Profiles

Terese Henning

UTAS Home Ms Terese Henning

Terese Henning

Senior Lecturer -

Room 1.03, Faculty of Law Building, Sandy Bay Campus

+61 3 6226 2079 (phone)

+61 3 6226 7623 (fax)

Terese.Henning@utas.edu.au

The quest for justice: achieving equality before the law

Many victims of crime never achieve justice due to the nature of the law. Some of the most vulnerable members of society, such as children and people with cognitive impairments who have been abused, find themselves re-victimised by the legal process. The way they are cross-examined can make even the most concrete evidence seem unreliable in the eyes of the jury. Criminals walk free as a result. Lives are ruined in the process. Nobody wins except the criminals, some of whom are guilty of the most heinous crimes. What processes do we have in place to ensure that our legal system is doing everything in its power to deliver justice to victims of crime in the community?

Terese Henning is the Director of the Tasmanian Law Reform Institute (TLRI) and Senior Lecturer in the Faculty of Law. The TLRI is an independent body that examines the need for law reform in Tasmania and makes recommendations to the government.

The TLRI reviews the law with the aim of eliminating defects in the law and attaining the fairest legal system possible.

Ms Henning has a strong sense of social justice and finds her research at the university very rewarding.

'We are trying to create a more just, harmonious and equal society that ensures optimum laws that will protect the vulnerable and achieve equality before the law for all,' said Ms Henning.

'One of the factors that undermines equality before the law for victims of crime, is the way that rules of evidence have allowed them to be re-victimised during the trial. For example, traditional techniques of cross-examination can be a particular problem in this regard. Where children are concerned, cross-examination can actually produce misleading or inaccurate evidence rather than reliable evidence. '

Victims of crime can end up being victims of the legal system as well.

For example, rape victims could be cross-examined in the most degrading manner under the old laws. The questions were designed to portray the victim in a misleading way and an unfair light. As a result of the questions asked, women who had been raped could be portrayed to the jury as instigating the act and as fabricating allegations.

To modernise the law, largely due to the work of Ms Henning and her associates, the substantive law in Tasmania has been changed. Where sexual offences are concerned, the definitions of rape and consent have been redefined in the criminal code. Changes have been made to the rules of evidence and the cross-examination process as well.

'In our modern society we believe sex requires full and genuine consent. Our law must reflect that,' said Ms Henning. 'Both parties have to agree. No means no! Also a victim's sexual history is irrelevant in a rape case.

If we as a community want to set a standard of behaviour, the law has to be declaratory of community standards.'

Ms Henning's current interest is the protection of vulnerable witnesses and vulnerable defendants. Children and people with cognitive impairments are easily misinterpreted in court due largely to the cross-examination process.

The way questions are asked can lead to either the victim, or the accused, conveying the wrong impression to the jury. For example, children often don't understand the language in the courtroom or the questions that are asked. The result is that they may become confused or unable to provide a clear account of what occurred. This means that the trial process itself can distort their evidence or prevent them from testifying accurately.

'Where children and people with cognitive impairments are concerned, we need to provide mechanisms to control the cross-examination process and enable these witnesses to testify as clearly and coherently possible,' said Ms Henning.

Ms Henning believes that in cases such as this, using an expert intermediary to translate questions so both vulnerable victims and the accused easily understand them, is the best way to obtain accurate and reliable evidence.

'We have to implement such measures to enable them to give evidence so they can achieve equal access to justice,' said Ms Henning.

'At UTAS we have access to some of the best researchers in Tasmania.Our independence means we can take a dispassionate, reasoned and rational view. You don't find this kind of expertise in one place anywhere else.'

Terese Henning is the Director of the Tasmanian Law Reform Institute. She was appointed to this position following a career long commitment to law reform. She has expertise in laws relating to evidence, criminal law, criminal procedure, criminology, sentencing and human rights. Her current research interests focus on human rights and criminal justice, sentencing recidivist drink drivers and mechanisms for obtaining optimum evidence in criminal trials from children and witnesses with cognitive impairments. She is a member of the Tasmanian Sentencing Advisory Council.

Career summary

Qualifications

DegreeTitle of ThesisUniversityCountryAwarded
MPhil CrimPsychological explanations in sentencing women in TasmaniaCambridge UniversityUnited Kingdom1991
LLB (Hons) University of TasmaniaAustralia1984
TTC Education Department of TasmaniaAustralia1975
DipLib Tasmanian College of Advanced EducationAustralia1975
BA University of TasmaniaAustralia1974

Terese was admitted as a Barrister and Solicitor of the Supreme Court of Tasmania and the High Court of Australia (1986). In 2006 the ARC College of Experts nominated her as an internationally recognised 'expert of international standing' who is eminently suited to assess Federation Fellowships proposals.

Biography

Before joining the University of Tasmania, Terese worked as a lawyer in private practice and for the Tasmanian Government in the area of policy and legislation. She obtained a Master of Philosophy in Criminology at the University of Cambridge (UK) in 1991. Prior to that she obtained a law degree with first class honours from the University of Tasmania. She also has a Bachelor of Arts and a Diploma of Librarianship. She worked as a teacher and librarian with the Tasmanian Education Department during the 1970s. She has one child, a daughter, of whom she is extremely proud.

