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.
By Christopher Croese - 2 min readRecent case law entrenches counterfactual reasoning in assessing compensatory damages for false imprisonment and raises serious human rights questions.
By Christopher Croese - 2 min readUseful precedent on the use of evidence by audio-visual link and appropriateness of the guideline judgment for sentencing break, enter and steal matters.
By Thomas Spohr - 2 min readUseful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
By Thomas Spohr - 1 min readUseful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
By Thomas Spohr - 1 min readUseful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.
By Thomas Spohr - 1 min readThe 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 readCriminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.
By Thomas Spohr - 1 min readAs 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 readSeveral 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 readCriminal cases exploring the controversial direct speech issue in NSW and whether a gambling disorder mitigates sentencing. By THOMAS SPOHR.
By Thomas Spohr - 1 min readNew 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 readThe NSWCCA considers witness credibility arguments in child sex matters and unusual liability in joint criminal enterprise. By THOMAS SPOHR.
By Thomas Spohr - 1 min readThe NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
By Thomas Spohr - 2 min read