Criminal law: July 2026
The Court questions the utility of a long-standing sentencing guideline judgment and clarifies the limits of consciousness of guilt reasoning at trial.
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.
Criminal law: July 2024
The NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
Criminal law: June 2024
The courts consider the technicalities of factoring pre-sentence custody into custodial and non-custodial sentences. By THOMAS SPOHR.
Criminal law: February 2024
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Criminal law: December 2023
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Criminal law: October 2023
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.