Research Themes

Terese's research aligns with the University's research theme of Creativity, Culture and Society. Her current research interests focus on human rights and criminal justice, sentencing recidivist drink drivers and mechanisms for obtaining optimum evidence in criminal trials from children and witnesses with cognitive impairments. In relation to recidivist drink drivers, her specific interest is in the establishment of a specialist court in Tasmania, adopting a therapeutic approach to the sentencing of such offenders. In relation to child witnesses and witnesses with cognitive impairments, Ms Henning has published articles, chapters in books and given conference papers. She has addressed Judges, members of Parliament and Law Society workshops on existing under-utilised mechanisms in the Evidence Act 2001 (Tas), that facilitate the obtaining of the best evidence from such witnesses and that enable courts to control cross-examination and eliminate its most debilitating features. In relation to criminal justice and human rights, the book she wrote with Jill Hunter, Jeremy Gans and Kate Warner, Criminal Process and Human Rights, was described by Refshauge J of the ACT Supreme Court as breaking new ground in Australian legal writing on the criminal law.

A substantial amount of her research contribution has focused on the removal of legal disabilities suffered by those subjected to sexual violence. In 1997 she obtained a large ARC grant to undertake empirical research on sexual assault trials in the Tasmanian Criminal Court. This was the first large ARC Grant obtained by the Law Faculty at the University of Tasmania. Her research and writings in this area led to and underpinned significant reforms the substantive and adjectival law relating to sexual offences. These reforms aimed to remove disadvantages and injustices suffered by complainants in sexual offences trials. Her work on the Sexual Assault Taskforce also made major contributions in this regard.  In 2001 she obtained a Linkage Grant to investigate the operation of rules of evidence and procedure in quasi-judicial tribunals.  In 2003 with Prof K Warner (principal CI), she was again successful in obtaining a Linkage Grant to evaluate suspended sentences.

A significant impact of her research has been in the enactment of major reforms to the criminal law, criminal procedure and the law of evidence. These reforms resulted directly from Ms Henning's research and recommendations and have produced laws considered to be world's best practice.

There has been a strong law reform focus in much of her scholarly and community work. A significant proportion of her research output has taken the form of consultant and government reports including reports on human rights law, the law of arrest in Tasmania, the physical punishment of children and trial judges' directions to juries. Her publications and research have been cited in primary textbooks, articles and in reports and discussion papers of Law Reform Commissions in other jurisdictions.

Memberships

Committee associations

  • Member of the Tasmanian Sentencing Advisory Council (2015 onwards);
  • Member of the Tasmanian Magistrates Court Diversion List Steering Committee (2015 onwards);
  • Member of the Australian and New Zealand Society of Criminologists (1989 - present);
  • Member of the Australasian Law Teachers' Association, (1989-present); 
  • Tasmanian editor of the Criminal Law Journal.

Other

  • Fellow of the Cambridge Commonwealth Trust (1991 - present);
  • Honorary Associate Member of the Centre for Criminology and the Social and Philosophical Study of Law, University of Edinburgh, (August - December 1995);
  • Member of the Board of the Law Reform Institute of Tasmania (2001 – 2015);
  • Member of the Australian Law Reform Commission Advisory Committee on the Review of the Uniform Evidence Acts (2004 – 2005);
  • Member of Uniform Evidence Law Reform Committee (1989-1996);
  • Member of the Child Witnesses Law Reform Committee (1989-1992);
  • Member of the Mental Element in Crime Law Reform Committee (1989-1992);
  • Consultant to the Tasmanian Justice Department Sexual Assault Task Force;
  • Tasmanian representative on the Reference Group for the Model Criminal Code;
  • Member of the Board of the Tasmanian Commissioner for Review;
  • Member of the women's advisory group to the Tasmanian Attorney General;
  • Sub-editor of the Journal of Law and Information Science (1990-1995).

Administrative expertise

Terese was the Associate Dean Teaching and Learning for the Law Faculty from 2008 – 2012. She was Sub-Dean of the Law Faculty from 2012-2014. Whilst Associate Dean, she undertook a major review and re-design of the Law degree. 

She conducted the major consultation for the TLRI in 2006/2007 into a Charter of Rights for Tasmania. As Director of the TLRI she has responsibility for the management of the Institute.With Isabelle Bartkowiack-Théron of the Tasmanian Institute of Law Enforcement Studies, Ms Henning organised an international two-day workshop in Hobart in September 2013 to map pathways to address the issue of recidivist drink driving for which they obtained a financial grant from the Law Society of Tasmania. Speakers included local, national and international members of the criminal justice system, service providers, victims' associations and Tasmanian government representatives.

Teaching

Evidence law with a focus on Australian Uniform Evidence Law, Criminal Procedure, Criminology Human Rights

Teaching expertise

Her teaching experience includes:

  • Evidence 1989 – 2014 (Co-ordinator of the unit); awarded a Teaching Merit Certificate in 2006;
  • Criminology 1989 – 2014 (Co-ordinator of the unit with Prof Kate Warner and Jeremy Prichard)
  • Criminal Law 1989 – 1991; 2006.
  • Criminal Law B 2013
  • Professional Conduct 1994 – 2005;
  • Criminal Procedure (Co-ordinator of unit) 1989-2014.
  • Human Rights law – 2008.

She has supervised ten PhD students in all these fields.

Research Appointments

Member of the Australian Law Reform Commission Advisory Committee on the Review of the Uniform Evidence Acts (2004 – 2005)

Research Invitations

Ms Henning has been invited to present papers on evidence law, human rights teaching and recidivist drink driving at conferences and workshops including judicial conferences, prosecutors' workshops and continuing legal education programs. Her most recent contributions include the following:

Henning, T, (2014) 'Developing human rights thinking in teaching Australian criminal justice: implications for negotiating vulnerability,' Vulnerable People, Criminal Justice and Policing: competing or irreconcilable views? Workshop, University of Tasmania, 30th October Hobart.

