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Overview

Dr Graeme Brown

Assistant Professor in Criminal Law

LLB (Hons), LLM, MSc, MJur (Dunelm), PhD (Edin), Dip LP, Cert FMS, NP, Solicitor


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Assistant Professor in Criminal Law in the Durham Law School  

Biography

Dr Graeme Brown joined Durham Law School as an Assistant Professor in Criminal Law in September 2018. Prior to joining the Law School, Graeme was a professional support lawyer to the Court of Criminal Appeal in Edinburgh for 13 years.

Dr Brown holds two Masters degrees in law, a third Masters degree in criminal justice, and a PhD in law. He is a graduate of the Universities of Aberdeen (LLB (Hons), Dip LP); Northumbria (LLM with Distinction in Advanced Legal Practice); Glasgow and Strathclyde (MSc with Distinction in Criminal Justice); Durham (MJur); and Edinburgh (PhD). He also holds a Certificate in Forensic Medicine and Science from the Division of Pathology, University of Edinburgh. Graeme is an enrolled solicitor in Scotland (non-practising, admitted 2001), and a member of University College Durham. He is a former Honorary Fellow in Law at the University of Edinburgh.

Both Dr Brown's MJur and PhD theses were passed without corrections. His PhD thesis on judicial decision making in sentencing was supported by a studentship from the Scottish Centre for Crime and Justice Research (http://www.sccjr.ac.uk). It reported the results of an interview-based study with 25 serving Scottish judges and comprised the first empirical study of judicial sentencing in Scotland in a decade.

Dr Brown has lectured on sentencing at judicial training events and at seminars for the legal profession in Scotland and the Republic of Ireland. He has previously been a guest lecturer at the University of Strathclyde and a Visiting Lecturer in Law at Glasgow Caledonian University, where he devised and led a new course on evidence and forensic identification. Dr Brown regularly writes on sentencing issues in the practitioners’ journal Green’s Criminal Law Bulletin, in which he has authored over 50 articles and over 80 case notes. He has also published in the Criminal Law Review and the Irish Judicial Studies Journal.

Dr Brown's first monograph, Criminal Sentencing as Practical Wisdom, was published by Hart in hardback in 2017, and in paperback in 2019 (https://www.bloomsburyprofessional.com/uk/criminal-sentencing-as-practical-wisdom-9781509902613/). His second monograph, Sentencing Rape – A Comparative Analysis, was published by Hart in 2020 (https://www.bloomsburyprofessional.com/uk/sentencing-rape-9781509917570/).

Graeme’s current research focuses on sentencing theory, law and practice, in particular comparative approaches to sentencing.

Research supervision

Dr Brown welcomes expressions of interest from prospective PhD and MJur students, particularly in the fields of sentencing law, theory and practice (including comparative studies of sentencing). 

Research interests

  • Judicial decision making
  • Criminal law and procedure
  • Philosophy of punishment
  • Comparative sentencing law and practice
  • Sentencing theory, law and practice
  • Criminal justice

Research groups

  • Centre for Criminal Law and Criminal Justice

Publications

Authored book

  • Brown, Graeme (2020). Sentencing Rape - A Comparative Analysis. Hart Publishing.
  • Brown, Graeme (2017). Criminal Sentencing as Practical Wisdom. Hart Publishing.

Conference Paper

  • Brown, G (2019), 'Current issues in sentencing', CLT Criminal Law Conference. Glasgow, 12 March 2019.
  • Brown, G (2018), 'Judicial Reasoning in Sentencing', Committee for Judicial Studies National Conference. Dublin Castle, 16 November 2018.

