Emeritus Fellow Ian Leader-elliott

Emeritus Fellow Ian Leader-elliott
 Position Emeritus Fellow
 Org Unit Adelaide Law School
 Email ian.leaderelliott@adelaide.edu.au
 Telephone +61 8 8313 4450
 Location Floor/Room 4 09 ,  Ligertwood Building ,   North Terrace
  • Biography/ Background

    Ian graduated in Law from the University of Melbourne before completing 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 and he was a visiting scholar at Southern Cross University School of Law in 2001. He retired from the teaching staff at Adelaide at the end of 2009.  His research and publications reflect his continuing engagement with criminal law theory and his pragmatic concern with reform and codification of the criminal law. He has been involved in many criminal law codification and reform projects.  These include consultancies with UK Law Commission (2005); Australian Federal Attorney General's Department (1992-2002); Federal Health Department, National Symposium on Alcohol Misuse and Violence (1994); ACT Attorney General's Department (2003-2004) and various Victorian Law Reform Commission projects. He is a member of the editorial board of the New Criminal Law Review (University of California Press). Earlier appointments include: Chair of the SA Correctional Services Advisory Committee (2000-02); editor Adelaide Law Review; SA state editor of the Criminal Law Journal.

  • 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

  • Publications

    Several of the more recent papers cited below can be accessed on the Social Sciences Research Network: http://ssrn.com/author=424951

    Recent and forthcoming publications include:

    ‘Faultlines Between Guilt and Punishment in Australia’s Model Criminal Code’  Ch 12, pp 261-93, in Regulating Deviance (edited Bernadette McSherry, Allan Norrie, Simon Bronitt, Onati International Series in Law and Society, Hart, Oxford, 2009).

    ‘The Australian Criminal Code:  Time for Some Changes’ (2009) 37 Federal Law Review 205-36.

    ‘A Critical Reading of R. A. Duff, Answering for Crime’, Adelaide Law Review, Forthcoming 2010, University of Adelaide Law School Research Paper No. 2009-005. http://papers.ssrn.com/sol3/papers.

    ‘Shooting To Kill Innocents:  Necessity, Self Defence And Duress In The Commonwealth Criminal Code’.  Forthcoming (2010/11) chapter in Shooting to Kill: The Law Governing in the Use of Lethal Force in Context, (edited: Simon Bronitt, Hilary Charlesworth, Gerry Simpson, Onati International Series in Law and Society, Hart, Oxford).

    Review Essay - Ngaire Naffine: Law’s Meaning Of Life: Philosophy, Religion, Darwin And The Legal Person,  Adelaide Law Review, forthcoming 2010.

    ‘Revising the Law of Murder in the Indian Penal Code:  A Macaulayan Reconstruction of Provocation and Sudden Fight’. Paper to be presented at a University of Singapore symposium, June 2010, to mark the 150th anniversary of the IPC. 

    Selected earlier publications 

    Book chapters

    'Recklessness and Moral Desiccation in the Australian Law of Murder', Ch 7 of Homicide Law in Comparative Perspective ed Jeremy Horder (Oxford, Hart Publishing 2007).

    'Negotiating Intentions in Trials of Guilt and Punishment' Ch 5, in Intention in Law and Philosophy eds N Naffine, R Owens and J Williams (Ashgate 2001).  

    'Passion and Insurrection in the Law of Sexual Provocation'  Ch 8 in Sexing the Subject of Law  eds N Naffine & R Owens, (LBC 1997).


    The Commonwealth Criminal Code:  A Guide for Practitioners (Commonwealth Atttorney-Generals Department in association with the Australian Institute of Judicial Administration 2002).

    Journal articles

    'Benthamite Reflections on Codification of the General Principles of Liability:  Towards the Panopticon' (2006) 9 Buffalo Criminal Law Review 391. http://papers.ssrn.com/sol3/papers

    'The Acoustic Separation of the Criminal Law Theorist:  Meir Dan-Cohen’s Harmful Thoughts'  (2003) 28 Australian Journal of Legal Philosophy 123.

    'Instinctive Synthesisers in the High Court' (2002) 26 Criminal Law Journal 5.

    'Elements of Liability in the Commonwealth Criminal Code' (2002) 26 Criminal Law Journal 28.

    (with Ngaire Naffine) 'Wittgenstein, Rape Law and the Language Games of Consent', (2000) 26  Monash University Law Review 48.

    'Duress – Aboriginal Customary Law and the Person of Ordinary Firmness' (1997) 12 Criminal Law Journal 359.

    (With Steve Bourchier) 'The Metamorphoses of John Eddington Jr' (1996) 43 Tasmanian Historical Research Association Journal 201.

    'Sex Race and Provocation:  In Defence of Stingel' (1996) 20 Criminal Law Journal 72.
    'Battered But not Beaten:  Women Who Kill in Self Defence' (1993) 15 Sydney Law Review 403.

    'Prohibitions Against Heroin Use:  Can they be Justified?' (1986) Aust. and NZ Journal of Criminology, Vol. 19, 225.

    'Regina v Jekyll, sub nom. Hyde: Metaphors of the Divided Self in Criminal Responsibility', Melbourne University Law Review, (1984) Vol. 14, 368.

    'Listening Devices and the Participant Monitor: Controlling the Use of Electronic Surveillance in Law Enforcement', (1982) 6 Criminal Law Journal 327.

    'Heroin:  Mythologies for Law Enforcers', (1982) 6 Criminal Law Journal, (1982) 6.

    'Theft and Related Problems - The Position in England, Australia and the USA', (1977) 26 International and Comparative Law Quarterly 110.

  • Media Expertise

    CategoriesLaw, Crime & 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)
    After hours08 8339 5545

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Entry last updated: Sunday, 20 Sep 2020

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