Criminal law: June 2025
Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.
By Thomas Spohr - 1 min read
Criminal law: March 2025
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: February 2025
Useful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: December 2024
The CCA considers discounts for ‘super call-over’ pleas and section 66 NSW sentencing rules for federal offenders. By THOMAS SPOHR.
By Thomas Spohr - 2 min read
Criminal law: November 2024
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: October 2024
Criminal cases exploring the controversial direct speech issue in NSW and whether a gambling disorder mitigates sentencing. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: September 2024
The CCA considers the meaning of ‘suffers or permits’ for joint offending and how rolled up facts impact sentencing. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: August 2024
The NSWCCA considers witness credibility arguments in child sex matters and unusual liability in joint criminal enterprise. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: July 2024
The NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
By Thomas Spohr - 2 min read
Criminal law: June 2024
The courts consider the technicalities of factoring pre-sentence custody into custodial and non-custodial sentences. By THOMAS SPOHR.
By Thomas Spohr - 1 min read
Criminal law: May 2024
The courts consider unlawful arrests for breach of bail conditions, and the relationship between extended joint criminal enterprise and ‘in company’. By THOMAS SPOHR.
By Thomas Spohr - 2 min read