Dr David Plater

Dr David Plater
 Position Deputy Director - SA Law Reform Institute
 Org Unit Adelaide Law School
 Email david.plater@adelaide.edu.au
 Telephone +61 8 8313 0921
 Location Floor/Room 4 07a ,  Ligertwood Building ,   North Terrace
  • Biography/ Background

    David Plater worked for a number of years with the Crown Prosecution Service in Kent and London. He was a Senior Crown Prosecutor at the Youth and Inner London Crown Court branch of the CPS. He subsequently worked from 2008 to 2018 with the State DPP in South Australia and then the State Attorney-General's Department where he was involved with such projects as the Disability Justice Plan and the Statutes Amendment (Vulnerable Witnesses) Act 2015. He has previously lectured at the University of South Australia and the University of Tasmania (where he retains a role as an Adjunct Senior Lecturer). His PhD from the University of Tasmania in 2011 examined the development and modern application of the role of the prosecution lawyer as a 'minister of justice'. He is currently a Senior Lecturer at the University of Adelaide and is Deputy Director of the South Australian Law Reform Institute based at the Adelaide Law School.

     

     

      

  • Qualifications

    Bachelor of Arts and Bachelor of Laws: Monash University

    Master of Laws: Inns of Court Law School, City University, London, 2003 

    PhD: University of Tasmania, 2011    

     

     

     

     

     

  • Awards & Achievements

    Teaching Excellence Awards at University of South Australia in 2011 and 2013; University of Tasmania 2014

  • Teaching Interests

    Advocacy, Criminal Law and Procedure, Evidence, Law Reform, Sentencing

     

     

  • Research Interests

    Prosecution Role and Discretion

    Vulnerable Parties in the Criminal Justice System

    Sentencing of Sexual Offenders

    Prerogative of Mercy and Exercise of Death Penalty in 19th Century

    Gender and Crime in 19th Century 

  • Research Funding

    In 2013, David was part of a national team of researchers led by Professor Kate Warner of the University of Tasmania who were awarded an Australian Research Council Linkage grant of $252,124 to conduct an ongoing national study aimed at gauging informed public opinion on sentencing for sex offences by surveying the views of jurors in sex offence trials in all higher courts in Australia.

     

  • Publications

    Articles/ Book Chapters

    David Plater and Victoria Geason, ‘“The Prisoners could not have that Fair and Impartial Trial which Justice Demands”: A Fair Criminal Trial in 19th-Century Australia’, accepted for publication in the forthcoming edition of the Canterbury Law Review   

    David Plater and Sue Milne, ‘Assuredly there never was Murder More Foul and more Unnatural”? Poisoning, Women and Murder in 19th Century Australia’, accepted for publication in the forthcoming edition of the Canterbury Law Review

    David Plater, Sarah Moulds and John Williams, ‘Law and Order’ in John Spoehr (ed), South Australia: State of Transformation (Wakefield Press, 2018) 113-134  

    David Plater and Kellie Toole, ‘Derivative Liability and South Australia's New Firearms Law: “Inherently Dangerous” or the “Best Gun Laws in the Country”?  (2018) 42 Criminal Law Journal  261-269

    David Plater, Madeleine Thompson, Sarah Moulds, John Williams and Anita Brunacci, Surrogacy: A Legislative Framework: a Review of Part 2B of the Family Relationships Act 1975 (SA) (South Australia Law Reform Institute, 2018)  

    David Plater, David Bleby QC, Lucy Line, Megan Lawson, Amy Teakle, Katherine O'Connell and Kate Fitz-Gibbon, The Provoking Operation of Provocation: Stage 2 (South Australian Law Reform Institute, Adelaide, 2018)

    David Plater, Nancy Dettmold, Sylvia Villios, Natalie Williams and Sarah Moulds, Distinguishing between the Deserving and the Undeserving: Family Provision Laws in South Australia (South Australian Law Reform Institute, Adelaide, 2017)

    David Plater and Sylvia Villios, Who may Inspect a Will (South Australian Law Reform Institute, Adelaide, 2017)

    David Plater, Lucy Line and Kate Fitz-Gibbon, The Provoking Operation of Provocation: Stage 1 (South Australian Law Reform Institute, Adelaide, 2017)   

    David Plater, ‘“Setting the Boundaries of Acceptable Behaviour”? South Australia's Latest Legislative Response to Revenge Pornography’ (2016) 2 University of South Australia Student Law Review 77-95

