Criminal law: December 2025
The NSWCCA discussed the factors relevant to the offence of intentional choking and interpretation of the ‘deemed supply’ provisions.
By Thomas Spohr - 1 min read
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 Thomas Crofts - 2 min read
Criminal law: September 2025
An important cases that discusses the meaning of intimidation for the purposes of an APVO.
By Thomas Spohr - 5 min read
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.
By Dr Vicki Sentas - 2 min read
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.
By Thomas Spohr - 1 min read
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.
By Thomas Spohr - 1 min read
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.
By Thomas Spohr - 1 min read
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 read
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.
By Thomas Spohr - 2 min read
Criminal law: April 2025
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
By Thomas Spohr - 1 min read
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 Thomas Spohr - 1 min read