Henning, T and Hunter, J, (2014) 'Mainstreaming human rights literacy (and culture) in a wilderness?' Melbourne University Law School, 21st Feb, Melbourne;

Henning, T (2013) 'Existing unidentified measures for obtaining the best evidence form vulnerable complainants in criminal trials in uniform Evidence Act jurisdictions', International Society for the Reform of Criminal Law, 26th International Conference: International Responses to Social and Justice Challenges, August 15-18, Hobart.

Henning T, (2013)'Special Measures for Child Witnesses and Witnesses with Cognitive Impairments' Criminal Evidence and Procedure Workshop, 5th-6th February, Melbourne University Law School. 

She was invited to present a conference paper in Oxford in March 2008 on drug law enforcement, harm minimisation and human rights. She has reported to the Max Planck Institute in Frieburg and the German Government on Australian laws relating to video-recording of police interviews.

View more on Ms Terese Henning in WARP

Expertise

  • Evidence law
  • Criminal procedure
  • Criminology
  • Sentencing
  • Human rights and criminal justice
  • Sentencing recidivist drink drivers
  • Obtaining optimum evidence in criminal trials from children and witnesses with cognitive impairments.

Collaboration

Terese has been involved in a number of research collaborations including investigating the adoption of a problem solving approach to recidivist drink driving in the Tasmanian magistrates court; the Rules of Evidence in Quasi-Judicial Tribunals; human rights and criminal procedure in Australia; Australian evidence law and pre-trail and trial procedure; obtaining optimum evidence from vulnerable witnesses.

Current projects

  • The optimum model for dealing with recidivist drink driving in the Tasmanian Magistrates Court;
  • Reform to the Law Relating the Bullying;
  • Reform of the law relating to consent to assault in the Tasmanian Criminal Code;
  • Reform of the Law relating to self defence in the Tasmanian Criminal Code;
  • Obtaining the best evidence from vulnerable witnesses, focussing on children and witnesses with cognitive impairments;
  • Reform of the law relating to boundary hedge disputes.

Research Fields

  • Criminal Law and Procedure (180110)
  • Access to Justice (180102)
  • Human Rights Law (180114)

Research Impact

  • Criminal Justice (940403)
  • Law Reform (940405)
  • Law Enforcement (940404)

Publications

Ms Henning has publications in all her research areas, including books, chapters in books, refereed articles in scholarly journals and conference papers.

Her most recent book is The Trial written with Jill Hunter, Mehera San Roque, Gary Edmond, Rebecca McMahon and  James Metzger published by Federation press in 2015.

With Prof Jill Hunter, Assoc Prof Jeremy Gans and Prof Kate Warner, Ms Henning has written a book on human rights and criminal process published in 2011 by Federation.

In 2006/2007 the Department of Attorney-General, Tasmania funded Ms Henning to coordinate the Tasmanian human rights consultation for the Tasmanian Law Reform Institute. The consultation resulted in the largest number of original submissions to the TLRI of any project undertaken to dateand exceeded, on a per capita basis, the number of submissions received by the Victorian and ACT human rights consultations.

She has singly and jointly authored articles on vulnerable witnesses, evidence law, and criminal procedure published in refereed journals and, in one case, as a book chapter. These include most recently:

  • Bowden, P and Henning, T and Plater, DJ, (2014)  'Balancing The Fairness To Victims, Society and Defendants In The Cross-Examination Of Vulnerable Witnesses: An Impossible Triangulation?' Melbourne University Law Review, 37 pp. 539-584. ISSN 0025-8938
  • Henning, T (2013) 'Obtaining the Best Evidence From Children and Witnesses with Cognitive Impairments – Plus Ça Change Or Prospects New?' Criminal Law Journal 37, 3 pp 155-174.
  • Griggs, L, Henning, T and Prichard, J, (2012) 'Does the despoiler of water have a proprietary right in the Commingled Product? Implications for Property Law and Criminal Procedure', Monash University Law Review, 38 (3) pp. 35-54. ISSN 0311-3140
  • Henning, T and Cashman, K (2012) 'Lawyers and DNA – Issues in Understanding and Challenging the Evidence' 24 Current Issues in Criminal Justice 69.
  • Henning, T, 'Vulnerable Suspects and Arrest and Investigative Processes', Policing Vulnerability, Federation Press, I Bartkowiak-Théron and NL Asquith (ed), Leichhardt, NSW, pp. 214-230. ISBN 978-186287-897-6 (2012)
  • Henning, T and Hunter, J, 'Finessing the Fair Trial for Complainants and the Accused: Mansions of Justice or Castles in the Air?' Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions, Hart Publishing Ltd., P Roberts and J Hunter (ed), Oxford and Portland, Oregon, pp. 347-368. ISBN 978-1-84946-172-6 (2012)

The two-volume textLitigation I & II published in 2005 that she co-authored with Camille Cameron and Jill Hunter deals extensively with criminal process and evidence laws for all Australian jurisdictions. It was the prescribed or recommended text in 16 Australian university law schools for four years.