     David Plater, Matthew Goode, Colette Langos and Nicholas Crawford, ‘Chapter 6: Non-Fatal Offences against the Person’ in David Caruso, Rhain Buth, Mary Heath, Ian Leader-Elliott, Patrick Leader-Elliott, Ngaire Naffine, David Plater and Kellie Toole, South Australian Criminal Law: Review and Critique (2nd ed, LexisNexis Butterworths, 2016)

    David Plater and Kellie Toole, ‘Suppliers of Illegal Firearms Responsible for their Future Use’ (2016) 41 Alternative Law Journal 139 

    Lucy Line, Claire Wyld and David Plater, ‘Pre-Trial Defence Disclosure in South Australian Criminal Proceedings: Time for Change?’ (2016) 37 Adelaide Law Review 101

    Lucy Line and David Plater, ‘Police, Prosecutors and Ex-Parte Public Interest Immunity Claims: The Use of Special Advocates in Australia’ (2014) 33(2) University of Tasmania Law Review 255-299

    David Plater and Sue Milne, ‘“All that's Good and Virtuous or Depraved and Abandoned in the Extreme”? Capital Punishment and Mercy for Female Offenders in colonial Australia, 1824 to 1865’, (2014) 33(1) University of Tasmania Law Review 83-140

    Phoebe Bowden, Terese Henning and David Plater, ‘Balancing Fairness to Victims, Society and Defendants in the Cross-Examination of Vulnerable Witnesses: an Impossible Triangulation’? (2014) 37 Melbourne University Law Review 539-584

    David Plater and Penny Crofts, ‘Bushrangers, the Exercise of Mercy and “the last Penalty of the Law” in New South Wales and Tasmania, 1824-1856' (2013) 32 University of Tasmania Law Review 295-343

    David Plater, Joanne Duncan, Sue Milne, ‘“Innocent Victim of Circumstance” or “a Very Devil Incarnate”? The Trial and Execution of Elizabeth Woolcock in South Australia in 1873’ (2013) 15 Flinders Law Journal 315-380

    David Plater and Katherine Cashman, ‘Chapter 6: Non-Fatal Offences against the Person’ in David Caruso, Rhain Buth, Mary Heath, Ian Leader-Elliott, Patrick Leader-Elliott, Ngaire Naffine, David Plater and Kellie Toole, South Australian Criminal Law: Review and Critique (LexisNexis Butterworths, 2013)

    David Plater, Lucy Line and Rhiannon Davies, ‘The Schleswig-Holstein Question of the Criminal Law Finally Resolved? An Examination of South Australia's New Approach to the Use of Bad Character Evidence in Criminal Proceedings’ (2013) 15 Flinders Law Journal 55-114

    David Plater and Lucy Line, ‘Has the Silver Thread of the Criminal Law Lost its Lustre? The Modern Prosecutor as a Minister of Justice’ (2012) 31 University of Tasmania Law Review 54 – 94

    David Plater and Sue Milne, ‘“The quality of mercy is not strained”: the Norfolk Island mutineers and the exercise of the death penalty in colonial Australia 1824-1860’ [2012] Australian and New Zealand Law and History Society e-Journal 1-43

    David Plater and Sangeetha Royan, ‘The Development and Application in Nineteenth Century Australia of the Prosecutor's Role as a Minister of Justice: Rhetoric or Reality?’ (2012) 31 University of Tasmania Law Review 78-130

    David Plater and Lucy DeVreeze, ‘Is the Golden Rule of Full Prosecution Disclosure a Modern Mission Impossible?’ (2012) 14 Flinders Law Journal 133-188

    David Plater, ‘The Development of the Prosecutor's Role in England and Australia with Respect to its Duty of Disclosure: Partisan Advocate or Minister of Justice?’ (2008) 25 University of Tasmania Law Review 111-155

    David Plater, ‘The Development of the Role of the Prosecuting Lawyer in the Criminal Process: “Partisan Persecutor” or “Minister of Justice”?’ [2006] ANZLH E-Journal 1-33

     Selected Conference Presentations and Research Papers

     ‘“Assuredly there never was Murder More Foul and more Unnatural”? Poisoning, Women and Murder in 19th Century Australia’, Research Seminar, Adelaide University Law School, 23 August 2019

    ‘“Glass Half Empty or Glass Half Full?” The South Australian Experience of Communication Partners to assist Parties with Complex Communication Needs’, Conference Paper, 3rd International Advocacy Conference, Centre for Advocacy, Nottingham Law School, 20 June 2019

