Criminal law: May 2026
The latest NSWCCA decisions consider limits on prosecutorial cross‑examination and sentencing procedures formerly described as suspended sentences.
By Thomas Spohr - 1 min readThe latest NSWCCA decisions consider limits on prosecutorial cross‑examination and sentencing procedures formerly described as suspended sentences.
By Thomas Spohr - 1 min readMust judges still rank seriousness on a notional scale? How should moral culpability be assessed? And what must be explained when these questions are raised?
By Thomas Spohr - 1 min readWhen do facts undermine jurisdiction? And when does a plea deliver more than mere utility? These decisions give practitioners clearer guardrails on both fronts.
By Thomas Spohr - 1 min readAffirmative 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 readThe 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 readNew laws point to an Australia-US Cloud Act agreement allowing cross border access to encrypted data.
By Arthur Kopsias - 3 min readAn 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 readShining a spotlight on Aboriginal deaths in custody, changing attitudes and the families mounting important new claims for justice.
By Craig Longman - 3 min readNew protections for people experiencing sexual and domestic violence explained.
By Liz Snell - 8 min readAn overview of the forthcoming changes to mental health and criminal law legislation.
By Jane Sanders - 2 min readContemporary decisions highlight concerns about police accountability and Aboriginal deaths in custody.
By Craig Longman - 2 min readRecent cases provide guidance on how courts will approach sentencing of corporations and individuals for criminal cartel conduct.
By Catherine Bembrick and Liana Witt - 4 min readPractical pointers for advocates adapting to the virtual courtroom.
By Brin Anniwell and Alanna Van der Veen - 2 min read