THE CHILD JUSTICE ACT: PROCEDURAL SENTENCING ISSUES

In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo.The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so.Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided

Statin therapy in critical illness : an international survey of intensive care physicians' opinions, attitudes and practice

Background Pleotropic effects of statins on inflammation are hypothesised to attenuate the severity of and possibly prevent the occurrence of the host inflammatory response to pathogen and infection-related acute organ failure. We conducted an international survey of intensive care physicians in Australia, New Zealand (ANZ) and United Kingdom (UK). The aims of the survey were to assess the current prescribing practice patterns, attitudes towards prescribing statin therapy in critically ill patients and opinions on the need for an interventional trial of statin therapy in critically ill patients. Methods Survey questions were developed through an iterative process. An expert group reviewed the resulting 26 items for face and content validity and clarity. The questions were further refined following pilot testing by ICU physicians from Australia, Canada and the UK. We used the online Smart SurveyTM software to administer the survey. Results Of 239 respondents (62 from ANZ and 177 from UK) 58% worked in teaching hospitals; most (78.2%) practised in ‘closed’ units with a mixed medical and surgical case mix (71.0%). The most frequently prescribed statins were simvastatin (77.6%) in the UK and atorvastatin (66.1%) in ANZ. The main reasons cited to explain the choice of statin were preadmission prescription and pharmacy availability. Most respondents reported never starting statins to prevent (65.3%) or treat (89.1%) organ dysfunction. Only a minority (10%) disagreed with a statement that the risks of major side effects of statins when prescribed in critically ill patients were low. The majority (84.5%) of respondents strongly agreed that a clinical trial of statins for prevention is needed. More than half (56.5%) favoured rates of organ failure as the primary outcome for such a trial, while a minority (40.6%) favoured mortality. Conclusions Despite differences in type of statins prescribed, critical care physicians in the UK and ANZ reported similar prescription practices. Respondents from both communities agreed that a trial is needed to test whether statins can prevent the onset of new organ failure in patients with sepsis

The closed spiracle phase of discontinuous gas exchange predicts diving duration in the grasshopper Paracinema tricolor

The discontinuous gas exchange (DGE) pattern of respiration shown by many arthropods includes periods of spiracle closure (C-phase) and is largely thought to serve as a physiological adaptation to restrict water loss in terrestrial environments. One major challenge to this hypothesis is to explain the presence of DGE in insects in moist environments. Here, we show a novel ecological correlate of the C-phase, namely, diving behaviour in mesic Paracinema tricolor grasshoppers. Notably, maximal dive duration is positively correlated with C-phase length, even after accounting for mass scaling and absolute metabolic rate. Here, we propose that an additional advantage of DGE may be conferred by allowing the tracheal system to act as a sealed underwater oxygen reservoir. Spiracle closure may facilitate underwater submersion, which, in turn, may contribute to predator avoidance, the survival of accidental immersion or periodic flooding and the exploitation of underwater resources

GROWTH-STIMULATING FACTOR IN REGENERATING CANINE LIVER

Extracts from dog livers which had been regenerating for 24, 48, and 72 h after hepatectomy were infused for 6 h into the left portal vein of animals which had fresh portacaval shunts (Eck fistula) and which were killed 2 and 3 days later. The brief exposure to the 48-h and especially the 72-h regenerating liver extracts induced a delayed proliferative response predominantly in the left liver lobes, with a slight spillover effect to the right liver lobes but none to the kidney. The response reached its peak 3 days later. In the left but not the right liver lobes, both the 48-h and the 72-h regenerating liver extract reversed the atrophy ordinarily caused by Eck fistula in 3 days and partly prevented the ultrastructural hepatocyte deterioration characteristic of Eck fistula. The active liver extracts apparently contained a growth-control factor or factors which is (are) not insulin or glucagon. © 1979

Structuring visual exploratory analysis of skill demand

The analysis of increasingly large and diverse data for meaningful interpretation and question answering is handicapped by human cognitive limitations. Consequently, semi-automatic abstraction of complex data within structured information spaces becomes increasingly important, if its knowledge content is to support intuitive, exploratory discovery. Exploration of skill demand is an area where regularly updated, multi-dimensional data may be exploited to assess capability within the workforce to manage the demands of the modern, technology- and data-driven economy. The knowledge derived may be employed by skilled practitioners in defining career pathways, to identify where, when and how to update their skillsets in line with advancing technology and changing work demands. This same knowledge may also be used to identify the combination of skills essential in recruiting for new roles. To address the challenges inherent in exploring the complex, heterogeneous, dynamic data that feeds into such applications, we investigate the use of an ontology to guide structuring of the information space, to allow individuals and institutions to interactively explore and interpret the dynamic skill demand landscape for their specific needs. As a test case we consider the relatively new and highly dynamic field of Data Science, where insightful, exploratory data analysis and knowledge discovery are critical. We employ context-driven and task-centred scenarios to explore our research questions and guide iterative design, development and formative evaluation of our ontology-driven, visual exploratory discovery and analysis approach, to measure where it adds value to users’ analytical activity. Our findings reinforce the potential in our approach, and point us to future paths to build on

Interventions to promote patients and families' involvement in adult intensive care settings: a protocol for a mixed-method systematic review.