Total publications

62

Highlighted publications

(10 outputs)
YearTypeCitationAltmetrics
2005BookHunter J, Cameron C, Henning T, 'Litigation I: Evidence and Criminal Process', Butterworths / Lexis Nexis, Sydney, pp. 1603. ISBN 0409322687 (2005) [Revision/New Edition]

[eCite] [Details]

2005BookHunter J, Cameron C, Henning T, 'Litigation II: Civil Procedure', Butterworths / Lexis Nexis, Sydney, pp. 393. ISBN 0409322695 (2005) [Revision/New Edition]

[eCite] [Details]

2003Chapter in BookHenning T, Warner CA, 'The Criminal Process and Sentencing', Crime and Justice, An Australian Textbook in Criminology, Lawbook Co, Andrew Goldsmith, Mark Israel, Kathleen Daly (ed), Sydney, pp. 263-283. ISBN 0455218315 (2003) [Other Book Chapter]

[eCite] [Details]

Co-authors: Warner CA

2002BookWarner CA, Henning T, Davis J, Porter D, 'Sentencing in Tasmania', The Federation Press, Sydney, pp. 476. ISBN 1862873488 (2002) [Revision/New Edition]

[eCite] [Details]

Co-authors: Warner CA; Davis J

2002Contract Report, Consultant's ReportWarner CA, Rudolf JL, Henning T, 'Custody, Arrest and Police Bail', Tasmanian Law Reform Institute, 1 (2002) [Consultants Report]

[eCite] [Details]

Co-authors: Warner CA; Rudolf JL

2001Journal ArticleHenning T, 'Beyond 'Beyond ReasonableDoubt': Wrong Decisions in Sexual Offences Trials', Australian Journal of Law and Society, 15 pp. 1-41. ISSN 0729-3356 (2001) [Refereed Article]

[eCite] [Details]

2000BookHenning T, 'Consent and Mistaken Belief in Consent in Tasmanian Sexual Offences Trials', University of Tasmania Law Press, Hobart, pp. 152. ISBN 1038-1627 (2000) [Authored Other Book]

[eCite] [Details]

1999Journal ArticleHenning T, 'Judicial Summation: The Trial Judge's Version of the Facts or the Chimera of Neutrality', International Journal for the Semiotics of Law, 12, (2) pp. 169-210. ISSN 0952-8059 (1999) [Refereed Article]

DOI: 10.1023/A:1008942707893 [eCite] [Details]

Tweet

1998Chapter in BookHenning T, Bronitt S, 'Rape victims on trial: Regulating the use and abuse of sexual history evidence', Balancing the Scales: Rape, Law Reform & Australian Culture, Federation Press, Easteal, P (ed), Sydney, pp. 76-93. ISBN 1-86287-304-6 (1998) [Research Book Chapter]

[eCite] [Details]

1996BookHenning T, 'Sexual Reputation and Sexual Experience Evidence in Tasmanian Proceedings Relating to Sexual Offences', University of Tasmania Law School, Hobart, pp. 80. ISBN 1038-1627 (1996) [Authored Research Book]

[eCite] [Details]

Journal Article

(19 outputs)
YearCitationAltmetrics
2014Bowden P, Henning T, Plater DJ, 'Balancing The Fairness To Victims, Society and Defendants In The Cross-Examination Of Vulnerable Witnesses: An Impossible Triangulation?', Melbourne University Law Review, 37, (3) pp. 539-584. ISSN 0025-8938 (2014) [Refereed Article]

[eCite] [Details]

Co-authors: Plater DJ

2013Henning T, 'Obtaining the best evidence from children and witnesses with cognitive impairments - 'plus ca change' or prospects new?', Criminal Law Journal, 37, (3) pp. 155-174. ISSN 0314-1160 (2013) [Refereed Article]

[eCite] [Details]

2012Cashman K, Henning T, 'Lawyers and DNA: Issues in understanding and challenging the evidence', Current Issues in Criminal Justice, 24, (1) pp. 69-83. ISSN 1034-5329 (2012) [Refereed Article]

[eCite] [Details]

Co-authors: Cashman K

2012Griggs L, Henning T, Prichard J, 'Does the despoiler of water have a proprietary right in the Commingled Product? implications for Property Law and Criminal Procedure', Monash University Law Review, 38, (3) pp. 35-54. ISSN 0311-3140 (2012) [Refereed Article]

[eCite] [Details]

Co-authors: Griggs L; Prichard J

2006Henning T, 'Control of cross-examination - A snowflake's chance in hell?', Criminal Law Journal, 30, (3) pp. 133-137. ISSN 0314-1160 (2006) [Letter or Note in Journal]

[eCite] [Details]

2003Blackwood JB, Henning T, 'The Rules of Evidence and the right to procedural fairness in proceedings of four Tasmanian quasi-judicial tribunals', Australian Journal of Administrative Law, 10, (2) pp. 84-106. ISSN 1320-7105 (2003) [Refereed Article]

[eCite] [Details]

Co-authors: Blackwood JB

2003Blackwood JB, Henning T, 'Tribunals' power to control their own procedures and the requirements of procedural fairness', Australian Journal of Administrative Law, 11, (1) pp. 5-33. ISSN 1320-7105 (2003) [Refereed Article]

[eCite] [Details]

Co-authors: Blackwood JB

2003Henning T, 'One Little Smack - Will you be in the Slammer?', Criminal Law Journal, 27, (6) pp. 293-302. ISSN 0314-1160 (2003) [Letter or Note in Journal]

[eCite] [Details]

2001Henning T, 'Rape (Pafitis)', Criminal Law Journal, 25, (3) pp. 162-169. ISSN 0314-1160 (2001) [Contribution to Refereed Journal]

[eCite] [Details]

2001Henning T, 'Beyond 'Beyond ReasonableDoubt': Wrong Decisions in Sexual Offences Trials', Australian Journal of Law and Society, 15 pp. 1-41. ISSN 0729-3356 (2001) [Refereed Article]

[eCite] [Details]

1999Henning T, 'Judicial Summation: The Trial Judge's Version of the Facts or the Chimera of Neutrality', International Journal for the Semiotics of Law, 12, (2) pp. 169-210. ISSN 0952-8059 (1999) [Refereed Article]

