government ambition to integrate natural capital approaches into decision making for the marine environment. Find out more at https://www.gov.uk/government/publications/natural-capital-and-ecosystem-assessment-programme

From microscope to management: the critical value of plankton taxonomy to marine policy and biodiversity conservation

Taxonomic information provides a crucial understanding of the most basic component of biodiversity – which organisms are present in a region or ecosystem. Taxonomy, however, is a discipline in decline, at times perceived as ‘obsolete’ due to technical advances in science, and with fewer trained taxonomists and analysts emerging each year to replace the previous generation as it retires. Simultaneously, increasing focus is turned towards sustainable management of the marine environment using an ecosystem approach, and towards conserving biodiversity, key species, and habitats. Sensitive indicators derived from taxonomic data are instrumental to the successful delivery of these efforts. At the base of the marine food web and closely linked to their immediate environment, plankton are increasingly needed as indicators to support marine policy, inform conservation efforts for higher trophic organisms, and protect human health. Detailed taxonomic data, containing information on the presence/absence and abundance of individual plankton species, are required to underpin the development of sensitive species- and community-level indicators which are necessary to understand subtle changes in marine ecosystems and inform management and conservation efforts. Here the critical importance of plankton taxonomic data is illustrated, and therefore plankton taxonomic expertise, in informing marine policy and conservation and outline challenges, and potential solutions, facing this discipline

The Continuous Plankton Recorder survey: how can long-term phytoplankton datasets contribute to the assessment of Good Environmental Status?

Phytoplankton are crucial to marine ecosystem functioning and are important indicators of environmental change. Phytoplankton data are also essential for informing management and policy, particularly in supporting the new generation of marine legislative drivers, which take a holistic ecosystem approach to management. The Marine Strategy Framework Directive (MSFD) seeks to achieve Good Environmental Status (GES) of European seas through the implementation of such a management approach. This is a regional scale directive which recognises the importance of plankton communities in marine ecosystems; plankton data at the appropriate spatial, temporal and taxonomic scales are therefore required for implementation. The Continuous Plankton Recorder (CPR) survey is a multidecadal, North Atlantic–basin scale programme which routinely records approximately 300 phytoplankton taxa. Because of these attributes, the survey plays a key role in the implementation of the MSFD and the assessment of GES in the Northeast Atlantic region. This paper addresses the role of the CPR's phytoplankton time-series in delivering GES through the development and informing of MSFD indicators, the setting of targets against a background of climate change and the provision of supporting information used to interpret change in non-plankton indicators. We also discuss CPR data in the context of other phytoplankton data types that may contribute to GES, as well as explore future possibilities for the use of new and innovative applications of CPR phytoplankton datasets in delivering GES. Efforts must be made to preserve long-term time series, such as the CPR, which supply vital ecological information used to informed evidence-based environmental policy

Adding 6 months of androgen deprivation therapy to postoperative radiotherapy for prostate cancer: a comparison of short-course versus no androgen deprivation therapy in the RADICALS-HD randomised controlled trial

Background Previous evidence indicates that adjuvant, short-course androgen deprivation therapy (ADT) improves metastasis-free survival when given with primary radiotherapy for intermediate-risk and high-risk localised prostate cancer. However, the value of ADT with postoperative radiotherapy after radical prostatectomy is unclear. Methods RADICALS-HD was an international randomised controlled trial to test the efficacy of ADT used in combination with postoperative radiotherapy for prostate cancer. Key eligibility criteria were indication for radiotherapy after radical prostatectomy for prostate cancer, prostate-specific antigen less than 5 ng/mL, absence of metastatic disease, and written consent. Participants were randomly assigned (1:1) to radiotherapy alone (no ADT) or radiotherapy with 6 months of ADT (short-course ADT), using monthly subcutaneous gonadotropin-releasing hormone analogue injections, daily oral bicalutamide monotherapy 150 mg, or monthly subcutaneous degarelix. Randomisation was done centrally through minimisation with a random element, stratified by Gleason score, positive margins, radiotherapy timing, planned radiotherapy schedule, and planned type of ADT, in a computerised system. The allocated treatment was not masked. The primary outcome measure was metastasis-free survival, defined as distant metastasis arising from prostate cancer or death from any cause. Standard survival analysis methods were used, accounting for randomisation stratification factors. The trial had 80% power with two-sided α of 5% to detect an absolute increase in 10-year metastasis-free survival from 80% to 86% (hazard ratio [HR] 0·67). Analyses followed the intention-to-treat principle. The trial is registered with the ISRCTN registry, ISRCTN40814031, and ClinicalTrials.gov, NCT00541047. Findings Between Nov 22, 2007, and June 29, 2015, 1480 patients (median age 66 years [IQR 61–69]) were randomly assigned to receive no ADT (n=737) or short-course ADT (n=743) in addition to postoperative radiotherapy at 121 centres in Canada, Denmark, Ireland, and the UK. With a median follow-up of 9·0 years (IQR 7·1–10·1), metastasis-free survival events were reported for 268 participants (142 in the no ADT group and 126 in the short-course ADT group; HR 0·886 [95% CI 0·688–1·140], p=0·35). 10-year metastasis-free survival was 79·2% (95% CI 75·4–82·5) in the no ADT group and 80·4% (76·6–83·6) in the short-course ADT group. Toxicity of grade 3 or higher was reported for 121 (17%) of 737 participants in the no ADT group and 100 (14%) of 743 in the short-course ADT group (p=0·15), with no treatment-related deaths. Interpretation Metastatic disease is uncommon following postoperative bed radiotherapy after radical prostatectomy. Adding 6 months of ADT to this radiotherapy did not improve metastasis-free survival compared with no ADT. These findings do not support the use of short-course ADT with postoperative radiotherapy in this patient population

