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Key decisions

  • Mihelic v R [2019] NSWCCA 2
  • AB (A Pseudonym) v R (No 3) [2019] NSWCCA 46

Mihelic v R [2019] NSWCCA 2

Sentencing – remorse – procedural fairness – the rule in Browne v Dunn

The CCA has considered circumstances in which it might be an error for a sentencing judge to fail to take sworn evidence of remorse into account – and in the process, seems to have pushed at an open door by saying that a failure by the Crown to cross examine might be used against them.

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