DOI: 10.1023/A:1008942707893 [eCite] [Details]

Tweet

1999Henning T, Freckelton I, 'Speculation uncorroborated opinions and forensic expertise in child sex prosecutions', Psychiatry, Psychology and the Law, 6, (1) pp. 105-116. ISSN 1321-8719 (1999) [Letter or Note in Journal]

[eCite] [Details]

1998Henning T, 'Duniam', Criminal Law Journal, 22, (3) pp. 175-180. ISSN 0314-1160 (1998) [Letter or Note in Journal]

[eCite] [Details]

1998Henning T, Freckelton I, 'Lies, Personality Disorders and Expert Evidence: New Developments in the Law', Psychiarty, Psychology and Law, 5, (2) pp. 271-283. ISSN 1321-8719 (1998) [Refereed Article]

[eCite] [Details]

1997Henning T, 'Hidden Factors in the Assessment of Offenders for Community Service Orders in Tasmania', Current Issues in Criminal Justice, 8, (3) pp. 287-316. ISSN 1034-5329 (1997) [Refereed Article]

[eCite] [Details]

1997Henning T, 'Consent in Sexual Offences Cases: the continuing construction', Women Against Violence: an Australian feminist journal , (3) pp. 4-14. ISSN 1327-5550 (1997) [Refereed Article]

[eCite] [Details]

1997Henning T, 'The Incredible Woman: Power and Sexual Politics, Volumes 1 and 2', Women Against Violence: an Australian feminist journal, (3) pp. 52-54. ISSN 1327-5550 (1997) [Letter or Note in Journal]

[eCite] [Details]

1995Henning T, 'Psychological Explanations in Sentencing Women in Tasmania', The Australian and New Zealand Journal of Criminology, 28, (3) pp. 298-322. ISSN 0004-8658 (1995) [Refereed Article]

DOI: 10.1177/000486589502800304 [eCite] [Details]

Tweet

1995Henning T, 'Attorney General's Reference No 2 of 1993; Re Mansell', Criminal Law Journal, 19, (2) pp. 100-105. ISSN 0314-1160 (1995) [Letter or Note in Journal]

[eCite] [Details]

Book

(7 outputs)
YearCitationAltmetrics
2015Hunter J, Henning T, Edmond G, McMahon R, Metzger J, et al., 'The Trial: Principles, Process and Evidence', The Federation Press, Australia, pp. 696. ISBN 9781760020262 (2015) [Authored Research Book]

[eCite] [Details]

2011Gans J, Henning T, Hunter J, Warner K, 'Criminal Process and Human Rights', The Federation Press, Sydney, pp. 518. ISBN 978-186287-838-9 (2011) [Authored Research Book]

[eCite] [Details]

Co-authors: Warner K

2005Hunter J, Cameron C, Henning T, 'Litigation I: Evidence and Criminal Process', Butterworths / Lexis Nexis, Sydney, pp. 1603. ISBN 0409322687 (2005) [Revision/New Edition]

[eCite] [Details]

2005Hunter J, Cameron C, Henning T, 'Litigation II: Civil Procedure', Butterworths / Lexis Nexis, Sydney, pp. 393. ISBN 0409322695 (2005) [Revision/New Edition]

[eCite] [Details]

2002Warner CA, Henning T, Davis J, Porter D, 'Sentencing in Tasmania', The Federation Press, Sydney, pp. 476. ISBN 1862873488 (2002) [Revision/New Edition]

[eCite] [Details]

Co-authors: Warner CA; Davis J

2000Henning T, 'Consent and Mistaken Belief in Consent in Tasmanian Sexual Offences Trials', University of Tasmania Law Press, Hobart, pp. 152. ISBN 1038-1627 (2000) [Authored Other Book]

[eCite] [Details]

1996Henning T, 'Sexual Reputation and Sexual Experience Evidence in Tasmanian Proceedings Relating to Sexual Offences', University of Tasmania Law School, Hobart, pp. 80. ISBN 1038-1627 (1996) [Authored Research Book]

[eCite] [Details]

Chapter in Book

(10 outputs)
YearCitationAltmetrics
2012Henning T, 'Vulnerable Suspects and Arrest and Investigative Processes', Policing Vulnerability, Federation Press, I Bartkowiak-Theron and NL Asquith (ed), Leichhardt, NSW, pp. 214-230. ISBN 978-186287-897-6 (2012) [Research Book Chapter]

[eCite] [Details]

2012Henning T, Hunter J, 'Finessing the Fair Trial for Complainants and the Accused: Mansions of Justice or Castles in the Air?', Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions, Hart Publishing Ltd., P Roberts and J Hunter (ed), Oxford and Portland, Oregon, pp. 347-368. ISBN 978-1-84946-172-6 (2012) [Research Book Chapter]

[eCite] [Details]

2006Warner CA, Henning T, 'The Criminal Process and Sentencing', Crime and Justice: A Guide to Criminology, Lawbook Co, Andrew Goldsmith, Mark Israel, Kathleen Daly (ed), Sydney, pp. 305-328. ISBN 0 455 22256 8 (2006) [Revised Book Chapter]

[eCite] [Details]

Co-authors: Warner CA

2003Henning T, Warner CA, 'The Criminal Process and Sentencing', Crime and Justice, An Australian Textbook in Criminology, Lawbook Co, Andrew Goldsmith, Mark Israel, Kathleen Daly (ed), Sydney, pp. 263-283. ISBN 0455218315 (2003) [Other Book Chapter]

[eCite] [Details]

