Criminal law: June 2026

Recent NSWCCA decisions consider section 58 of the Crimes (Sentencing Procedure) Act 1999 and reaffirm that ‘special circumstances’ are neither rare nor exceptional.

By - 1 min read

Criminal law: May 2026

The latest NSWCCA decisions consider limits on prosecutorial cross‑examination and sentencing procedures formerly described as suspended sentences.

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Criminal law: April 2026

Must judges still rank seriousness on a notional scale? How should moral culpability be assessed? And what must be explained when these questions are raised?

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Criminal law: March 2026

When do facts undermine jurisdiction? And when does a plea deliver more than mere utility? These decisions give practitioners clearer guardrails on both fronts.

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Criminal law: February 2026

Recent judgments address ambiguities in proving ‘immediately before or after’ harm and correct misconceptions about how totality applies to fine‑based sentences.

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Criminal law: December 2025

The NSWCCA discussed the factors relevant to the offence of intentional choking and interpretation of the ‘deemed supply’ provisions.

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Criminal law: November 2025

Can expert certificates bypass standard rules? When is a summary offence ‘related’? These cases answer key procedural questions.

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Criminal law: October 2025

Important cases on objective and subjective features of offending when sentencing and discounts for cooperating with authorities.

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Blurred sad boy leaning open hand against glass door.

When should a child be held criminally responsible? The minimum age and doli incapax

Amidst the ongoing scrutiny of the aged-based barriers to criminal responsibility, this article unpacks the history, science and law surrounding it. By THOMAS CROFTS.

By - 2 min read

Criminal law: September 2025

An important cases that discusses the meaning of intimidation for the purposes of an APVO.

By - 5 min read