Mr Theo Alexander

STAFF PROFILE

Position

Associate Professor of Practice

Faculty

Faculty of Business and Law

Department

BL Law

Campus

Melbourne Burwood Campus

Qualifications

Master of Laws, Deakin University, 2011

Biography

Theo has been lecturing since 2005 and is an Associate Professor in the Deakin Law School.  He teaches in sentencing law, legal ethics and privilege, and the law of evidence. In addition, Theo has been in practice at the Victorian Bar for almost 15 years. He practises principally in two areas: commerical law and criminal law. 

Academic

Theo holds a PhD with a thesis entitled: ‘A Rational Approach to Sentencing White-Collar Offenders’ and a Masters degree by research discussing the right to silence in concurrent civil and criminal proceedings. 

His academic work has been cited in the case law: eg Davis (a Pseudonym) v The Queen [2016] VSCA 272.

Theo has published widely in professional and academic journals, both in Australia and internationally, including the Melbourne University Law Review, Monash University Law Review, Sydney Law Review, University of New South Wales Law Journal, Albany Law Review and the Journal of Commonwealth Criminal Law. 

He is also the co-author of three law texts: Australian Human Rights Law (CCH, 2011); Uniform Evidence Law: Principles and Practice (CCH, 2015); and Australian Sentencing Law (Thomson Reters, 2017). 

Theo is an editor of the loose-leaf/online service Australian Sentencing and contributing author for The Laws of Australia on terrorism offences.

Theo has given expert evidence to a Senate Economic References Committee, specifically addressing penalties for white-collar crime.

Professional

Theo has appeared in the High Court, Federal Court, and the Supreme Courts of Victoria, Queensland, South Australia and Western Australia in both civil and criminal matters, inlcuding appeals.

Read more on Theo's profile

Research interests

Sentencing and white-collar crime

Teaching interests

Sentencing Law

Evidence Law

Criminal Law

Australian Human Rights Law

International Commercial Law

Conferences

Theo has delivered numerous papers for professional CPD providers, law firms, the Law Institute and government, including:

Ethics Update: Cases and Development, Leo Cussen Centre for Law, Melbourne 2016

The New Uniform Law: ethical implications, State Revenue Office, Melbourne, 2015

Ethics: a review, Australian Securities and Investments Commission, Melbourne 2015

The Ethics of Advising, Legalwise Seminars, Melbourne, 2014

Justice miscarried: update on the new the appeals regime, ICU Seminars, Melbourne, 2013

Ethics for Corporate Lawyers, Australian Corporate Lawyers Association - State Conference, Melbourne, 2012

Professional activities

Example cases:

High Court of Australia

Baini v The Queen (2012) 246 CLR 469 (led by P F Tehan QC); leading authority in respect of the interpretation of the appeal provisions in s 276 of the Criminal Procedure Act 2009 (Vic)

Federal Court of Australia

ACCC v Rana [2008] FCA 374; plea on a Commonwealth prosecution for failing to comply with a notice to provide information

Supreme Court of Victoria - Court of Appeal

Gul v The Queen [2016] VSCA 82; appeal against sentence in relation to trafficking of drugs

Perri v The Queen [2016] VSCA 89 (led by P Holdenson QC); appeal against sentence relating to aggravated burglary and parity

Harrison & Rigogiannis v The Queen (2015) 74 MVR 58; leading decision in relation to current sentencing practices for negligently causing serious injury

Aitchison v The Queen [2015] VSCA 348 (leading H Kirimof); appeal against sentence relating to white-collar offending in Commonwealth matters

Fletcher v The Queen [2015] VSCA 146 (led by P F Tehan QC); effect of witness being excused from giving evidence under s 18 and resultant admissibility under s 65 of the Evidence Act 2008 (Vic)

Kassab v The Queen [2014] VSCA 270 (leading N Hassan); appeal against conviction in respect of defensive homicide

Lewis v The Queen [2014] VSCA 188 (leading H Kirimof); appeal against conviction in respect of omissions from a prospectus lodged with ASIC;

Hugo Rich v The Queen (2014) 312 ALR 429 (leading D Ternovski); a substantial appeal against conviction and sentence for murder arising from an armed robbery

Kenneth Patrick (a pseudonym) v The Queen [2014] VSCA 89 (leading H Kirimof); appeal against conviction for indecent assault on daughter concerning admissibility of opinion evidence under s 76 of the Evidence Act 2008 (Vic)