Co-authors: Warner CA

1998Henning T, Bronitt S, 'Rape victims on trial: Regulating the use and abuse of sexual history evidence', Balancing the Scales: Rape, Law Reform & Australian Culture, Federation Press, Easteal, P (ed), Sydney, pp. 76-93. ISBN 1-86287-304-6 (1998) [Research Book Chapter]

[eCite] [Details]

1996Henning T, 'Conviction or Non-conviction', Laws of Australia, Law Book Company Limited, Riordan, J; Freckleton, I (ed), Sydney, pp. 9-19. (1996) [Research Book Chapter]

[eCite] [Details]

1996Henning T, 'Unconditional Release', Laws of Australia, Law Book Company Limited, Riordan J; Freckleton, I (ed), Sydney, pp. 21-26. (1996) [Research Book Chapter]

[eCite] [Details]

1996Henning T, 'Unsupervised Conditional Release', Laws of Australia, Law book Company Limited, Riordan J; Freckleton, I (ed), Sydney, pp. 27-48. (1996) [Research Book Chapter]

[eCite] [Details]

1996Henning T, 'Intermediate Sentences of Supervised Release', Laws of Australia, Law Book Company Limited, Riordan, J; Freckleton, I (ed), Sydney, pp. 49-95. (1996) [Research Book Chapter]

[eCite] [Details]

1996Henning T, 'Suspended Sentences of Imprisonment', Laws of Australia, Law Book Company Limited, Riordan J; Freckleton, I (ed), Sydney, pp. 97-110. (1996) [Research Book Chapter]

[eCite] [Details]

Review

(1 outputs)
YearCitationAltmetrics
1998Henning T, 'Feminism and Criminology', Criminal Law Journal, 22, (3) pp. 181-183. (1998) [Review Single Work]

[eCite] [Details]

Conference Publication

(5 outputs)
YearCitationAltmetrics
2014Henning T, Hunter J, 'Mainstreaming human rights literacy (and culture) in a wilderness?', Melbourne University Law School, 21st Feb, Melbourne (2014) [Non Refereed Conference Paper]

[eCite] [Details]

2012Cashman K, Julian R, Kelty S, Henning T, 'Lawyers and DNA: Understanding and challenging the evidence', 21st International Symposium on the Forensic Sciences, 23-27 September 2012, Hotel Grand Chancellor, pp. 326. (2012) [Conference Extract]

[eCite] [Details]

Co-authors: Cashman K; Julian R; Kelty S

2006Henning T, 'A Tasmanian Bill of Rights', Australian Bills of Rights, the ACT and Beyond, 21 June 2006, Canberra, pp. 4. (2006) [Non Refereed Conference Paper]

[eCite] [Details]

2002Henning T, Blackwood JB, 'The Rules of Evidence and the Right to Procedural Fairness in Proceedings of Four Tasmanian Quasi-Judicial Tribunals', The International Institute of Forensic Studies, 2-5 July 2002, Italy, pp. 42. ISBN 0-9581578-0-4 (2002) [Refereed Conference Paper]

[eCite] [Details]

Co-authors: Blackwood JB

2001Blackwood JB, Henning T, 'Examination of the Application of the Rules of Evidence in Quasi-Judicial Tribunals', Fourth Annual AIJA Tribunals Conference, 8 June 2001, Sydney, pp. 1-15. (2001) [Non Refereed Conference Paper]

[eCite] [Details]

Co-authors: Blackwood JB

Contract Report, Consultant's Report

(14 outputs)
YearCitationAltmetrics
2012Bradfield RJ, Henning T, 'Evidence Act 2001 sections 97, 98 & 101 and Hoch's Case: Admissibility of tendency and coincidence evidence in sexual assault cases with multiple complainants', Tasmanian Law Reform Institute, Hobart, TLRI Final Report 16 (2012) [Contract Report]

[eCite] [Details]

Co-authors: Bradfield RJ

2011Stojcevski V, Henning T, Quayle BK, Newey B, 'Consolidation of Arrest Laws In Tasmania', Tasmanian State Government, Hobart, Tasmania, 15 (2011) [Consultants Report]

[eCite] [Details]

Co-authors: Stojcevski V; Quayle BK; Newey B

2009Bradfield RJ, Henning T, 'Evidence Act 2001 sections 97, 98 & 101 and Hoch's Case: Admissibility of tendency and coincidence evidence in sexual assault cases with multple complainants', Tasmanian Law Reform Institute, 15 (2009) [Contract Report]

[eCite] [Details]

Co-authors: Bradfield RJ

2007Warner CA, Henning T, 'A Charter of Rights for Tasmania', Tasmanian State Government, 10 (2007) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA

2006Henning T, 'A Charter of Rights for Tasmania', Tasmania State Government, 11 (2006) [Contract Report]

[eCite] [Details]

2006Henning T, Stojcevski V, 'Consolidation of Arrest Laws in Tasmania', Tasmanian State Government, 10 (2006) [Contract Report]

[eCite] [Details]

Co-authors: Stojcevski V

2005Henning T, Warner CA, Rudolf JL, Hemming C, 'Warnings in sexual offences cases relating to delay in complaint', Tasmania Law Reform Institute, Issue Paper No. 8 (2005) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA; Rudolf JL; Hemming C

2004Warner CA, Chalmers DRC, Henning T, Rudolf JL, 'Offending while on bail', Tasmania Law Reform Institute, 1 (2004) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA; Chalmers DRC; Rudolf JL

2004Warner CA, Chalmers DRC, Henning T, Rudolf JL, Mackie KF, 'The Forfeiture Rule', Tasmania Law Reform Institute, 6 (2004) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA; Chalmers DRC; Rudolf JL; Mackie KF

