Ms Kellie Toole

Ms Kellie Toole
  Org Unit Law School
  Telephone +61 8 8313 4440
  Location Floor/Room 2 07 ,  Ligertwood Building ,   North Terrace

I joined the permanent staff of the Adelaide Law School in 2012. I teach in: 

       Evidence Law

       Criminal Law and Procedure

       Graduate Diploma in Legal Practice

My interest in both legal practice and research is at the intersection of criminal law and human rights law. I worked with legal aid criminal clients in private practice and for the Legal Services Commission of SA in 2008 and 2009.

I was a researcher with the Mullighan Parliamentary Inquiry into child sexual abuse on the APY Lands in 2007 and 2008.

In 2006 I interned at the Gulf Region Advocacy Center (GRACE) in Houston Texas, through a placement with Reprieve Australia. This involved working with lawyers to represent poor people facing the death penalty.

I am always happy to chat about any of my teaching or research interests or work experience so feel free to give me a call or drop me an email.

Bachelor of Arts (Honours)

Master of Arts (History)

Bachelor of Law and Legal Practice (Honours) (University Medal)

Rape (especially marital rape), murder, defences to homicide, domestic violence offences

Peer Reviewed


'The Making of Prosecutorial Decisions in Australia' (2014) 39(4) Brief, Alternative Law Journal 268.


South Australian Criminal Law: Review and Critique (LexisNexis Butterworths, 2014) (with David Caruso, Rhain Buth, Mary Heath, Ian Leader-Elliott, Patrick Leader-Elliott, Ngaire Naffine and David Plater).


'Defensive Homicide on Trial' (2013) 39(2) Monash University Law Review 473.


'The Practical Knowledge Conundrum: What Practical Knowledge Should be Included in a Law School Curriculum and How Can it be Taught?' (2013) 35(4) New Zealand Universities Law Review 980 (with Anne Hewitt).


'South Australia and the Defence of Provocation' (2013) 38(4) Brief, Alternative Law Journal 270.


'Self-Defence and the Reasonable Woman: Equality Before the New Victorian Law' (2012) 36 Melbourne University Law Review 251.


'Marital Rape in South Australia: R v P, GA' (2011) 35(4) Criminal Law Journal 237.


'Rape in Marriage in South Australian Law: Return to the 1960s?' (2011) 36(3) Brief, Alternative Law Journal 194.


Articles are available at Social Sciences Research  Network   (SSRN):



'Time for South Australia to Adopt the Uniform Evidence Act' (December 2014) Law Society Bulletin (with Catherine Branson)


'Review of Mental Impairment Defence' (2014) 39(2) Down Under All Over, Alternative Law Journal


'From Failure to Hope: Lawyer Regulation in South Australia' (2014) 39(1) Down Under All Over, Alternative Law Journal (with Suzanne Le Mire)


'Admission of "Bad Character" Evidence' (2013) 38(4) Down Under All Over, Alternative Law Journal



'Students Open Up About Mental Health and Well-Being' (December 2013) Law Society Bulletin (with Mark Giancaspro and Corinne Walding)



'Evidence (Identification) Bill 2012 (SA)' (2013) 38(1) Down Under All Over, Alternative Law Journal



'Three Plead Guilty to Bestiality Offences' (2012) 37(4) Down Under All Over, Alternative Law Journal



'Marital Rape: High Court Decision Handed Down' (2012) 37(3) Down Under All Over, Alternative Law Journal



'Evidence (Discreditable Conduct) Amendment Act 2011 (SA)' (2011) 36(4) Down Under All Over, Alternative Law Journal (with David Caruso)



'Law Institute for South Australia' (2011) 36(1) Down Under All Over, Alternative Law Journal



South Australian Convenor for the Alternative Law Journal

Adelaide Law School Health and Well-Being Officer

Member, National Tertiary Education Union (NTEU) Branch Committee

Member, National Tertiary Education Union (NTEU) National Council

NTEU  delegate

NTEU representative on SA Union


Recent Media

Twitter @KellieToole 

Radio Adelaide Breakfast, 'Out on Parole' 19 June 2015

The Advertiser, Opinion, 'SA Should Abolish Provocation' 2 June 2015

Gay News Network, 'Calls for South Australia to End the 'Provocation' Defence Entirely' 2 June 2015

The Advertiser, 'Murder Loophole' 29 May 2015

The World Today, 'South Australia Review 'Gay Panic' Murder Defence' 18 May 2015

The Conversation, 'Queensland Still Failing to Act on Medieval Murder Defence' 5 May 2015 

The Conversation, 'Don't Expect World First Impact Statement to Transform Sentencing' 19 January 2015 (with Adam Webster)

Radio National, Drive with Waleed Aly 'How Fair is the US Grand Jury System?' 4 December 2014

The Conversation, 'Only in America: Why Australia is Right not to have Grand Juries' 27 November 2014

Today Tonight, Interview with Rosanna Mangiarelli, 'Plea Bargaining' 20 November 2014

InDaily, 'Plea Bargaining: Who Gets the Best Deal?' 18 November 2014

The Conversation, 'In Plea Bargaining, Who Really Gets the Bargain?' 14 November 2014

The Conversation, 'Lawyers for Victims of Crime Won't Guarantee Better Results' 20 June 2014

Radio Adelaide, Left, Right and Centre, 'Domestic Violence within Australian Culture' 4 June 2014

Independent Australia, 'Time to Stop Protecting the Protectors of Child Sex Abusers' 7 February 2014

Radio Adelaide, Breakfast, 'Implementing 'One Punch' Laws' 5 February 2014

The Advertiser, Opinion, 'Time to End, Not Extend, The Legal Institution of Marriage' 22 October 2013 also available at

Adelaide Law School blog, 'Parliament Responds to McGee case on 10 Year Anniversary' 14 October 2013 (with Suzanne Le Mire)

Online Opinion, 'Same Sex (Same Old) Marriage' 20 September 2013

The Age, 'Murder Law Reform Considered' 28 May 2013

Public Law Research Community, 'Panic About the "Gay Panic" Defence - SA Reform to Provocation Proposed' 22 May 2013

Public Law Research Community, 'The Flip Side of Double Jeopardy - Australian First for Prisoners' Right to Appeal' 4 April 2013

Public Law Research Community, 'End of the Line for Police ‘Line-ups’ in South Australia? 21 March 2013

Today Tonight, Interview with Francesca Belperio, 'Court Enforcement Fees' 24 January 2013

InDaily, 'Startling Trend Shifts Power from Judiciary to Police' (on court enforcement fees) 23 January 2013

InDaily, 'Police get their Way after Opposition Backflip' (on Evidence (Identification) Amendment Bill 2011) 17 October 2012

The Punch, 'Pepper Spray: A Means of Self-Defence?' 3 October 2012

IntLawGrrls: Voices on International Law, Policy, Practice, 'Reconsidering the Marital Rape Immunity' 24 August 2012

ABC Radio National PM, 'Man Can be Tried for Decades-Old Rape in Marriage' 30 May 2012

ABC TV News, 'Man Loses High Court Rape-in-Marriage Appeal' 30 May 2012

Saturday Afternoon Talkback, FIVEaa Adelaide, Death Penalty and Human Rights in the United States, 11 October 2009

The Adelaide Review, 'The Quality of Mercy', cover story on death penalty internship, October 2009

CategoriesLaw, Crime & Justice
Expertisecriminal law; domestic violence; self-defence; rape; homicide; human rights; evidence law

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Entry last updated: Sunday, 24 Jan 2016

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