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Welcome to LEX & LORE hosted by Geoff McLay!
We all know LEX is Latin for law, and LORE represents what’s interesting about the law – the gossip, the intrigue, the debates! In this podcast, you'll explore the development of the "new legal system" in New Zealand with Geoff McLay, Barrister, Professor of Law at Victoria University of Wellington and Editor of the New Zealand Law Reports, as he dissects cases and judgements with esteemed colleagues and legal experts.
From whose perspective should the risk of an unforeseen medical consequence be considered for the purposes of ACC compensation? Should unforeseen consequences be approached holistically by the courts, or broken up into a series of events? How do courts distinguish between injury and illness? Geoff and Dr Eddie Clark discuss the critical cases that provide an insight into these divisions in our healthcare system.
As the courts deal with a judicial backlog in the midst of a pandemic, Eddie shares his thoughts on the review of COVID-19 lockdown breach prosecutions. Are these prosecutions necessary as a deterrent, regardless of the judicial backlog in civil and criminal matters?
At the heart of this episode is Dr Nessa Lynch’s discussion on how presumptive sentencing has been applied under the three-strikes law and the potential for injustice to arise as a result. An inherent tension exists between mandatory sentencing and judicial discretion – manifest injustice ought to be a safety valve which can be applied by the courts, but how does this play out across the nuanced historical, cultural and personal circumstances of individuals who are sentenced on their third strike?
ACC v Ng  NZHC 2848
Fitzgerald v R  NZCA 292
R v Allen  NZHC 1796
Individual accountability in sentencing:
About the Guests
Dr Nessa Lynch, Associate Professor, Victoria University of Wellington
Specialises in criminal law, New Zealand Law Reports, discretion, youth justice and police action.
Dr Eddie Clark, Lecturer, Victoria University of Wellington
Areas of interest include Judicial review, administrative law, courts and democracy/public accountability.
Run time: 41:25 minutes
EPISODE 1: The Push-Me-Pull-You of ACC Coverage | The Safety Valve of Three-Strikes Sentencing
Join host Geoff McLay and his esteemed colleagues Dr Nessa Lynch, Dr Eddie Clark and Dr Dean Knight as they discuss the cases gripping the headlines in New Zealand.
About the Guests
Dr Nessa Lynch is an Associate Professor at Victoria University Wellington who specialises in criminal law, New Zealand Law Reports, discretion, youth justice and police action.
Dr Eddie Clark is a Lecturer at Victoria University Wellington whose areas of interest include Judicial review, administrative law, courts and democracy/public accountability.
Dr Dean Knight is an Associate Professor at Victoria University Wellington and specialises in Constitutional law, administrative law, judicial review and local government.
Run time: 09:54 minutes
Introducing: Lex & Lore
About the Host
General Editor, New Zealand Law Reports
Geoff McLay practices as a barrister and is a member of the New Zealand Law Society and the New Zealand Bar Association. He served as a Law Commissioner at the New Zealand Law Commission 2010-2015…
…where he led a large number of projects, served on the board of a Crown entity, and generally looked after the excellent staff that helped them in their work. As general editor of the New Zealand Law Reports, Geoff manages the submission and content currency of the 18-part report series, ensuring the accuracy of all case reviews and commentary and court decisions for subscribers.
Since 1995, Geoff has been a Professor of Law at the Faculty of Law at Victoria University of Wellington. He was a visiting Professor at the University of Iowa College of Law teaching torts and advanced torts and product liability (1998, 2001 and 2006) and also taught advanced torts at the University of Western Ontario (Winter 2002). At Victoria University he teaches a wide range of undergraduate and graduate courses including torts, advanced torts, intellectual property, competition (antitrust) law, comparative constitutional law, and ethics and is currently teaching torts and equity.
Geoff grew up in Porirua, and has lived in Wellington for most of his adult life. His has three children with his wife Helen, and lives on Wrights Hill in Karori, not far from Zealandia. He is an avid New Zealand cricket fan, a "so-so" mountain biker, a fan of history and biographies, and is slowly learning Te Reo, and relearning Latin.
BA and LLB (Hons) (First Class) from Victoria University of Wellington
LLM and SJD from the University of Michigan. His thesis at Michigan was on the history of Crown Liability in the Empire and was supervised by the late AWB (Brian) Simpson.
New Zealand Law Reports
New Zealand Law Reports & Specialist Reports
New Zealand Law Reports is the official report series of New Zealand. It includes decisions of the Supreme Court of New Zealand, Court of Appeal and High Court while Specialist Reports drill down on a specific practice for in-depth coverage of the topics that matter to you.
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