Criminal law: September 2026
When does a subpoena have a legitimate forensic purpose, and when does judicial questioning threaten trial fairness? The CCA tackles both questions.
When does a subpoena have a legitimate forensic purpose, and when does judicial questioning threaten trial fairness? The CCA tackles both questions.
The CCA discusses how childhood deprivation, youth and immaturity affect moral culpability, and the need for a nuanced approach to sentencing.
The Court questions the utility of a long-standing sentencing guideline judgment and clarifies the limits of consciousness of guilt reasoning at trial.
Recent NSWCCA decisions consider section 58 of the Crimes (Sentencing Procedure) Act 1999 and reaffirm that ‘special circumstances’ are neither rare nor exceptional.
The latest NSWCCA decisions consider limits on prosecutorial cross‑examination and sentencing procedures formerly described as suspended sentences.
Must judges still rank seriousness on a notional scale? How should moral culpability be assessed? And what must be explained when these questions are raised?
When do facts undermine jurisdiction? And when does a plea deliver more than mere utility? These decisions give practitioners clearer guardrails on both fronts.
Recent judgments address ambiguities in proving ‘immediately before or after’ harm and correct misconceptions about how totality applies to fine‑based sentences.
The NSWCCA discussed the factors relevant to the offence of intentional choking and interpretation of the ‘deemed supply’ provisions.
Can expert certificates bypass standard rules? When is a summary offence ‘related’? These cases answer key procedural questions.
Important cases on objective and subjective features of offending when sentencing and discounts for cooperating with authorities.
An important cases that discusses 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.