BACKGROUND: There has been an identified need for greater patient and family member involvement in healthcare. This is particularly relevant in an intensive care unit (ICU), as the family provides a key communicative and practical link between patient and clinician. Family members have been deemed a positive beneficial influence on ICU care and recovery processes, yet they themselves are often emotionally affected after discharge. There has been no standardised evidenced-based approach which explores research on family member involvement and the range and quality of contributions remain unclear. This project will undertake a systematic review to assess the evidence base for interventions designed to promote patient and family member involvement in adult intensive care settings and develop a comprehensive typology of interventions for use by clinicians, patients and carers. METHODS: The following databases will be searched without date restriction: MEDLINE, EMBASE and CINAHL, as well as the Cochrane Central Register of Controlled Trials, Joanna Briggs and Cochrane Libraries. Manual searches of recent back issues of leading ICU and patient experience journals will also be undertaken, as will the reference lists of included studies. Unpublished literature will be sought through grey literature databases, including GreyLit and OpenGrey. All evaluation studies that consider intervention activities to promote patient and family member involvement in adult ICUs will be included; all research designs will be eligible. We will seek to include studies that report on a mixture of relevant outcomes for patients and family members. Abstracts and papers will be independently screened by at least two members of the team to determine their inclusion. Included papers will be assessed for methodological rigour using a standard rating approach, which assesses 'quality of study' and 'quality of information'. Quality assessment will be completed by at least two members of the team. Data on interventions, evaluation methods and outcomes will be collated using a predetermined extraction table. These are likely to be heterogeneous in nature, which will mean that the review will follow a narrative approach to synthesis. DISCUSSION: The review will provide valuable and rigorous insight into the range and quality of interventions available to promote patient and family member involvement in ICU. This is the first step towards addressing the absence of a synthesis of research for this context, and will, in addition, develop a typology of available interventions that will help service users and clinicians make informed decisions about the approaches to patient and family member involvement which they might want to adopt. SYSTEMATIC REVIEW REGISTRATION: PROSPERO (CRD42018086325)

Generation Y and sparkling wines: a cross-cultural perspective

The aim of this study was to investigate and compare the engagement of Generation Y consumers with champagne and sparkling wine across five Anglophone countries. A qualitative approach was adopted using focus groups with young consumers, including images and wine tasting as projective stimuli. There were significant trans-cultural similarities between consumption behaviour (sparkling wine is a women’s drink, and a separate category from still wine, and that they will ‘grow into’ drinking it) but also noticeable differences (responses to images and colours varied substantially, as did attitudes to price and the particular status of champagne). Research into the behaviour of Generation Y as a cohort needs to take account of cultural as much as generational context. However, as a qualitative study the findings need further quantitative validation. Marketers cannot view Generation Y as a single group; even within countries marketing strategies may need to be refined depending on where a product is being sold

Cyber security fear appeals:unexpectedly complicated

Cyber security researchers are starting to experiment with fear appeals, with a wide variety of designs and reported efficaciousness. This makes it hard to derive recommendations for designing and deploying these interventions. We thus reviewed the wider fear appeal literature to arrive at a set of guidelines to assist cyber security researchers. Our review revealed a degree of dissent about whether or not fear appeals are indeed helpful and advisable. Our review also revealed a wide range of fear appeal experimental designs, in both cyber and other domains, which confirms the need for some standardized guidelines to inform practice in this respect. We propose a protocol for carrying out fear appeal experiments, and we review a sample of cyber security fear appeal studies, via this lens, to provide a snapshot of the current state of play. We hope the proposed experimental protocol will prove helpful to those who wish to engage in future cyber security fear appeal research

Complex Interactions between Temperature and Relative Humidity on Water Balance of Adult Tsetse (Glossinidae, Diptera): Implications for Climate Change

Insect water balance plays an important role in determining energy budgets, activity patterns, survival, and population dynamics and, hence, geographic distribution. Tsetse (Glossina spp.) are important vectors of human and animal disease occupying a wide range of habitats in Africa and are notable for their desiccation resistance in xeric environments. Here, we measure water balance and related traits [water loss rate (WLR), body water content (BWC), body lipid content (BLC) and body mass] in adult flies across a range of temperature (20–30°C) and relative humidity (0–99%) combinations in four tsetse species from both xeric and mesic habitats. WLRs were significantly affected by measurement under different temperature and relative humidity combinations, while BWC, BLC, and body mass were less affected. These results provide support for mass-independent inter- and intra-specific variation in WLRs and survival times. Furthermore, water balance responses to variation in temperature and relative humidity are complex in Glossina, and this response varies within and among species, subgroups, and ecotypes in terms of both magnitude of effects and the direction of change. Different effects of temperature and relative humidity within and among experimental conditions and species suggests cuticular permeability and saturation deficit are likely to be key factors in forecasting tsetse water balance responses to climate variability. This complicates potential forecasting of tsetse distribution in the face of climate change