Amidst the ongoing scrutiny of the aged-based barriers to criminal responsibility, this article unpacks the history, science and law surrounding it. By THOMAS CROFTS.
Important cases that discuss providing juries with transcripts in trials, and the meaning of intimidation for the purposes of an APVO.
Criminal cases on reasonable service of tendency notices and whether one procured by the accused need not be ‘innocent’ before principal is found guilty.
Intriguing criminal cases on the mental element to arrest without a warrant, and the benchmark and onus of proof for disputes over mental health impairment.
Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.
A new method of scientific reporting for DNA provides a framework for the data and will change the way evidence is given, according to one…
Useful precedent on the use of evidence by audio-visual link and appropriateness of the guideline judgment for sentencing break, enter and steal matters.
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
Criminal defence lawyer and a Director and Principal at J Sutton Associates, Andrew Tiedt, recently hosted a webinar for the Law Society of New South…
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
Useful precedent on the degree of knowledge needed for drug supply offences and when an AVO cannot be revoked. By THOMAS SPOHR.
The CCA considers discounts for ‘super call-over’ pleas and section 66 NSW sentencing rules for federal offenders. By THOMAS SPOHR.
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.