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 readThe NSWCCA considers witness credibility arguments in child sex matters and unusual liability in joint criminal enterprise. By THOMAS SPOHR.
By Thomas Spohr - 1 min readThe NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
By Thomas Spohr - 2 min readThe courts consider the technicalities of factoring pre-sentence custody into custodial and non-custodial sentences. By THOMAS SPOHR.
By Thomas Spohr - 1 min readThe 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 readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 1 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min read