Criminal law: April 2025
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
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
Missing and murdered First Nations women and children inquiry findings and responses
As the dust settles on this long-anticipated report, we look at the findings and what key stakeholders think about them.
By Andrew Gay, Lauren Davies and Damian Beaufils - 1 min read
Coming together: First Nations laws and customs in courts
Several recent cases have developed precedent for admitting cultural evidence and accommodating cultural differences for First Nations participants in criminal proceedings.
By Oliver Williams and Damian Beaufils - 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
Meatball lawyering: how duty lawyers are first responders
New research urges us to rethink what it means to be a duty lawyer and suggests this could address many issues in criminal justice.
By Ray Nickson and Alice Neikirk - 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
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 Thomas Spohr - 1 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 Julia Mclean and Diane Elston - 2 min read