Criminal law: August 2026
The CCA discusses how childhood deprivation, youth and immaturity affect moral culpability, and the need for a nuanced approach to sentencing.
By Thomas Spohr - 1 min read
Family violence – the immigration law context
As a result of evidentiary requirements as to what constitutes ‘relevant family violence’ it can be difficult to take advantage of the statutory provisions which…
By Kathryn Viegas and Victoria Stevenson - 2 min read
The Bail Amendment Act 2015
The Bail Amendment Act 2015 expands key sections of the Bail Act 2013, including those sections relating to show cause requirements and terrorism offences. By…
By Caroline Dobraszczyk - 2 min read
Changes to Supreme Court bail procedures
Legal practitioners are required to sign a Notice of Readiness to Proceed and provide undertakings that certain steps have been taken to ensure that the…
By Alanna Van der Veen - 2 min read
Eyewitness accuracy: the misinformation effect
The misinformation effect occurs when an eyewitness subsequently reads or hears information about the witnessed event that is inaccurate and unwittingly incorporates it into his…
By Anuja Ng - 2 min read
Showing cause under the Bail Act 2013: lessons from the CCA
The Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences. By ALANNA VAN DER VEEN.
By Alanna Van der Veen - 2 min read
High Court takes sentencing back to basics in The Queen v Pham
Sentencing principles must always be set out and carefully applied to the current case. Statistics from other jurisdictions may serve as a helpful yardstick but…
By Thomas Spohr - 1 min read
Opinion evidence or direct evidence of fact?
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
By Carolina Lewin Soto - 2 min read
Contempt: blurring the line between civil and criminal proceedings
A corporate defendant is amenable to an order under r 29.07(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) to make discovery of documents in…
By Emily Bell - 2 min read
Conferral of experts and concurrent evidence: what do experts think?
How do expert witnesses assess ‘conferral of experts’ and ‘concurrent expert evidence’ as conducted by the State Administrative Tribunal (SAT)? By BERTUS DE VILLIERS.
By Bertus de Villiers - 2 min read
Science in court: challenging the value of expert evidence
The admissibility of expert evidence is the subject of increasing criticism from scientific bodies and discordant views from the bench. By MAEVE CURRY.
By Maeve Curry - 2 min read