4th Edition1
By David Ross QC
Published by Thomson Reuters
Reviewed by Chris Tam
Ross on Crime is now into is fourth edition. Its author, David John Ross QC was a pre-eminent criminal barrister. He practised for 42 years, more than 20 of those years as silk. He passed away on Christmas Eve 20092.
The author despised legalese. Benjamin Lindner, one of his pupils, said at his eulogy that ‘he would shake his head and groan at the use of the double negative’. This approach is obvious in the fourth edition of this work as it was in all previous editions. A lawyer’s objective is to simplify the complex and narrow the issues. This work lends itself to the task.
Thankfully, a plethora of witticisms and humorous anecdotes remains in the fourth edition. David Ross was well known as a man with eclectic interests. He played the didgeridoo. He also played the trombone and sousaphone but in a jazz band. He was also in a barber shop quartet. Interested readers should go to the notations under the topics of ‘Bigamy’ and ‘Jazz’.
The work started out as entries in the author’s personal court book. Benjamin Lindner noted that ‘he took [his court book] to court when he appeared in Alice Springs in the mid 1980s. One day he left it in the offices of the Central Australian Aboriginal Legal Aid Service. The offices were the victim of arson, and his court book was destroyed’.
Undeterred, the author immediately began to recreate it. This work is the culmination of his extraordinary efforts. It is a life’s work.
The author’s enthusiasm for the criminal law was bolstered by his immense pride in its practice. He wore the silk gown, handed to him by Sir Darryl Dawson who, in turn had received it from Sir Keith Aickin. He also took pride in being appointed silk in Guyana, where he taught advocacy.
The breadth of the author’s experience in courts of all levels, including the High Court, translates into a work of immense scope. The author appeared in countless murder trials throughout Australia. The author was also a celebrated advocacy instructor (along with Murray Kellam AO, formally a Judge of the Victorian Court of Appeal, and Dan O’Gorman SC of this Bar, the author led teaching delegations to, among other places, Bangladesh composed of other Australian counsel and directed to the task of teaching advocacy technique). The work clearly shows that the author was an immensely practical lawyer.
Ross on Crime is divided into topics. Each topic has a clear reference number. There are also helpful appendices at the end of the work. Appendix A deals with words and phrases. Appendix B deals with Latin (the author had a great interest Latin — when he was head of John Starke Chambers in Melbourne he erected a sign that read ‘Robertus onculus est’ — ‘Bob’s your uncle’).
Appendix C deals with legal writing. It includes a helpful topic entitled ‘Style’ (point ten in Appendix C is ‘avoid double negatives. Never use triple negatives’). Appendix D is entitled preparation and Appendix E deals with authorised reports and their modes of citation. Appendix F deals with other reports. Appendix G deals with Acronyms and Initialisms.
The work is an indispensible tool for the criminal practitioner. It covers almost every conceivable topic in the practice of criminal law in Australia. That it is logically and simply organised is a bonus. For example, the author divides the topic of ‘Uncharged Acts’ into the following sub-headings:
- Meaning
- Relevance
- Admissibility
- Relationship
- Prejudicial effect and probative value
- Complainant’s evidence is more credible
- Proof not beyond reasonable doubt
- One incident cannot prove relationship or ‘guilty passion’
- The need for a warning to the jury
- Delay in complaint: Longman warning
- The judge’s direction
- Uncharged acts and sentencing
- Possible uncharged acts direction
A lesser work may have provided page references to the diverse opinions in HML v The Queen (2008) 235 CLR 334; [2008] HCA 16 and nothing more.
The author refers widely to legislative provisions from the States and the Commonwealth. His case references and extracts are equally vast (including from overseas jurisdictions). References are not limited to dicta from appellate courts providing the general principle but include examples from cases at trial level. References to helpful journal articles are also included.
The work is an excellent first reference when a more detailed exegesis is required. It is a superlative in-court reference tool.
The author’s untimely death is a tragedy. It pains to think that this may be the last edition of this amazing work. The modern practitioner will find it difficult to surpass the breadth of the author’s practice and experience.
The triumph of the work is its simplicity. Ross on Crime will not sit on a library shelf unused. My copy of the third edition is dog-eared, frayed and falling apart. In a very short space of time, the book will be littered with tabs, markings and notations. I highly recommend it.
Chris Tam
Footnotes
1 The publisher’s web page for the book may be found at this address.
2 Benjamin Lindner, barrister, and former reader of the author may be found here.
