Criminal law: April 2026
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?
Criminal law: December 2025
The NSWCCA discussed the factors relevant to the offence of intentional choking and interpretation of the ‘deemed supply’ provisions.
Criminal law: November 2025
Can expert certificates bypass standard rules? When is a summary offence ‘related’? These cases answer key procedural questions.
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.