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
New laws get tough on child sex abuse
The NSW government has overhauled the law around sexual offences .The terms ‘sexual touching’ and ‘sexual act’ are introduced, as is a ‘similar age’ defence….
By Andrew Tiedt - 2 min read
The constitutional cost of combatting espionage and foreign interference
The Federal Government has introduced three Bills to combat foreign interference in our political and electoral systems. Two have been passed. By HANNAH RYAN.
By Hannah Ryan - 2 min read
Concurrent evidence conclaves: getting the most out of your hot tub
The giving of concurrent evidence needs to be carefully planned and structured. There are numerous procedures and rules to be followed. By CAMPBELL BRIDGE SC.
By Campbell Bridge SC - 1 min read
Early Appropriate Guilty Pleas for child defendants
The Early Appropriate Guilty Plea reforms make significant changes to the NSW criminal justice system by reforming the way committals are conducted. By ANNE WHITEHEAD…
By Anne Whitehead and Aaron Tang - 2 min read
Uncovering tensions in religion and secular law
The Court of Appeal has considered whether a party should be permitted to give evidence in the District Court while wearing a niqab. By TALITHA…
By Talitha Fishburn - 2 min read
New sentencing options: giving with one hand and taking with the other
The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 makes sweeping changes to non-custodial sentences. By THOMAS SPOHR.
By Thomas Spohr - 12 min read
An ‘unacceptable risk’ – post-sentence detention under the new Terrorism (High Risk Offenders) Act
The Terrorism (High Risk Offenders) Act 2017 (NSW) introduces a scheme of post-sentence supervision and detention for high risk offenders. By NATALIE MARSIC.
By Natalie Marsic, Director, Criminal Law, NSW Crown Solicitor's Office - 2 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