2004Warner CA, Griggs LD, Chalmers DRC, Henning T, Rudolf JL, 'Vendor Disclosure', Tasmania Law Reform Institute, 5 (2004) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA; Griggs LD; Chalmers DRC; Rudolf JL

2004Warner CA, Griggs LD, Chalmers DRC, Henning T, Rudolf JL, 'Vendor Disclosure', Tasmania Law Reform Institute, 6 (2004) [Contract Report]

[eCite] [Details]

Co-authors: Warner CA; Griggs LD; Chalmers DRC; Rudolf JL

2002Warner CA, Rudolf JL, Henning T, 'Custody, Arrest and Police Bail', Tasmanian Law Reform Institute, 1 (2002) [Consultants Report]

[eCite] [Details]

Co-authors: Warner CA; Rudolf JL

2002Warner CA, Rudolf JL, Henning T, 'Physical Punishment of Children', Tasmania Law Reform Institute, 3 (2002) [Consultants Report]

[eCite] [Details]

Co-authors: Warner CA; Rudolf JL

1996Henning T, 'Sexual Reputation and Sexual Experience Evidence in Tasmanian Proceedings Relating to Sexual Offenders', Justice Department of Tasmania, 4 (1996) [Contract Report]

[eCite] [Details]

Major Creative Work

(2 outputs)
YearCitationAltmetrics
2007Henning T, 'A Charter of Rights for Tasmania? ', Tasmanian State Government, Tasmania, Australia, Issue Paper No. 11, pp. 258 (2007) [Published Creative Work]

[eCite] [Details]

2006Henning T, Stojcevski V, 'Warnings in sexual offences cases relating to delay in complaint', Tasmanian State Government, Tasmania, Australia, 1, pp. 50 (2006) [Published Creative Work]

[eCite] [Details]

Co-authors: Stojcevski V

Other Public Output

(4 outputs)
YearCitationAltmetrics
2015Bartkowiak-Theron IMF, Henning T, 'Therapeutic Justice and Recidivist Drink Drivers: irreconcilable or compatible issues?', TILES Briefing Papers, University of Tasmania, 11 (2015) [Report]

[eCite] [Details]

Co-authors: Bartkowiak-Theron IMF

2007Atkins KM, Coady DA, Crowley CM, Gale F, Henning T, et al., 'Academics lash Lennon 'ethics'', The Mercury, Davies Brothers (News Limited), Hobart, March 24 (2007) [Newspaper Article]

[eCite] [Details]

Co-authors: Atkins KM; Coady DA; Crowley CM; Gale F; Lawrence PM; Lockwood M; Malpas J; Snell RD; Stamm M; Stokes MD; Stratford E; Warner CA; White RD

1999Henning T, 'Medical Tribunal of Tasmania: Rules of Evidence and procedure and legal Represetation', Medical Council of Tasmania, Medical Council of Tasmania, Tasmania, 1, 1 (1999) [Report of Restricted Access]

[eCite] [Details]

1996Henning T, 'Constraints on the Operation of Community Service Orders in Tasmania', Constraints on the Operation of Community Service Orders in Tasmania, Law Faculty, University of Tasmania, Hobart, 1 (1996) [Report of Restricted Access]

[eCite] [Details]

Grants & Funding

Ms Henning has been awarded a number of competitive grants. She was the first researcher in the Law faculty to be awarded a large ARC grant (1997) to investigate the to investigate the topic – 'Control of the conduct of sexual Assault Trials in Tasmania: Have the 1987 Legislative Reforms Achieved Their Objective?' (First chief investigator, $78,000.00 over three years).  

Other research grants she has been awarded are:

  • Law Society of Tasmania Grant (2013): funded a workshop to explore the feasibility of adopting a problem solving approach to recidivist drink driving by the Magistrates Court in Tasmania, by establishing a specialist court in this regard. Grant obtained with Isabelle Bartkowiak-Théron.
  • ARC Funded Project with Professor CA Warner (Principal CI) (2003 – 2006): Linkage Grant: An Evaluation of Suspended Sentences.
  • SPIRT grant 2000: Examination of the Application of the Rules of Evidence in Proceedings of Quasi-Judicial Tribunals. First chief investigator, $75,000.00 over three years.
  • Justice Department of Tasmania, 1994:  Evaluation of Sexual Offences Law Reform, $8,000.00.
  • School of Commerce and Law Strategic Research Fund 1995:  Sexual Offences Law Reform, $4,665.00.
  • Law Foundation of Tasmania, 1992:  The Operation of Community Service Orders in Tasmania, $10,577.00.
  • School of Business and Law Strategic Research Grants, 1993, 1994:  Domestic Violence, $16,287.00 (With Professor K. Warner and P. Baron).

