The usual suspects: new data and case on proactive policing

Legal scrutiny on the exercise of police powers in NSW intensifies as courts and data analyse their misuse in the context of police searches.

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Criminal law: August 2025

Criminal cases on reasonable service of tendency notices and whether one procured by the accused need not be ‘innocent’ before principal is found guilty.

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Criminal law: July 2025

Intriguing criminal cases on the mental element to arrest without a warrant, and the benchmark and onus of proof for disputes over mental health impairment.

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Criminal law: June 2025

Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.

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Go directly to jail. Do not collect $20,000

Recent case law entrenches counterfactual reasoning in assessing compensatory damages for false imprisonment and raises serious human rights questions.

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Criminal law: May 2025

Useful precedent on the use of evidence by audio-visual link and appropriateness of the guideline judgment for sentencing break, enter and steal matters.

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Criminal law: April 2025

Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.

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Criminal law: March 2025

Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.

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Criminal law: February 2025

Useful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.

By - 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 - 2 min read