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
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
A place for conditional release orders in sentencing for serious offences
Recent decisions demonstrate the importance of individualised justice and the Court’s power to decline to record a conviction.
By Imogen Hogan, Colleen Gonzales and Cherilyn Herbert - 1 min read
The Child Protection Register: good motives; draconian results?
Being placed on the Child Protection Register can have significant and long-lasting effects on a client’s life and liberty.
By Paul Coady and Diane Elston - 2 min read
Affirmative consent: What the ‘common sense’ NSW law reforms mean
Affirmative consent will soon be law in NSW. The laws will better recognise sexual violence within a domestic and family violence and abuse context.
By Liz Snell - 8 min read
The ‘CSI effect’ and admissibility of equivocal DNA evidence
The recent decisions of Dadley v R and Franklin v R consider the effect of unfair prejudice on the admissibility of forensic evidence.
By Lucy Lester - 7 min read
New laws bring authorities a step closer to accessing encrypted offshore data
New laws point to an Australia-US Cloud Act agreement allowing cross border access to encrypted data.
By Arthur Kopsias - 3 min read
Black letter law*
An exploration of how a black letter application of the Bail Act can command fairer outcomes for First Nations people.
By The Hon. Justice Lucy McCallum and Erica Timmins - 2 min read
Ensuring accountability for First Nations deaths in custody
Shining a spotlight on Aboriginal deaths in custody, changing attitudes and the families mounting important new claims for justice.
By Craig Longman - 3 min read
Strengthening protections for people experiencing sexual and domestic violence
New protections for people experiencing sexual and domestic violence explained.
By Liz Snell - 8 min read