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Associate Professor Ian Leader-Elliott

Telephone +61 8 8303 4450
Position Associate Professor
Email ian.leaderelliott@adelaide.edu.au
Fax +61 8 8303 4344
Building Ligertwood Building
Floor/Room 3 26
Campus North Terrace
Org Unit Law School

To link to this page, please use the following URL:
http://www.adelaide.edu.au/directory/ian.leaderelliott

Biography/ Background

Ian graduated in Law from the University of Melbourne and completed a JD degree at the University of Chicago as a Fulbright Fellow in 1967-8. He returned to Melbourne University Law School as a senior lecturer where he taught until 1986 when he joined the academic staff of Adelaide University Law School. He has held visiting professorships at Boalt Hall School of Law, University of California (Berkeley) 1974-5 and Bond University School of Law 1990. Ian teaches and researches in the areas of criminal law, sentencing law and criminal codification. He has extensive experience as a consultant to state and federal law reform commissions and similar bodies. He was a consultant to the UK Law Commission in 2005 in its reference on homicide law. From 1990-2000 he was a consultant to the Attorney Generalâ€TMs Department (Cth) on the development of the Model Criminal Code and Commonwealth Criminal Code. He is a member of the Editorial Board of the New Criminal Law Review (University of California Press) and State editor of the Criminal Law Journal (Thompson LBC).

Qualifications

LLB (Melbourne University Law School)
JD (University of Chicago Law School)

Research Interests

Codification of the Criminal Law
Sentencing Law
Criminal Law and Criminal Law Theory Current work in progress includes:
1.      A paper tentatively entitled â€~Two Concepts of Proportionality in the Law of Criminal Punishmentâ€TM.  
2.      An exploration of the evolution of crimes of ulterior intention with particular reference to their origins in counterfeiting law.

Publications

Monographs
1.      The Commonwealth Criminal Code – A Guide for Practitioners (commissioned by the Commonwealth Attorney-Generalâ€TMs Department in association with the Australian Institute of Judicial Administration), 2002.  Geoff McDonald, of the Cwlth Attorney Generalâ€TMs Department, wrote the final section on federal jurisdiction 
2.      Model Criminal Code – Report:  Chapter 4:  Damage and Computer Offences (2001) 
3.      Commonwealth Criminal Code:  Serious Drug Offences in Commonwealth Jurisdiction - Criminal Code and Customs Act 1901:  Discussion Paper (1997)
4.      Model Criminal Code: Chapter 6 - Serious Drug Offences, Report (1998)  

Book Chapters

  1. [Forthcoming] â€~Faultlines Between Guilt and Punishment in Australiaâ€TMs Model Criminal Codeâ€TM, Ch 8 in Regulating Deviance: The Redirection Of Criminalization And The Futures Of Criminal Law (Edited Allan Norrie, Bernadette McSherry & Simon Bronitt, Hart 2008/9)
  2. â€~Recklessness and Moral Desiccation in the Australian Law of Murderâ€TM, Ch 7 of Homicide Law in Comparative Perspective (edited Jeremy Horder, Hart 2007.)
  3. â€~Negotiating Intentions in Trials of Guilt and Punishmentâ€TM Ch 5 in Intention in Law and Philosophy (edited N Naffine, R Owens and J Williams 2001. Ashgate – Dartmouth)
  4. â€~Passion and Insurrection in the Law of Sexual Provocationâ€TM in N Naffine & R Owens, Sexing the Subject of Law (LBC 1997) 149-169.
  5. â€~Intoxication Defences: The Australian Perspectiveâ€TM, Ch 14 in Partial Defences to Murder, edited by Stanley Yeo, (Federation Press, 1991)
  6. [With Prof. C. Howard], â€~The Concept of Recklessness in Criminal Lawâ€TM in Law and Crime: Essays in Honour of Sir John Barry, (ed. N. Morris and M. Perlman, 1972).

Journal Articles

1.â€~â€TMBenthamite Reflections on Codification of the General Principles of Liability: Towards the Panopticonâ€TM (2006) 9 Buffalo Criminal Law Review 391.
2.â€~The Acoustic Separation of the Criminal Law Theorist: Meir Dan-Cohenâ€TMs Harmful Thoughtsâ€TM (2003) 28 Australian Journal of Legal Philosophy 123.
3.[Editorial] â€~Instinctive Synthesisers in the High Courtâ€TM (2002) 26 Criminal Law Journal 5-9.
4.[with Ngaire Naffine] "Wittgenstein, Rape Law and the Language Games of Consent", (2000) 26(1) Monash University Law Review 48.
5.[With Steve Bourchier] The Metamorphoses of John Eddington Jr (1996) 43 Tasmanian Historical Research Association Journal 201.
6.â€~Sex Race and Provocation: In Defence of Stingelâ€TMâ€TM (1996) 20 Crim Law Journal 72
7.â€~Battered But not Beaten: Women Who Kill in Self Defenceâ€TM (1993) 15 Sydney Law Review 403-460
8.â€~Heroin in Australia: The Costs and Consequences of Prohibitionâ€TM, The Journal of Drug Issues, Vol. 16 (131-152) (1986)
9.â€~Prohibitions Against Heroin Use: Can they be Justified?â€TM Aust. and NZ Journal of Criminology, Vol. 19, 225-250 (1986).
10.â€~Regina v Jekyll, sub nom. Hyde: Metaphors of the Divided Self in Criminal Responsibilityâ€TM, Melbourne University Law Review, Vol. 14, 368-409 (1984).
11.â€~Heroin Myths Revisited: The Stewart Reportâ€TM, Criminal Law Journal, Vol. 7, 333-345 (1983).
12.â€~Theft and Related Problems - The Position in England, Australia and the USAâ€TM, International and Comparative Law Quarterly, vol. 26, 110-149 (1977).
13.â€~Excessive Defence in Commonwealth Law: A Commentâ€TM, International and Comparative Law Quarterly, vol. 22, 727-740 (1973).
14.â€~Mistakes Accidents and the Will: The Australian Criminal Codesâ€TM, (1972) 46 Australian Law Journal, Part I, 255, Part II, 328.
15.â€~Responsibility for Involuntary Actsâ€TM, (1968) 41 Australian Law Journal 497.

Expertise for Media Contact

CategoriesLaw, crime and justice
ExpertiseCriminal law theory; illicit drugs; sex offences; domestic violence/homicide; law of murder, sentencing law; codification of criminal law; Commonwealth Criminal Code
NotesFu1bright Fellow, University of Chicago 1967-8; Visiting professorships: Boalt Hall School of Law, University of California; Berkeley; Bond University Law; Consultancies: UK Law Commission (Homicide reference); Commonwealth AG Dept (Model Criminal Code Project; Member, editorial boards: New Criminal Law Review (U Cal Press); Criminal Law Journal (Thompson LBC)
Mobile0419 807 454
After hours08 8339 5545

Entry last updated: Sunday, 22 Nov 2009

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