    The Wider Role of Modern Law Reform: More than Lawyers and Changing the Law?’, Conference Paper, Law and Society Association Annual Conference, University of Wollongong, 14 December 2018

    ‘“Cinderellas Ultimately become Princesses”? Modern Prosecutorial Accountability to Victims and the Role of Judicial Review’, Conference Paper, Law and Society Association Annual Conference, University of Wollongong, 13 December 2018  

    Access to Justice for People with Disability’, Panel Presentation at 14th Reintegration Puzzle Conference, Hobart, 22 June 2018

     ‘Lawyers and Investigators should come to a Vulnerable Party: not the Other Way Round’, CPD Presentation to the SA Ombudsman's Office, March 2018

    ‘The Experience of Financial Crime in late 19th Century Australia: “Even in times of speculative mania, [one] cannot play with impunity upon the credulity of the public”’, Conference Paper, Australian and New Zealand Annual Conference, University of Canterbury, Christchurch, 15 December 2017 (part of panel on development of the crime of fraud with Cerian Griffiths and Sarah Wilson)

    ‘The “Veritable Fiend in Human Guise”? Poisoning and Gender in 19th Century Colonial Australia and the Case of Martha Needle’, Conference Paper, Australian and New Zealand Annual Conference, University of Canterbury, Christchurch, 16 December 2017

    ‘Demonstrating New Ways to Engage with Interested Parties’, Keynote Speaker, ‘New Approaches to Legislative Reform’ Conference, Canberra, 21 November 2017

    ‘Prosecutorial Discretion, Accountability and Victims’ “Rights”? Timely Reform or Unhelpful Chimera?’, Conference Paper, 2017 National Victims of Crime Conference, Griffith University, Brisbane, 7 September 2017  

    ‘An Outdated Charter for Greed and Entitlement? Reforming the Inheritance (Family Provision) Act 1972’, Presentation at Adelaide Law School Continuing Professional Development Seminar, University of Adelaide, 17 May 2017 (with Sylvia Villios and Sarah Moulds)

    ‘SALRI and its Succession and Family Inheritance Law Reference and the Role of Consultation to Modern Law Reform’, Presentation at Australian Institute of Administrative Law (SA) seminar, Adelaide, 27 April 2017 (with Sarah Moulds)

    'Succession Law and the Role of SALR’, Presentation at SA Attorney-General Department Research Seminar, 16 March 2017, Adelaide 

    ‘Who is SALRI and How Can You Be Involved in our Family Inheritance Law Reference?’, Presentation at SA Law Society Forum, Adelaide, 17 February 2017 (with Sarah Moulds)

    ‘SALRI Succession Law Reference and Succession Law Update’, Presentation at Law Society Country Law Update, Wallaroo, South Australia, 28 November 2016 (with Sylvia Villios)

    ‘Balancing the Triangulation of Victims, Society and Accused under South Australia’s Statutes Amendment (Vulnerable Witnesses) Act 2015 and Disability Justice Plan’, Keynote speaker at ‘Building Access to Justice: Overcoming Inequities Forum’, University of Tasmania, Hobart, 23 September 2016 (with Emily Harper)

    ‘Revenge Porn’, Presentation at Sexting, Revenge Porn and the Law Research Seminar, Flinders University Centre for Crime Policy and Research and Victim Support Service, Adelaide, 31 August 2016

    ‘Modern Prosecutors and Victims: Natural Partners or Irreconcilable Differences?’, Keynote Speaker at 2016 Victims and Justice National Conference, Melbourne, 8 August 2016

    ‘Lawyers for Victims in Criminal Proceedings’, Part of Keynote Panel Discussion, Victims and Justice National Conference, Melbourne, 9 August 2016

    ‘Law Reform on the Smell of an Oily Rag: The Challenge of Managing Law Reform in Smaller Jurisdictions’, Conference Paper, Australasian Law Reform Agencies Conference, ‘Law Reform: Survival and Growth’, Melbourne, 3 March 2016 (with Terese Henning)

    ‘“Seen and Heard”: Meaningfully Involving the Disability Sector in Comprehensive Law and Cultural Reform’; Conference Paper, Australasian Law Reform Agencies Conference, Law Reform: Survival and Growth, Melbourne, 4 March 2016

    ‘Women, Murder by Poisoning and the Use of Similar Fact Evidence’, Part of Panel Presentation at Australian and New Zealand Law and History Society Annual Conference, University of Adelaide, 11 December 2015 (with Joanna Duncan, Dejana Graziano and Rachel Spencer)

