CRITIQUE AND COMMENT THE CRIMINAL LAW - A 'MILDLY VITUPERATIVE' CRITIQUE

Criminal law in Victoria is currently plagued by delay, long trials and a high rate of successful appeals. One factor common to these problems is the extraordinary complexity that now attends most aspects of the criminal law, as illustrated by the law in relation to statutory self-defence, the mental state for rape, and jury directions. This complexity can largely be attributed to poorly drafted and highly prescriptive legislative reforms, which have rendered the law in this area virtually incomprehensible to jurors. This piece is a reminder that the criminal law must be accessible and easily understood - a principle which appears to have been forgotten in Victoria in the quest for analytical perfection.