Journal Article

  • Brown, G (2019). 'Recent developments in the sentencing of young offenders'. Green's Criminal Law Bulletin (158): 5 - 7.
  • Brown, G (2019). 'On wounding - terminology, pathology, and sentencing issues'. Green's Criminal Law Bulletin (158): 1 - 4.
  • Brown, Graeme (2019). ‘How not to make a mountain out of a molehill – appellate guidance on guilty plea discounting in road traffic cases’. Green's Criminal Law Bulletin (157): 2 - 5.
  • Brown, G (2019). 'Four models of judicial reasoning in sentencing'. Irish Judicial Studies Journal 3: 55 - 73
  • Brown, Graeme (2019). 'Voyeurism by 'observing' and 'recording' the complainer - the decision in KT v PF, Falkirk'. Green's Criminal Law Bulletin (157): 5 - 7
  • Brown, G (2019). 'Sentencing armed robbery - the decision in Fleming v HM Advocate'. Green's Criminal Law Bulletin (159): 5 - 7
  • Brown, G (2019). 'The appropriateness of extended sentences for offences involving indecent images of children'. Green's Criminal Law Bulletin (159): 7 - 8
  • Brown, Graeme (2018). ‘Sentencing the aged and infirm embezzler – the decision in Farquhar v HM Advocate’. Green's Criminal Law Bulletin (156): 3 - 6.
  • Brown, Graeme (2018). 'Sentencing Cases: Custodial sentences on young offenders upheld - observations on the need for a punitive element in sentencing young offenders in appropriate cases'. Green's Criminal Law Bulletin (156): 7 - 8.
  • Brown, Graeme (2018). ‘Amending a statutory charge to a common law offence and the operation of s.96 - the decision in Ronald v HM Advocate’. Green's Criminal Law Bulletin (154): 3 - 6.
  • Brown, Graeme (2018). ‘Pleas in mitigation - the decisions in Stewart v HM Advocate and Sinclair v HM Advocate’. Green's Criminal Law Bulletin (152): 3 - 5.
  • Brown, Graeme (2018). ‘Sentencing historic sexual offences - the decision in HM v HM Advocate’. Green's Criminal Law Bulletin (154): 6 - 7.
  • Brown, Graeme (2018). ‘Rape of a young child, undue leniency, and the filming of sexual offences as an aggravating factor in sentencing - the Crown sentence appeal in HM Advocate v CH’. Green's Criminal Law Bulletin (151): 2 - 7.
  • Brown, Graeme (2018). ‘The sentencing range for rape – the decision in JGC v HM Advocate’. Green's Criminal Law Bulletin (151): 7 - 8.
  • Brown, Graeme (2018). ‘Proportionality and rehabilitation in the sentencing of teenaged sex offenders - the decision in VE v HM Advocate’. Green's Criminal Law Bulletin (153): 2 - 4.
  • Brown, Graeme (2018). 'Some Observations on the Scottish Sentencing Council’s Guideline on the Principles and Purposes of Sentencing'. Green's Criminal Law Bulletin (156): 6 - 7
  • Brown, Graeme (2017). ‘Minimum sentence for possession of a disguised firearm and the “exceptional circumstances” test – the decisions in Dinsmore and Morton’. Green's Criminal Law Bulletin (147): 4 - 8.
  • Brown, Graeme (2017). ‘Case Note: Scottish Power Generation Ltd v HM Advocate [2016] HCJAC 99’. Green's Criminal Law Bulletin (145): 3 - 4.
  • Brown, Graeme (2017). ‘Absolute discharge for rape of a young child – some observations on the decision in HM Advocate v Cieslak’. Green's Criminal Law Bulletin (147): 1 - 4.
  • Brown, Graeme (2017). ‘Criminalising image-based sexual abuse: the Abusive Behaviour and Sexual Harm (Scotland) Act 2016’. Green's Criminal Law Bulletin (148): 2 - 5.
  • Brown, Graeme (2017). ‘Updated sentencing guidance for offences involving indecent images of children’. Green's Criminal Law Bulletin (146): 5 - 7.
  • Brown, Graeme (2017). 'Sentencing guidance: sex offences committed in abuse of a position of trust’. Green's Criminal Law Bulletin (145): 5 - 8.
  • Brown, Graeme (2017). ‘Guilty plea discounting and the overruling of the sheriff appeal court’s first guideline judgment – the decision in Saini v PF, Dundee’. Green's Criminal Law Bulletin (150): 3 - 6.
  • Brown, Graeme (2016). ‘Drug supply and the young offender – the decision in Smart v HM Advocate’. Green's Criminal Law Bulletin (144): 5 - 8.