    ‘Update of Current South Australian Law Reform Institute Succession References’, Conference Paper at SA Law Society Succession Law Conference, Adelaide, 20 November 2015

    ‘“The Ultimate Triumph of “Freedom of Thought and Enquiry”? The Crime of Blasphemy in the 19th Century Australia and the Unlikely Case of William Lorando Jones’, Conference Paper, 22nd British Legal History Conference, University of Reading, 10 July 2015   

    ‘Balancing the Triangulation of Victims, Society and Accused: How to obtain the Best Evidence from Vulnerable Victims and Witnesses in Australia’s Adversarial Criminal Justice System’, Keynote Speaker, Witness Assistance Service Annual Conference, Adelaide, 10 June 2015 (with Emily Harper)

    ‘Communication Assistants in the Criminal Justice System – the SA Disability Justice Plan’, Plenary Speaker at Victorian Justice Department Symposium, The Use of Intermediaries in the Justice System to assist Parties with Disability and Children, Melbourne, 18 February 2015 (with Stephen Brock)

    ‘The “Gentle Art” of Poisoning, Females and Murder in 19th Century Britain and Australia: “Assuredly there never was Murder more Foul and Most Unnatural”’, Conference Paper, Australian and New Zealand Law and History Society Annual Conference, Coffs Harbour, 11 December 2014

    ‘Vulnerable Witnesses and South Australia’s Disability Justice Plan’, Plenary Speaker at Victim Support Service Symposium, ‘JUSTICE FOR ALL? Child Sexual Abuse and Disability: a Criminal Justice System that is evolving and improving to address the complexities of vulnerable witnesses and victims’, Adelaide, 18 November 2014 (with Stephen Brock) 

    ‘The Role of the Modern Prosecutor’, Plenary Speaker at Victorian Department of Justice Symposium, ‘Promoting a Neutral and Transparent Criminal Justice System for Victims of Crime’, Melbourne, 5 December 2013

    ‘Socially inadequate misfits or sexual predators? A study of the backgrounds, characteristics and sentencing of South Australian child exploitation material offenders’, Conference Paper, Australian Institute of Criminology, 13th Australasian Conference on Child Abuse and Neglect, Melbourne, 11 November 2013

    ‘Petit Treason, the Female Offender and the exercise of the Death Penalty and Prerogative of Mercy in 19th century Britain and colonial Australia’, Conference Paper, 21st British Legal History Conference, University of Glasgow, 11 July 2013 

    'Police, Prosecutors and Claims of Public Interest Immunity: Marriage made in Heaven or Irreconcilable Differences?', Presentation at Australian Institute of Administrative Law (SA) seminar, Adelaide, May 2013 (with Lucy Line)

    ‘CEM Offenders: a South Australian Study’, Plenary Speaker at Australian Institute of Criminology Symposium, Child Exploitation Material Offending, Canberra, 8 February 2013

    ‘Elizabeth Woolcock, Petit Treason and the Prerogative of Mercy in 19th Century Australia’, Conference Paper, Australian and New Zealand Law and History Society Annual Conference, University of Technology, Sydney, 11 December 2012

    ‘“Launched into Eternity”: the Exercise of the Prerogative of Mercy in early colonial Australia, Death by Lottery?’, Conference Paper, Legal Histories of the British Empire Conference, National University of Singapore, 6 July 2012 (with Sue Milne)

    ‘The Implementation of the Death Penalty in Early Colonial Australia: Decision by Lottery or the Need to Make an Example of Enemies of Society?’, Conference Paper at Australian and New Zealand Law and History Society Annual Conference, University of Queensland, Brisbane 8 December 2011 (with Sue Milne)

    'The Implementation of The Death Penalty in Early Colonial Australia: Decision by Lottery or the Need to Make an Example of Enemies of Society?’, Presentation at Law School Public Research Seminar, University of South Australia, 5 October 2011 (with Sue Milne)

     

  • Professional Associations

     

    Law Societies of England and Ireland 

    International Association of Prosecutors

    Editorial Board, Australian and New Zealand Journal of Law and History 

    Member of Executive, Australia and New Zealand Law and History Society

     

     

     

     

     

     

     

     

  • Community Engagement

    Mentor on the South Australian Indigenous Law Student mentor scheme 2008 to present 

    SA Disability Justice Plan Steering Group 2014-2018

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Entry last updated: Saturday, 24 Aug 2019

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