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
New national study examines intoxication in criminal law
Criminal law legislation attaches significance to ‘intoxication’ in multiple ways and makes assumptions about the effects of alcohol and other drugs on mind and body….
By Dr Julia Quilter, Dr Kate Seear, Dr Luke McNamara and Professor Robin Room - 2 min read
Technology-facilitated stalking and abuse: putting our legal framework to the test
Technology-assisted stalking and abuse is a form of domestic violence (DV) that is rapidly on the rise. By CHARISSA SUN.
By Charissa Sun - 2 min read
Domestic violence: evidence-in-chief reforms commence
The Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 amends the Criminal Procedure Act 1986 to allow video or audio recorded statements taken from a domestic violence complainant to…
By Anastasia Krivenkova and Sean McDermott - 2 min read
Transgender clients: sentencing parameters in NSW
When sentencing transgender persons, the courts must be made aware of the significance of their marginalisation and how that should affect the sentencing range available…
By Carolina Lewin Soto - 1 min read
Tweets, texts, forged emails and changing webpages: emerging issues and practical examples (part two)
The first article of this two-part series considered general admissibility issues relating to electronically stored information (ESI) under the Evidence Act NSW and tips to overcome objections….
By Julie Soars and Carmel Lee - 1 min read
New bail law: the Bail Amendment Act 2014
The Bail Amendment Act 2014 sets out further changes to the law in relation to bail in NSW. It was assented to on 25 September 2014 and…
By Caroline Dobraszczyk - 2 min read
National security reforms stage three: metadata (part three)
The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Cth) would establish a mandatory data retention regime requiring communications service providers to retain metadata…
By Keiran Hardy and Professor George Williams - 2 min read
Finding a way through the mental health minefield: the new criminal trial bench book entry
People experiencing major mental illness while facing serious criminal charges are extremely vulnerable. By ANINA JOHNSON.
By Anina Johnson - 1 min read
Tweets, texts, forged emails and changing web pages: the admissibility of electronic evidence (part one)
There is rarely a civil case in which an email, text, Facebook entry or webpage snapshot doesn’t feature, yet electronic evidence is often tendered without…
By Julie Soars and Carmel Lee - 3 min read
Restorative justice and forum sentencing: a unique opportunity for both victims and offenders
Forum sentencing is a restorative justice program that operates in selected NSW Local Courts as an alternative sentencing option. By STEPHANIE WALLACE and MALINDI SAYLE.
By Stephanie Wallace and Malindi Sayle - 1 min read