Wendy Kukulies-Smith

Lecturer
PhD Candidate
BA (Asian Studies)(Hons)/LLB (ANU); GDLP (ANU); Legal Practitioner (ACT)
+61 2 6125 7790
Room 119

home icon ANU College of Law, Bld 5, Fellows Rd, Acton ACT 2601

mail icon ANU College of Law, 5 Fellows Rd, Acton ACT 2601

 

Biography

Wendy Kukulies-Smith is a Lecturer at the ANU College of Law. Her research is in criminal law and the criminal justice system with a focus on comparative, historical and feminist analysis of law. Wendy’s most recent research has been on the principles of sentencing; federal sentencing law and practice; judicial education; and late nineteenth century death penalty cases in Australia.

Wendy does consultancy work for the National Judicial College of Australia. She developed and wrote the ‘Principles and Practice’ bench book for the Commonwealth Sentencing Database and since its launch in 2008 she has been the editor of this online text.

Wendy’s work on federal sentencing has been referenced before the High Court of Australia. She has provided expert advice on sentencing to the Law Reform Advisory Council (ACT) and is currently a member of the ACT Government’s Justice Reform Strategy Advisory Group.

Wendy’s current research in sentencing is an extensive study of family hardship as a mitigating factor. The operation of mitigating factors in sentencing is an under researched area of the law both within Australia and overseas. She is comparing the sentencing practices of each jurisdiction within Australia and mapping the development of sentencing principle.

Appointments

  • Member of Australian and New Zealand Society of Criminology
  • Member of Australia and New Zealand Law and History Society
  • Member of the ANU Gender Institute
  • Member of the NCJA Program Advisory Committee
  • Member of the ACT Government’s Justice Reform Strategy Advisory Group

Significant research publications

  • Simon Bronitt and Wendy Kukulies-Smith, "Crime, punishment, family violence, and the cloak of legal invisibility" (2013) 37(3) Journal of Australian Studies 390.
  • Wendy Kukulies-Smith and Susan Priest, "'No Hope of Mercy' for the Borgia of Botany Bay: Louisa May Collins, the last woman executed in NSW, 1889' (2011) 10(2) Canberra Law Review 144.
  • Wendy Kukulies-Smith and Susan Priest, "The Mount Rennie Rape Case of 1886: Politics, Mercy and Justice" in Patricia Easteal (ed), Justice Connections (Cambridge Scholars Publishing, 2013) 220.
  • Miriam Gani and Wendy Kukulies-Smith; 'Rush v Commissioner of Police' (2006) 30 CrimLJ 314. 

Read selected publications in the ANU Digital Collection

Recent news

20
Dec
2016
Naomi Wootton

As she sees out her final days as a research assistant at the National Judicial College of Australia (NJCA), ANU College of Law graduate and University Medal recipient Naomi Wootton has reflected on how much she enjoyed studying law.

Please note, only a small selection of recent publications and activities are listed below.

Read selected publications in the ANU Digital Collection

Research biography

Wendy Kukulies-Smith is a Lecturer at the ANU College of Law. Her research is in criminal law and the criminal justice system with a focus on comparative, historical and feminist analysis of law. Wendy’s most recent research has been on the principles of sentencing; federal sentencing law and practice; judicial education; and late nineteenth century death penalty cases in Australia.

Wendy does consultancy work for the National Judicial College of Australia. She developed and wrote the ‘Principles and Practice’ bench book for the Commonwealth Sentencing Database and since its launch in 2008 she has been the editor of this online text.

Wendy’s work on federal sentencing has been referenced before the High Court of Australia. She has provided expert advice on sentencing to the Law Reform Advisory Council (ACT) and is currently a member of the ACT Government’s Justice Reform Strategy Advisory Group.

Wendy’s current research in sentencing is an extensive study of family hardship as a mitigating factor. The operation of mitigating factors in sentencing is an under researched area of the law both within Australia and overseas. She is comparing the sentencing practices of each jurisdiction within Australia and mapping the development of sentencing principle.

Research projects & collaborations

  • Created the 'Principles and Practice' benchbook for the Commonwealth Sentencing Database. The Database was launched by the Minister for Home Affairs at the 2008 NJCA Sentencing Conference and is accessible from the National Judicial College of Australia.

  • Editor of the 'Principles and Practice' Commonwealth Sentencing Database 2008- ongoing.

  • Current research collaboration with Dr. Susan Priest (a legal historian at the University of Canberra) researching prominant 19th century criminal cases.

Consultancies

  • Consultancy work with the National Judicial College of Australia for work on the Commonwealth Sentencing Database.

Book chapters

  • Wendy Kukulies-Smith and Susan Priest, "The Mount Rennie Rape Case of 1886: Politics, Mercy and Justice" in Patricia Easteal (ed), Justice Connections (Cambridge Scholars Publishing, 2013) 220.

Refereed journal articles

  • Simon Bronitt and Wendy Kukulies-Smith, "Crime, punishment, family violence, and the cloak of legal invisibility" (2013) 37(3) Journal of Australian Studies 390.

  • Wendy Kukulies-Smith and Susan Priest, "'No Hope of Mercy' for the Borgia of Botany Bay: Louisa May Collins, the last woman executed in NSW, 1889' (2011) 10(2) Canberra Law Review 144.

  • Miriam Gani and Wendy Kukulies-Smith; 'Rush v Commissioner of Police' (2006) 30 CrimLJ 314.

