Criminal law: March 2025

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

By - 1 min read

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

Criminal law: November 2024

Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.

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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. 

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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 and - 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.

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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.

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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 - 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 - 2 min read