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
Forensic procedure orders and parallel appeal rights
The District Court was found to have jurisdiction to hear a forensic procedure appeal from an order made against a person by a Local Court…
By Felicity Graham and Jeremy Styles - 7 min read
HIV and the law – recent developments in public health and criminal laws
In an amendment to the Public Health Act 2010, the requirement to disclose HIV status was replaced with a requirement to take ‘reasonable precautions’ to…
By Alexandra Stratigos and Melissa Woodroffe - 2 min read
Section 32 Mental Health Act amendments fall short of recommended reform
Section 32 of the Mental Health (Forensic Provisions) Act 1990 was amended, extending the divisionary regime to those with cognitive impairment. By KAREN WEEKS.
By Karen Weeks - 7 min read
Examining liability for felony murder through joint criminal enterprise
IL v The Queen [2017] HCA 27 examined the law of joint criminal enterprise liability as it relates to felony murder. By ALANNA VAN DER…
By Alanna Van der Veen - 2 min read
High Court examines tendency evidence in Hughes v The Queen
In order to have ‘significant probative value’ it is not a requirement that tendency evidence be similar to the charged conduct. By LIZZIE McLAUGHLIN.
By Lizzie McLaughlin - 3 min read
Supreme Court on section 32 mental health treatment plans
Successful section 32 applications need a comprehensive treatment plan. By MARK WARREN.
By Mark Warren - 1 min read
Recording and sharing intimate images without consent
New offences in NSW include intentionally recording and/or distributing an intimate image without consent, threatening to record and/or distribute an intimate image without consent and…
By Liz Snell - 1 min read
Testimony before commissions: a compelling case in criminal law
Due to tradition and fundamental principle, courts have not allowed compelled testimony to be used at any cost. By THOMAS SPOHR.
By Thomas Spohr - 2 min read
Interlocutory appeals to the court of criminal appeal: a consideration of competency
Section 5F of the Criminal Appeal Act 1912 (NSW) provides for interlocutory appeals to the Court of Criminal Appeal. There are important things to consider….
By Alanna Van der Veen - 2 min read
RP v The Queen: rebutting the presumption of doli incapax
A strong message in RP v The Queen is if the prosecution believe a child should be held accountable it must not rely on assumptions…
By Thomas Crofts - 9 min read