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 readThe 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 readAustralia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min readThe Court questions the utility of a long-standing sentencing guideline judgment and clarifies the limits of consciousness of guilt reasoning at trial.
By Thomas Spohr - 1 min readLegal 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 readCriminal 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 readIntriguing 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 readPrecedent 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 readRecent case law entrenches counterfactual reasoning in assessing compensatory damages for false imprisonment and raises serious human rights questions.
By Christopher Croese - 2 min readUseful 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 readUseful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
By Thomas Spohr - 1 min readUseful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
By Thomas Spohr - 1 min readUseful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.
By Thomas Spohr - 1 min readThe CCA considers discounts for ‘super call-over’ pleas and section 66 NSW sentencing rules for federal offenders. By THOMAS SPOHR.
By Thomas Spohr - 2 min read