Funding Summary

Number of grants

9

Total funding

$1,316,024

Projects

Tasmanian Constitutional Law Reform Initiative (2015)$7,335
Description
This application is for foundational research needed to inform a Tasmanian constitutional law reform project. The Tasmanian' Constitution' Act 1934 (the Constitution) is, ostensibly, the fundamental law of the state and the source of rules for its legal governance. However, Tasmanias Constitution is extremely limited in this respect. It is a largely skeletal document, which does not fully describe the constitution of the state or its legal and governance system. A number of its provisions have been repealed without replacement, or are insufficiently specific about important matters of Law and government. This has resulted in constitutional uncertainties and culminated in constitutional crises. Equally concerning is a general lack of awareness of, and engagement with, the Constitution amongst the legal and general community. That is probably not least because the constitution fails to articulate any clear statement about the shared heritage, values and priorities that Tasmanians consider important guides toGood government in the state.
Funding
Law Foundation of Tasmania ($7,335)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Gogarty B; Henning T; Hilkemeijer A; Sealy L; Stokes MD
Year
2015
An Evaluation of Suspended Sentences (2003 - 2006)$89,289
Funding
Australian Research Council ($69,098)
Scheme
Grant-Linkage Projects Round 2 APA(I)
Administered By
University of Tasmania
Research Team
Warner CA; Henning T; Bingham R
Period
2003 - 2006
Grant Reference
LP0349240
Tasmanian Law Reform Institute (2001 - 2019)$1,025,000
Funding
Department of Premier and Cabinet ($1,025,000)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Henning T; Cockburn HM
Period
2001 - 2019
Examination of the Application of the Rules of Evidence in Proceedings of Quasi-judicial Tribunals (2001 - 2003)$75,000
Funding
Australian Research Council ($75,000)
Scheme
Grant-SPIRT
Administered By
University of Tasmania
Research Team
Henning T; Otlowski MFA; Blackwood JB
Period
2001 - 2003
Grant Reference
C00107034
Supplementary Funding (1998)$10,000
Funding
University of Tasmania ($10,000)
Scheme
Grant-Supplementary
Administered By
University of Tasmania
Research Team
Warner CA; Henning T
Year
1998
Control of the conduct of sexual assault trials in Tasmania: have the 1987 legislative reforms achieved their objective? (1997 - 1999)$79,323
Funding
Australian Research Council ($79,323)
Scheme
Grant-Large
Administered By
University of Tasmania
Research Team
Henning T; Warner CA
Period
1997 - 1999
Grant Reference
A59702993
A study of the legal response to reported incidents of domestic violence (1994)$11,500
Funding
University of Tasmania ($11,500)
Scheme
Grant-Supplementary
Administered By
University of Tasmania
Research Team
Warner CA; Henning T
Year
1994
Sexual offences law reform research project (1994)$8,000
Funding
Justice Department ($8,000)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Warner CA; Henning T
Year
1994
Community Service Orders (1993)$10,577
Funding
Law Foundation of Tasmania ($10,577)
Scheme
Grant
Administered By
University of Tasmania
Research Team
Henning T
Year
1993

Research Supervision

Ms Henning has supervised a number of Higher Degree candidates:

Current Post Graduate Supervision

 Kate Cashman, PhD Co-sup with Assoc Prof Roberta Julian and Sally Kelty, ongoing. Topic: 'Lawyers and DNA: Understanding and Challenging the Evidence'.

Stephen Eley, Co-sup with Prof Kate Warner and George Zdenkowski, ongoing. Topic: 'The evolving role of the prosecutor in sentencing in the 21st century '.

Rhiannon Davies, Co-sup with Prof Kate Warner, ongoing. Topic: 'The Victims' Perspective: Exploring Judicial Acknowledgement of Victim Impact at Sentencing in Sex Offence Cases'.

Past Post Graduate Supervision

Wendy Lacey, PhD submitted for examination in July 2006,  Awarded PhD with a double A. Thesis topic: 'International Human Rights Law and the Exercise of Judicial Discretion in Australia'. Supervisor.

Rebecca Bradfield. Awarded PhD with double A. Thesis topic: 'The treatment of women who kill their violent male partners within the Australian criminal justice system.' Associate Supervisor with Prof Kate Warner.

Olivia Rundle, PhD. Awarded a PhD. Thesis topic: 'How court-connection and and lawyers' perspectives have shaped court connected mediation practice in the Tasmania Supreme Court'. Co-sup with Prof Kate Warner.

David Plater, PhD. Awarded PhD. Thesis topic: 'The changing role of the prosecutor: has the notion of 'the Minister of Justice' outlived its usefulness?' Co-sup with Prof Kate Warner.

Lorana Bartels, PhD Awarded PhD with a double A. Thesis topic: 'Sword or feather? The use and utility of suspended sentences in Tasmania'. Co-sup with Prof Kate Warner.

Helen James, PhD. Awarded a PhD with a double A. Thesis topic: 'The impact of introducing an affirmative model of consent and changes to the defence of mistake in Tasmanian rape trials'. Co-sup with Prof Kate Warner.

Current

4

Completed

6

Current

DegreeTitleCommenced
PhDLawyers and DNA: Understanding and Challenging the Evidence2010
PhDThe Evolving Role in Sentencing of the Australian Prosecutor in the 21st Century2014
PhDExploring the Victim's Perspective of Sentences in Sex Offence Cases2014
PhDForced Marriage as a Crime Against Humanity: Its Genesis, Viability and Future2014

Completed

DegreeTitleCompleted
PhDThe Impact of Introducing an Affirmative Model of Consent and Changes to the Defence of Mistake in Tasmanian Rape Trials
Candidate: Helen Mary Cockburn
2012
PhDThe Changing Role of the Modern Prosecutor: Has the Notion of the "Minister of Justice" Outlived its Use?
Candidate: David John Plater
2011
PhDHow Court-connection and Lawyers' Perspectives Have Shaped Court-connected Mediation Practice in the Supreme Court of Tasmania
Candidate: Olivia Cate Rundle
2010
PhDSword or Feather? The Use and Utility of Suspended Sentences in Tasmania
Candidate: Lorana Monica Bartels
2008
PhDInternational Human Rights Law and the Exercise of Judicial Discretion in Australia
Candidate: Wendy Lacey
2006
PhDWomen who kill their violent male partners
Candidate: Rebecca Jane Bradfield
2002