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

An Australian first: Custodial sentences for cartel conduct

The Federal Court’s sentencing in the Vina Money Prosecution provides an indication of what individuals can expect if they are found guilty of criminal cartel…

By and - 6 min read

Rushed reforms, uncertainty and more prisoners on remand: Recent changes to the Bail Act

If you ever appear in bail courts, it is essential that you grapple with the operation of s 22B. That is easier said than done.

By - 9 min read

The Bugmy Bar Book: Assisting lawyers to understand impacts of adverse experiences

The Bugby Bar Book assists lawyers and judicial officers by providing key information on the nature and impacts of experiences of disadvantage.

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Drug Supply Prohibition Orders: Pre-emptive criminalisation?

The Drug Supply Prohibition Order Pilot grants police extraordinary powers to address drug-related crime and such orders are not subject to normal rules of evidence.

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The pursuit of criminal and civil penalties for ‘hard core’ cartel conduct

Analysis of the CPP’s discontinuance of its prosecution of ANZ Banking, Citigroup and Deutsche Bank AG for alleged cartel conduct.

By - 10 min read

A place for conditional release orders in sentencing for serious offences

Recent decisions demonstrate the importance of individualised justice and the Court’s power to decline to record a conviction.

By , and - 6 min read