By Thomas Spohr -
Key decisions
- Neil Harris (a pseudonym) v Regina [2019] NSWCCA 236
- Jones and Anor v Booth and Anor [2019] NSWSC 1066
Neil Harris (a pseudonym) v Regina [2019] NSWCCA 236
Sentencing – procedural fairness – affidavits of assistance – Doogie Howser pseudonym
This decision of the Court of Criminal Appeal deals with two important issues: when do you have to challenge a sentencing judge on a favourable position they expressed to your opponent? And can adverse use be made of affidavits of assistance if they are not induced? The answers are, respectively: when your opponent challenges them, and not usually.