Criminal law: November 2024
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.Key decisions Dorsett v R [2024]…
By Thomas Spohr - 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.Key decisions Wild v Meduri [2024]…
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.Snapshot In…
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.Key decisions Davis v R [2024]…
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.Key decisions RC v Director of Public Prosecutions…
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.Readers of…
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.Snapshot The…
By Julia Mclean and Diane Elston - 2 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.Key decisions…
By Thomas Spohr - 2 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.Snapshot Statistics of intimate partner violence and a growing…
By Hayley Dean - 2 min read
Criminal law: April 2024
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.Key decisions Bazzi v R [2024] NSWCCA 35 Marium…
By Thomas Spohr - 1 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.Snapshot In…
By Mark Ramsland - 2 min read