  • Brown, Graeme (2016). ‘A matter of judgment – the discretionary nature of guilty plea discounting re-affirmed’. Green's Criminal Law Bulletin (143): 6 - 8.
  • Brown, Graeme (2016). 'Post-offence convictions, reference to comparable cases in setting punishment parts and the sentencing of historic cases: Sinclair v HM Advocate, [2016] HCJAC 24’. Green's Criminal Law Bulletin (141): 6 - 8.
  • Brown, Graeme (2016). ‘Sentencing for large scale drugs supply: Sutherland v HM Advocate, 2016 S.L.T. 93’. Green's Criminal Law Bulletin (140): 4 - 7.
  • Brown, Graeme (2016). ‘Sentencing guidance for rape: the Crown sentence appeals in K and B’. Green's Criminal Law Bulletin (139): 2 - 7.
  • Brown, Graeme (2015). ‘The appeal court’s rejection of English sentencing authority on assault: SS v HM Advocate, [2015] HCJAC 63’. Green's Criminal Law Bulletin (137): 5 - 7.
  • Brown, Graeme (2015). ‘Changes to the classification of indecent images of children and implications for the sentencing guidelines’. Green's Criminal Law Bulletin (133): 5 - 7.
  • Brown, Graeme (2015). ‘The proper use of English sentencing guidelines and further observations on the guilty plea discount – Geddes v HM Advocate, [2015] HCJAC 43’. Green's Criminal Law Bulletin (136): 3 - 6.
  • Brown, Graeme (2014). ‘Case comment – Muirhead v HM Advocate, [2014] HCJAC 90’. Green's Criminal Law Bulletin (132): 5 - 7.
  • Brown, Graeme (2014). ‘The (non) applicability of English sentencing guidelines – Neill v HM Advocate and Hughes v HM Advocate’. Green's Criminal Law Bulletin (131): 5 - 7.
  • Brown, Graeme (2014). ‘Curfew credit, “instinctive synthesis” and the role of the appeal court in sentence appeals – the decision in McGill v H.M. Advocate’. Green's Criminal Law Bulletin (127): 3 - 6.
  • Brown, Graeme (2014). ‘Orders for lifelong restriction and the fixing of punishment parts (yet again) – the decisions in Ferguson and Chalmers’. Green's Criminal Law Bulletin (129): 3 - 6.
  • Brown, Graeme (2014). ‘Impact mitigation – is the effect of custody on an offender’s child a legitimate sentencing consideration?’. Green's Criminal Law Bulletin (128): 2 - 5.
  • Brown, Graeme (2014). ‘Sentencing teenaged sex offenders, absolute discharges and the notification requirements – H.M. Advocate v KH’. Green's Criminal Law Bulletin (130): 4 - 7.
  • Brown, Graeme (2013). ‘The discretionary nature of the sentence discount affirmed – Murray v HM Advocate’. Green's Criminal Law Bulletin (121): 6 - 8
  • Brown, Graeme (2013). ‘Case Note: Ross v HM Advocate, [2013] HCJAC 111’. Green's Criminal Law Bulletin (126): 5 - 7
  • Brown, Graeme (2013). ‘Towards sentencing guidelines for rape’. Green's Criminal Law Bulletin (125): 5 - 8
  • Brown, Graeme (2013). ‘Sentence discounting in England and Scotland – some observations on the use of comparative authority in sentence appeals’. The Criminal Law Review 674 - 677.
  • Brown, Graeme (2012). ‘Discounts and discretion – Gemmell v HM Advocate’. Green's Criminal Law Bulletin (115): 1 - 5.
  • Brown, Graeme (2012). ‘Sentencing historic cases – Greig v HM Advocate’. Green's Criminal Law Bulletin (120): 1 - 4.
  • Brown, Graeme (2010). ‘New guidelines for sentencing in cases involving child pornography’. Green's Criminal Law Bulletin (106): 2 - 5.
  • Brown, Graeme (2010). ‘Sentencing young offenders’. Green's Criminal Law Bulletin (108): 2 - 5.
  • Brown, Graeme (2005). ‘The sentence discount: a review of recent cases’. The Scottish Law Gazette 73(3): 87 - 92.
  • Brown, Graeme (2005). ‘Preliminary tests under the Road Traffic Act 1988’. Green's Criminal Law Bulletin (74): 4 - 6.
  • Brown, Graeme (2004). ‘Civil recovery under the Proceeds of Crime Act 2002’. Green's Civil Practice Bulletin (60): 3 - 6
  • Brown, Graeme (2004). ‘The Proceeds of Crime Act 2002 – civil consequences of the investigation powers’. Green's Civil Practice Bulletin (59): 2 - 5.

Supervision students