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Key decisions

  • Armstrong v R [2026] NSWCCA 112
  • AM v R [2026] NSWCCA 110

Armstrong v R [2026] NSWCCA 112

Sentencing – moral culpability – no need for ‘causal link’

In this, the latest in a line of decisions touching on the topic of moral culpability, the Court of Criminal Appeal (‘CCA’) reviews the authorities and confirms that a ‘causal link’ is not a necessary precondition to mitigation where an offender has suffered serious childhood deprivation.

The applicant was found guilty of sexual offences after a District Court trial and sought leave to appeal his sentence: imprisonment for 6 years and 6 months, with a non-parole period of 3 years and 10 months. He asserted that the sentencing judge had failed to properly determine whether his moral culpability was reduced because of his disadvantaged background, resulting in a miscarriage of justice.

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