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.
Criminal law: October 2025
Important cases on objective and subjective features of offending when sentencing and discounts for cooperating with authorities.
Criminal law: September 2025
An important cases that discusses the meaning of intimidation for the purposes of an APVO.
Criminal law: August 2025
Criminal cases on reasonable service of tendency notices and whether one procured by the accused need not be ‘innocent’ before principal is found guilty.
Criminal law: July 2025
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.
Criminal law: June 2025
Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.
Criminal law: May 2025
Useful precedent on the use of evidence by audio-visual link and appropriateness of the guideline judgment for sentencing break, enter and steal matters.
Criminal law: April 2025
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
Criminal law: March 2025
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
Criminal law: October 2024
Criminal cases exploring the controversial direct speech issue in NSW and whether a gambling disorder mitigates sentencing. By THOMAS SPOHR.
Criminal law: August 2024
The NSWCCA considers witness credibility arguments in child sex matters and unusual liability in joint criminal enterprise. By THOMAS SPOHR.