Publisher: The Federation Press

Reviewed by David Marks QC

I know of no competing title. Accordingly, this book is significant.

Looking at the chapter listing, one impression is that this could potentially form the curriculum for a Masters course. It reflects the mix of policy and practical content that would be suitable. But I gather the purpose of this work is wider. The work originated in a project at Monash University focused on designing world‑class venture capital programmes to support commercialisation of Australian research.

The book deals with the national context of promotion of innovation; the role of institutions including universities and government; financing and taxation, in supporting innovation; how Australia’s programmes sit in the international context; and how our programmes might be judged from a policy perspective.

I do not mean to say that this is an academic book. (Nor do I see anything wrong with that category of book.)

For the practitioner, the comparison of various programmes will be useful. It is even helpful that the authors cut through the jargon. For example, the difference between an “incubator” and an “accelerator” is explained.

Also, I found graphical analysis of a couple of structures, in chapter 11, useful. A picture is still worth a thousand words. Indeed, when the words are about the interaction of tax and property laws, a picture is altogether preferable!

Some of the discussion is relatively broad. The explanation of the tax system in chapter 8 is one example. Another is the concise explanation of intellectual property in chapter 4.

But this book is not intended to provide more extensive discussion of those areas. There are specialist texts about those topics.

Rather, the book brings together material from a range of areas, relevant to understanding how innovation is encouraged, funded, and structured. And the approach is not “black letter law”. The authors have cast their nets widely. The approach is described as “multi-disciplinary”.

They consider historical and policy matters. For example, in chapter 11, dealing with the limited partnership venture capital tax expenditure programmes, the authors take us back to the Ralph Review (1999).

Thus the book provides useful context for understanding problems when they arise.

This is not a manual. When a question arose about commercialisation of intellectual property, for example, this book does not purport to tell you how to do it. It would, on thorough study, acquaint you with the tools available. It aims for something broader, which is an evaluation of the tools, past and present, which may be of assistance in understanding the limitations of the current tools.

I notice that LexisNexis has a forthcoming title on commercialisation of intellectual property. I suspect that will cover some different ground. (Prof Monotti is a co‑author of that forthcoming title, as well.) This title will hold its own in its market.

Author: Harry Ognall

Publisher: William Collins

Reviewer: DW Marks QC

Sir Harry was born in 1934 in Lancashire. He read law at Lincoln College, Oxford, starting in 1953. After study abroad and serving as Marshall to Pearson J, he joined chambers in Leeds, practising on the common law side.

This brief memoir (147 pp) is valuable for Sir Harry’s account of his days at the Bar, the greater part of the book. While time has moved on, and some fashions and opinions have doubtless shifted, this account of the arc – from pupil to High Court Justice in England — is topical and engaging. It is in turn serious and humorous.

Several trials are recalled in pithy sketches.

The two trials that made the greatest impression upon me were those of Mr Peter Sutcliffe (aka “The Yorkshire Ripper”) where Sir Harry appeared for the prosecution and of the “Zimbabwe Air Force Six”, where Sir Harry appeared for the defence. Both were demanding and challenging trials.

In the former case, the then Attorney-General, Sir Michael Havers, had decided to lead the prosecution. Sir Michael submitted to Boreham J, at a directions hearing, that in light of the unanimous psychiatric opinion, the prosecution was minded to dispose of the case by way of pleas of guilty to manslaughter, not murder.

Boreham J indicated that he was not prepared to accept the pleas. This dealt Sir Michael out of testing the psychiatric evidence at the later trial. Thus, Sir Michael cross-examined Peter Sutcliffe and Sir Harry had the important task of cross‑examining the psychiatrists.

His account of how he planned that cross-examination, and conducted it, is an object lesson in testing expert evidence.

The trial in Zimbabwe posed other difficulties and challenges.

First, the death penalty was on the table. Secondly, in accordance with Zimbabwean procedure, the confessions of the accused had been confirmed by them before a magistrate.

The threats and beatings, and the systematic way in which prison accommodation had been repeatedly switched so as to deprive the accused of any access to legal counsel, was not before the magistrate, when the confessions were confirmed. This was critical to the defence.

Again, cross-examination of a key witness would be crucial. And so it proved. The men were acquitted by a court presided over by a judge, with two assessors.

Sir Harry’s asides through his memoir are serious, and humorous, by turn. His criticism of the course of the police investigation in Sutcliffe demonstrates (as if it were needed) the danger of targeting (or closing one’s mind to other possibilities). Lives were lost as a result of single minded pursuit of a particular case theory. Sir Harry attributes the fact that Sutcliffe was at liberty to commit at least 13 murders and 7 attempted murders to “a combination of luck and prolonged investigative incompetence”. This is not to say that all involved were incompetent but, from this account, there was enough incompetence to go around.

On the lighter side, from his days as a junior, Sir Harry recalls sitting in a magistrate’s court, waiting for his case to be called, when a self-represented defendant was strongly advised by the chairman to seek legal representation:

-“I don’t want it. The Good Lord will take care of me.”

-“The Bench thinks that you would be well advised to have the services of someone who is better known locally.”

Sir Harry speaks less of his time on the Bench, naturally.

But his account of the adjectival facets of life as a High Court Justice in London, and on circuit, is of interest.

There are a few specific cases noted. I was challenged by his account of the trial of Dr Cox, on a charge of attempted murder connected with the death of a patient. This seemed to have been euthanasia, at the urging of some loved ones concerned at the continued suffering of the patient.

