Criminal law: December 2024
The CCA considers discounts for ‘super call-over’ pleas and section 66 NSW sentencing rules for federal offenders. By THOMAS SPOHR.
By Thomas Spohr - 7 min read
Doli incapax and expert opinion evidence
The Court of Criminal Appeal has restricted the admissibility of certain expert evidence as to doli incapax in criminal cases involving children under 14.
By Mark Ramsland - 2 min read
Criminal law: March 2024
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 2 min read
Advising in confiscation and proceeds of crime matters – some early considerations
Recent amendments to unexplained wealth legislation in NSW provides for automatic forfeiture following conviction for a serious offence and other wide-ranging unexplained wealth orders.
By Justin Wong and Andrew O'Brien - 2 min read
Key reforms to Drug Court coming in 2023
In early 2023, reforms will increase program accessibility and opportunities for diversion of drug dependent offenders out of the criminal justice system.
By Judge Jane Mottley - 2 min read
The acquittal of Cardinal George Pell
On 7 April 2020, the High Court upheld Cardinal George Pell’s appeal against conviction and acquitted him of five sexual offences.
By Simon Buchen SC - 10 min read
An Australian first: Custodial sentences for cartel conduct
The Federal Court’s sentencing in the Vina Money Prosecution provides an indication of what individuals can expect if they are found guilty of criminal cartel…
By Catherine Bembrick and Liana Witt - 2 min read
Rushed reforms, uncertainty and more prisoners on remand: Recent changes to the Bail Act
If you ever appear in bail courts, it is essential that you grapple with the operation of s 22B. That is easier said than done.
By Thomas Spohr - 3 min read
The Bugmy Bar Book: Assisting lawyers to understand impacts of adverse experiences
The Bugby Bar Book assists lawyers and judicial officers by providing key information on the nature and impacts of experiences of disadvantage.
By Lauren Stefanou and Crystal Triggs - 2 min read
Drug Supply Prohibition Orders: Pre-emptive criminalisation?
The Drug Supply Prohibition Order Pilot grants police extraordinary powers to address drug-related crime and such orders are not subject to normal rules of evidence.
By Diane Elston, Samuel Mullins and Chelsi Williams - 2 min read
The pursuit of criminal and civil penalties for ‘hard core’ cartel conduct
Analysis of the CPP’s discontinuance of its prosecution of ANZ Banking, Citigroup and Deutsche Bank AG for alleged cartel conduct.
By Lucy Lester - 1 min read