Duration of androgen deprivation therapy with postoperative radiotherapy for prostate cancer: a comparison of long-course versus short-course androgen deprivation therapy in the RADICALS-HD randomised trial

Background Previous evidence supports androgen deprivation therapy (ADT) with primary radiotherapy as initial treatment for intermediate-risk and high-risk localised prostate cancer. However, the use and optimal duration of ADT with postoperative radiotherapy after radical prostatectomy remains uncertain. Methods RADICALS-HD was a randomised controlled trial of ADT duration within the RADICALS protocol. Here, we report on the comparison of short-course versus long-course ADT. Key eligibility criteria were indication for radiotherapy after previous radical prostatectomy for prostate cancer, prostate-specific antigen less than 5 ng/mL, absence of metastatic disease, and written consent. Participants were randomly assigned (1:1) to add 6 months of ADT (short-course ADT) or 24 months of ADT (long-course ADT) to radiotherapy, using subcutaneous gonadotrophin-releasing hormone analogue (monthly in the short-course ADT group and 3-monthly in the long-course ADT group), daily oral bicalutamide monotherapy 150 mg, or monthly subcutaneous degarelix. Randomisation was done centrally through minimisation with a random element, stratified by Gleason score, positive margins, radiotherapy timing, planned radiotherapy schedule, and planned type of ADT, in a computerised system. The allocated treatment was not masked. The primary outcome measure was metastasis-free survival, defined as metastasis arising from prostate cancer or death from any cause. The comparison had more than 80% power with two-sided α of 5% to detect an absolute increase in 10-year metastasis-free survival from 75% to 81% (hazard ratio [HR] 0·72). Standard time-to-event analyses were used. Analyses followed intention-to-treat principle. The trial is registered with the ISRCTN registry, ISRCTN40814031, and ClinicalTrials.gov , NCT00541047 . Findings Between Jan 30, 2008, and July 7, 2015, 1523 patients (median age 65 years, IQR 60–69) were randomly assigned to receive short-course ADT (n=761) or long-course ADT (n=762) in addition to postoperative radiotherapy at 138 centres in Canada, Denmark, Ireland, and the UK. With a median follow-up of 8·9 years (7·0–10·0), 313 metastasis-free survival events were reported overall (174 in the short-course ADT group and 139 in the long-course ADT group; HR 0·773 [95% CI 0·612–0·975]; p=0·029). 10-year metastasis-free survival was 71·9% (95% CI 67·6–75·7) in the short-course ADT group and 78·1% (74·2–81·5) in the long-course ADT group. Toxicity of grade 3 or higher was reported for 105 (14%) of 753 participants in the short-course ADT group and 142 (19%) of 757 participants in the long-course ADT group (p=0·025), with no treatment-related deaths. Interpretation Compared with adding 6 months of ADT, adding 24 months of ADT improved metastasis-free survival in people receiving postoperative radiotherapy. For individuals who can accept the additional duration of adverse effects, long-course ADT should be offered with postoperative radiotherapy. Funding Cancer Research UK, UK Research and Innovation (formerly Medical Research Council), and Canadian Cancer Society

Trial by jury: recent developments

Rowena Johns summarises key events in the development of the jury system in New South Wales. She looks at the types of courts and cases that involves juries, and at current jury procedures, and provides an overview of current issues including the impact of prejudicial publicity on juries, the question of majority verdicts and the proposal to involve jury in sentencing process

Sentencing "gang rapists": The Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001

The focus of this paper is on the legislative and political background to the Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001. It looks first at the present legal position and the historical background to the relevant provisions in the Crimes Act. The decision in Regina v AEM (jnr) & AEM (snr) & KEM is then outlined and the main responses to it set out. Next, the relevant case law and available statistical information is considered. A brief discussion of guideline judgments follows, including an summary of the relevant approach taken in England and Wales where a guideline judgment on rape was issued in 1986 by the English Court of Appeal (Criminal Division) in R v Billam. The paper ends with a section on sentencing juveniles

Child sexual offences: An update on initiatives in the criminal justice system

This briefing paper examines some of the developments in 2002-03 in court procedures involving child sexual assault complainants. It also explores methods of monitoring convicted child sex offenders. While the paper focuses on initiatives in the New South Wales criminal justice system, comparisons are made to other Australian jurisdictions and to the United Kingdom