Criminal law: February 2026
Recent judgments address ambiguities in proving ‘immediately before or after’ harm and correct misconceptions about how totality applies to fine‑based sentences.
By Thomas Spohr - 1 min read
Could the ‘Great Writ’ lie to release prisoners at risk from COVID-19?
With prisoners at greater risk than the general population from COVID-19, habeas corpus is considered as a remedy for the release of vulnerable prisoners.
By Craig Longman - 2 min read
Homicide and causation: The High Court decision in Swan v The Queen
Mark Tedeschi AM QC discusses the fascinating recent High Court decision that has effectively extended the law of causation in homicide cases.
By Mark Tedeschi AM QC - 3 min read
New tendency and coincidence laws edge closer in NSW
An expert analysis of the tendency and coincidence evidence reforms imminent in NSW.
By Stephen Odgers SC - 2 min read
The right to silence in NSW: new study delivers some compelling findings
A recent peer-reviewed academic study highlights correlations between the right to silence and mitigated outcomes for socially marginalised criminal defendants in the summary jurisdiction.
By Dr Eugene Schofield-Georgeson - 2 min read
New sentencing statistics now available on the Judicial Information Research System
The JIRS statistics now include updated penalties which became available in September 2018 when the criminal penalty options in NSW were overhauled. By MARK ZAKI
By Mark Zaki - 1 min read
The CDPP’s e-Brief Referral Guidelines: modernising the conduct of federal prosecutions
CDPP’s e-Brief Referral Guidelines to improve the efficiency of prosecutions. By ILAN LEWIS
By Ilan Lewis - 1 min read
The journalist, the warrant and the gatekeeper: is it time for more oversight?
In light of the recent federal police raids on journalists, BRADLEY DEAN considers whether it’s time to reassess the powers to grant search warrants.
By Bradley Dean - 10 min read
Sharing personal information to fight fraud against the Commonwealth
An examination of the Commonwealth Crimes Act counter-fraud measures, one year on. By JENNY STATHIS
By Jenny Stathis - 2 min read
The compelling case of the Bowraville murders and its implications for criminal law
CRAIG LONGMAN examines the compelling Bowraville murder trials and the decision’s broader implications for criminal law.
By Craig Longman - 3 min read
Concealing a complex problem
This article examines the vexed moral and legal questions surrounding the offence of concealing a serious indictable offence. By THOMAS SPOHR.
By Thomas Spohr - 2 min read