From panic to policy: the state of criminal law reform

Criminal law policy is being made in a more haphazard and less effective manner than before. This article is an attempt to examine why.

By - 9 min read

Understanding the new rules for children in sexual offence proceedings

The new provisions are designed to help children give their best evidence and implement an alternative trial format, creating novel challenges for trial lawyers.

By and - 7 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 - 6 min read

Advising clients charged under the new coercive control legislation

Criminalisation of coercive control takes offending beyond the narrow scope of violence linked to physical acts alone.

By - 8 min read

Criminal law: April 2024

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

By - 7 min read

Doli incapax and expert opinion evidence

The Court of Criminal Appeal has restricted the admissibility of certain expert evidence as to doli incapax in criminal cases involving children under 14.

By - 7 min read

Criminal law: March 2024

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

By - 6 min read

Advising in confiscation and proceeds of crime matters – some early considerations

Recent amendments to unexplained wealth legislation in NSW provides for automatic forfeiture following conviction for a serious offence and other wide-ranging unexplained wealth orders.

By and - 7 min read

Key reforms to Drug Court coming in 2023

In early 2023, reforms will increase program accessibility and opportunities for diversion of drug dependent offenders out of the criminal justice system.  

By - 4 min read

The acquittal of Cardinal George Pell

On 7 April 2020, the High Court upheld Cardinal George Pell’s appeal against conviction and acquitted him of five sexual offences.

By - 8 min read