And he gives an account of his treatment by the press, on discharging an accused, Mr Colin Stagg, who had been charged with murder based on a remark in extensive pretext calls from a police officer. It seems that no apology was forthcoming from the Press when, years later, forensic evidence and a confession established that the murderer was someone altogether different.

The attention from the Press was highly focused and lengthy, at the time of the discharge of Mr Stagg, but non‑existent when the true murderer was exposed.

He also expresses concern about the ability of an accused to defend a case brought many years after an alleged event (p 141). While not minimising the nature of the crimes that might be charged, Sir Harry gives trenchant reasons for caution in this difficult area.

Sir Harry’s memoir accompanied me in recent travels and provided much needed diversion. Sir Harry writes well: pointedly, briefly, and persuasively.

“A Life of Crime – the Memoirs of a High Court Judge” by Harry Ognall, now published in paperback by William Collins, 2017, ISBN 978-0-00-826748-3

Author: Harry Ognall

Publisher: William Collins

Reviewer: DW Marks QC

1. Sir Harry was born in 1934 in Lancashire. He read law at Lincoln College, Oxford, starting in 1953. After study abroad and serving as Marshall to Pearson J, he joined chambers in Leeds, practising on the common law side.

2. This brief memoir (147 pp) is valuable for Sir Harry’s account of his days at the Bar, the greater part of the book. While time has moved on, and some fashions and opinions have doubtless shifted, this account of the arc – from pupil to High Court Justice in England — is topical and engaging. It is in turn serious and humorous.

3. Several trials are recalled in pithy sketches.

4. The two trials that made the greatest impression upon me were those of Mr Peter Sutcliffe (aka “The Yorkshire Ripper”) where Sir Harry appeared for the prosecution and of the “Zimbabwe Air Force Six”, where Sir Harry appeared for the defence. Both were demanding and challenging trials.

5. In the former case, the then Attorney-General, Sir Michael Havers, had decided to lead the prosecution. Sir Michael submitted to Boreham J, at a directions hearing, that in light of the unanimous psychiatric opinion, the prosecution was minded to dispose of the case by way of pleas of guilty to manslaughter, not murder.

6. Boreham J indicated that he was not prepared to accept the pleas. This dealt Sir Michael out of testing the psychiatric evidence at the later trial. Thus, Sir Michael cross-examined Peter Sutcliffe and Sir Harry had the important task of crossexamining the psychiatrists.

7. His account of how he planned that cross-examination, and conducted it, is an object lesson in testing expert evidence.

8. The trial in Zimbabwe posed other difficulties and challenges.

9. First, the death penalty was on the table.  Secondly, in accordance with Zimbabwean procedure, the confessions of the accused had been confirmed by them before a magistrate. 

10. The threats and beatings, and the systematic way in which prison accommodation had been repeatedly switched so as to deprive the accused of any access to legal counsel, was not before the magistrate, when the confessions were confirmed. This was critical to the defence. 

11. Again, cross-examination of a key witness would be crucial.  And so it proved.  The men were acquitted by a court presided over by a judge, with two assessors. 

12. Sir Harry’s asides through his memoir are serious, and humorous, by turn.  His criticism of the course of the police investigation in Sutcliffe demonstrates (as if it were needed) the danger of targeting (or closing one’s mind to other possibilities).  Lives were lost as a result of single minded pursuit of a particular case theory.  Sir Harry attributes the fact that Sutcliffe was at liberty to commit at least 13 murders and 7 attempted murders to “a combination of luck and prolonged investigative incompetence”.  This is not to say that all involved were incompetent but, from this account, there was enough incompetence to go around. 

13. On the lighter side, from his days as a junior, Sir Harry recalls sitting in a magistrate’s court, waiting for his case to be called, when a self-represented defendant was strongly advised by the chairman to seek legal representation:   

–“I don’t want it.  The Good Lord will take care of me.” 

–“The Bench thinks that you would be well advised to have the services of someone who is better known locally.” 

14. Sir Harry speaks less of his time on the Bench, naturally.   

15. But his account of the adjectival facets of life as a High Court Justice in London, and on circuit, is of interest.   

16. There are a few specific cases noted. I was challenged by his account of the trial of Dr Cox, on a charge of attempted murder connected with the death of a patient. This seemed to have been euthanasia, at the urging of some loved ones concerned at the continued suffering of the patient.  

17. And he gives an account of his treatment by the press, on discharging an accused, Mr Colin Stagg, who had been charged with murder based on a remark in extensive pretext calls from a police officer. It seems that no apology was forthcoming from the Press when, years later, forensic evidence and a confession established that the murderer was someone altogether different. 

18. The attention from the Press was highly focused and lengthy, at the time of the discharge of Mr Stagg, but nonexistent when the true murderer was exposed. 

19. He also expresses concern about the ability of an accused to defend a case brought many years after an alleged event (p 141). While not minimising the nature of the crimes that might be charged, Sir Harry gives trenchant reasons for caution in this difficult area. 

20. Sir Harry’s memoir accompanied me in recent travels and provided much needed diversion.  Sir Harry writes well: pointedly, briefly, and persuasively.   

—– “A Life of Crime – the Memoirs of a High Court Judge” by Harry Ognall, now published in paperback by William Collins, 2017, ISBN 978-0-00-826748-3