Soteriou v The Queen [2013] VSCA 328 (led by P F Tehan QC); a notorious attempted murder appeal raising whether judge erred in leaving counselling and procuring basis of guilt to jury

Baini v The Queen [2013] VSCA 157 (led by P Faris QC); remitted appeal against conviction for blackmail concerning whether admission of inadmissible evidence constitutes ‘substantial miscarriage of justice’

Fattal & Ors v The Queen [2013] VSCA 276 (leading H Kirimof): appeal against conviction and sentence for terrorism offences concerning construction of Commonwealth statutory provisions for conspiracy

Supreme Court of Victoria – Trial Division

The Queen v Fairest, Fields & Toohey (Rulings - Fitness to be tried) [2016] VSC 329; unfitness to be tried hearing in relation to

Zukanovic v Magistrates' Court of Victoria at Moorabbin (2011) 32 VR 216; Zukanovic v Magistrates' Court of Victoria at Moorabbin (No.2) (2011) 32 VR 216 (led by M Bearman); application for writ of certiorari in the Supreme Court against a decision of a magistrate for contempt of court and order for costs against an inferior court

Supreme Court of Western Australia – Trial Division

Tulloh v Chief Executive Officer of the Department of Corrections and Prisoners Review Board [2014] WASC 368 (leading H Kirimof); application for a writ of habeas corpus ad subjuciendum

Projects

Legal Education

Theo has delivered papers on ethics, white-collar crime and appellate practice for professional CPD providers, law firms, the Law of Institute of Victoria, Leo Cussen Institute, and various government agencies, including ASIC.

Pro Bono

Theo volunteers his time to train and judge students in advocacy, mooting and witness examination competitions at the Melbourne, Monash, Deakin and La Trobe Universities. He was also a debater in the 2010 and 2015 Legal Comedy Debates.

Publications

Filter by

2016

The fallacy of punishing offenders for the deeds of others: an argument for abolishing offence prevalence as a sentencing aggravating consideration

M Bagaric, T Alexander

(2016), Vol. 38, pp. 23-47, Sydney law review, Sydney, N.S.W., C1

journal

Addressing the curious blackspot that is the separation between the principle of legality and sentencing

T Alexander, M Bagaric

(2016), Vol. 41, pp. 515-551, Monash University law review, Melbourne, Vic, C1

journal
2015

First-time offender, productive offender, offender with dependents: why the profile of offenders (sometimes) matters in sentencing

M Bagaric, T Alexander

(2015), Vol. 78, pp. 397-446, Albany Law Review, Albany, New York, C1

journal
2014

A Rational Approach To Sentencing White- Collar Offenders in Australia

M Bagaric, T Alexander

(2014), Vol. 34, pp. 317-349, Adelaide Law Review, Adelaide, South Australia, C1

journal

(Particularly) burdensome prison time should reduce imprisonment length - and not merely in theory

M Bagaric, R Edney, T Alexander

(2014), Vol. 38, pp. 409-443, Melbourne university law review, Melbourne, Vic., C1

journal
2013

Rehabilitating totality in sentencing: from obscurity to principle

M Bagaric, T Alexander

(2013), Vol. 36, pp. 139-167, University of New South Wales law journal, Sydney, N.S.W., C1

journal
2012

The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn't work, rehabilitation might and the implications for sentencing

M Bagaric, T Alexander

(2012), Vol. 36, pp. 159-172, Criminal law journal, Rozelle, N.S.W., C1

journal

The fallacy that is incapacitation : an argument for limiting imprisonment only to sex and violent offenders

M Bagaric, T Alexander

(2012), pp. 95-124, Journal of commonwealth criminal law, Surrey, England, C1

journal
2011

The fallacy of general deterrence and the futility of imprisoning offenders for tax fraud

M Bagaric, T Alexander, A Pathinayake

(2011), Vol. 26, pp. 511-540, Australian tax forum, Sydney N.S.W., C1

journal

(Marginal) general deterrence doesn't work - and what it means for sentencing

M Bagaric, T Alexander

(2011), Vol. 35, pp. 269-283, Criminal law journal, Rozelle, N.S.W., C1

journal

The illusion that is the right to a fair trial in Australia

M Bagaric, T Alexander, M Ebejer

(2011), Vol. 17, pp. 59-90, Australian journal of human rights, Chatswood , N.S.W., C1

journal

Australian human rights law

M Bagaric, P Faris, T Alexander

(2011), Sydney, N.S.W., A1

book

Funded Projects at Deakin

No Funded Projects at Deakin found

Supervisions

No completed student supervisions to report