Conference papers & presentations

  • Wendy Kukulies-Smith and Susan Priest, 'The Mount Rennie Rape Case of 1886' (Invited participant at Justice Connections Symposium II, Canberra, 30 November 2012).

  • Wendy Kukulies-Smith and Susan Priest, "'No Hope of Mercy' for the Borgia of Botany Bay: Louisa May Collins, the last woman executed in NSW, 1889' (Paper presented at 30th Annual Conference of the Australia and New Zealand Law and History Society 'Private Law, Public Lives', Brisbane, 12-13 December 2011).

  • Wendy Kukulies-Smith and Susan Priest, "'No Hope of Mercy' for the Borgia of Botany Bay: Louisa May Collins, the last woman executed in NSW, 1889' (Invited participant at Justice Connections Symposium, Canberra, 3 June 2011).

  • 'The Quest for Sentencing Consistency in the Federal System' (Sentencing Conference; National Convention Centre; Canberra; 6 February 2010)

Committees

External Organisations

  • Chair of the Commonwealth Sentencing Database Steering Committee (NJCA/ANU)

  • NJCA Programs Advisory Committee

  • NJCA Conference Steering Committee

  • ACT Government's Justice Reform Strategy Advisory Group

Internal ANU Committees

  • LLB Honours Thesis Committee

Other

  • Contributor to LexisNexis, Halsbury's Laws of Australia, Ch 1 General, Ch 2 Criminal Jurisdiction of Courts, Ch 3 Procedure of Courts with Criminal Jurisdiction and Ch 5 Ensuring Attendance at Court, 130 - Criminal Law, May 2013.

  • Contributor to LexisNexis, Halsbury's Laws of Australia, I Principles of Criminal Liability, 130 - Criminal Law, November 2010.

PhD supervision

 

 

SJD supervision

 

 

MPhil supervision

 

 

LLM Masters thesis supervision

 

 

Honours thesis supervision

I am willing to supervise in the areas:

  • Sentencing, Criminal Law, Criminal Procedure, Law And Society, Justice Systems, Legal History, Gender, Statutory Interpretation.

I have previously supervised:

  • Haydn Flack, 'After Ryan: The Recent Treatment of Good Character in New South Wales'

  • Michael Reardon, 'The State of Inconsistency? Sentencing Mentally Impaired Offenders in New South Wales'

  • Thea Coventry, 'Prevent, Suppress and Punish: Australia's Uncomprehensive Criminalisation of Trafficking in Persons'

  • Sameena Ahmad, 'The Demise of Provocation in Victoria and The Implications for Gender Equality'

  • Jonathan Tan, 'An Economic Approach to the Purposes of Sentencing in New South Wales'

  • Haney Cho, 'Can the Purposes of Sentencing Be Achieved By The Imposition of Higher Penalties For Child Sexual Assault Offences Under The Crimes Act 1900 (NSW)?'

  • Jillian Wales, 'A Study of the Current State of Family Victim Impact Statements in Sentencing NSW Homicide Offenders'

  • James Hoare, 'Coercive Powers in Australia and the Abrogation of the Right to Silence'

  • Ira Chaudhri, 'The Alexander Maconochie Centre's Women and Children Program: Protecting The Family As The Natural And Basic Group Unit Of Society'

  • Claire Schwager, ‘Domestic Violence-Related Stalking and Intimidation in New South Wales – An Exploration of Legal Strategy and Law Reform’

  • Kathryn Seow, ‘The Future of Community Correction Orders in Victoria’

 

Internship supervision

 

 

Current courses

Year Course code Course name
2017 LAWS1206
Class #2344
Criminal Law and Procedure
2017 LAWS6106
Class #3716
Criminal Law and Procedure

Previous courses

Year Course code Course name
2016 LAWS1201
Class #7558
Foundations of Australian Law
2016 LAWS6101
Class #9031
Foundations of Australian Law
2016 LAWS1206
Class #2405
Criminal Law and Procedure
2016 LAWS6106
Class #4037
Criminal Law and Procedure

Philosophy & approach

My goal when teaching is to provide a comfortable and engaging space for students to learn. I aim to foster a class dynamic where students share insights, reveal aspects of the material that they are finding challenging and are encouraged to work with new ideas and skills. I see myself as a guide for students sharing knowledge learnt, highlighting a critical and creative engagement with the law and helping students to acquire their own path to knowledge and life-long learning.

Past courses

  • Criminal Law and Procedure (2008 - to present)
  • Foundations of Australian Law (2011, 2014, 2015)
  • Legal Theory (2005, 2007, 2014)
  • Military Discipline Law (2008)
  • Advanced Military Discipline Law (2009)

How my works connects with public policy

My relationships within academia and the legal profession inform both my research and teaching. I value the work that I do with the legal profession; drawing upon my research to inform, explain and foster change in public policy. I work with judicial commissions, judicial officers and legal practitioners (including Departments of Public Prosecution, members of the Bar and private practice). I also value my role as an educator of future members of the legal profession. My research of federal sentencing principles and practice is used in the Commonwealth Sentencing Database. The Database is an aid for the day-to-day work of the Courts (it is accessed by judicial officers, Cth DPP, Defence Counsel and the broader community). My work on federal sentencing has been referenced before the High Court of Australia. I have been engaged to provide expert advice on sentencing to Government and Law Reform Bodies

Topic

  • Punishing Parents: A study of family hardship in Australian sentencing

Program

Doctor of Philosophy (PhD)

Primary supervisor

Associate supervisor

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team