Criminal law: September 2026
When does a subpoena have a legitimate forensic purpose, and when does judicial questioning threaten trial fairness? The CCA tackles both questions.
By Thomas Spohr - 1 min readWhen does a subpoena have a legitimate forensic purpose, and when does judicial questioning threaten trial fairness? The CCA tackles both questions.
By Thomas Spohr - 1 min readThe CCA discusses how childhood deprivation, youth and immaturity affect moral culpability, and the need for a nuanced approach to sentencing.
By Thomas Spohr - 1 min readThe Court questions the utility of a long-standing sentencing guideline judgment and clarifies the limits of consciousness of guilt reasoning at trial.
By Thomas Spohr - 1 min readRecent NSWCCA decisions consider section 58 of the Crimes (Sentencing Procedure) Act 1999 and reaffirm that ‘special circumstances’ are neither rare nor exceptional.
By Thomas Spohr - 1 min readThe latest NSWCCA decisions consider limits on prosecutorial cross‑examination and sentencing procedures formerly described as suspended sentences.
By Thomas Spohr - 1 min readMust judges still rank seriousness on a notional scale? How should moral culpability be assessed? And what must be explained when these questions are raised?
By Thomas Spohr - 1 min readWhen do facts undermine jurisdiction? And when does a plea deliver more than mere utility? These decisions give practitioners clearer guardrails on both fronts.
By Thomas Spohr - 1 min readRecent judgments address ambiguities in proving ‘immediately before or after’ harm and correct misconceptions about how totality applies to fine‑based sentences.
By Thomas Spohr - 1 min readThe NSWCCA discussed the factors relevant to the offence of intentional choking and interpretation of the ‘deemed supply’ provisions.
By Thomas Spohr - 1 min readCan expert certificates bypass standard rules? When is a summary offence ‘related’? These cases answer key procedural questions.
By Thomas Spohr - 1 min readImportant cases on objective and subjective features of offending when sentencing and discounts for cooperating with authorities.
By Thomas Spohr - 1 min readAn important cases that discusses the meaning of intimidation for the purposes of an APVO.
By Thomas Spohr - 5 min readCriminal cases on reasonable service of tendency notices and whether one procured by the accused need not be ‘innocent’ before principal is found guilty.
By Thomas Spohr - 1 min read