Criminal law: November 2024
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.Key decisions Dorsett v R [2024]…
By Thomas Spohr - 1 min read
Eyewitness accuracy: the misinformation effect
The misinformation effect occurs when an eyewitness subsequently reads or hears information about the witnessed event that is inaccurate and unwittingly incorporates it into his…
By Anuja Ng - 2 min read
Showing cause under the Bail Act 2013: lessons from the CCA
The Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences. By ALANNA VAN DER VEEN.Snapshot…
By Alanna Van der Veen - 2 min read
High Court takes sentencing back to basics in The Queen v Pham
Sentencing principles must always be set out and carefully applied to the current case. Statistics from other jurisdictions may serve as a helpful yardstick but…
By Thomas Spohr - 1 min read
Opinion evidence or direct evidence of fact?
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
By Carolina Lewin Soto - 2 min read
Contempt: blurring the line between civil and criminal proceedings
A corporate defendant is amenable to an order under r 29.07(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) to make discovery of documents in…
By Emily Bell - 2 min read
Conferral of experts and concurrent evidence: what do experts think?
How do expert witnesses assess ‘conferral of experts’ and ‘concurrent expert evidence’ as conducted by the State Administrative Tribunal (SAT)? By BERTUS DE VILLIERS.Snapshot In…
By Bertus de Villiers - 2 min read
Science in court: challenging the value of expert evidence
The admissibility of expert evidence is the subject of increasing criticism from scientific bodies and discordant views from the bench. By MAEVE CURRY.Snapshot The admissibility…
By Maeve Curry - 2 min read
New national study examines intoxication in criminal law
Criminal law legislation attaches significance to ‘intoxication’ in multiple ways and makes assumptions about the effects of alcohol and other drugs on mind and body….
By Dr Julia Quilter, Dr Kate Seear, Dr Luke McNamara and Professor Robin Room - 2 min read
Technology-facilitated stalking and abuse: putting our legal framework to the test
Technology-assisted stalking and abuse is a form of domestic violence (DV) that is rapidly on the rise. By CHARISSA SUN.Snapshot Technology-assisted stalking and abuse is…
By Charissa Sun - 2 min read
Domestic violence: evidence-in-chief reforms commence
The Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 amends the Criminal Procedure Act 1986 to allow video or audio recorded statements taken from a domestic violence complainant to…
By Anastasia Krivenkova and Sean McDermott - 2 min read