Criminal law: June 2026
Recent NSWCCA decisions consider section 58 of the Crimes (Sentencing Procedure) Act 1999 and reaffirm that ‘special circumstances’ are neither rare nor exceptional.
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?
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
Criminal cases exploring the controversial direct speech issue in NSW and whether a gambling disorder mitigates sentencing. By THOMAS SPOHR.
The NSWCCA considers witness credibility arguments in child sex matters and unusual liability in joint criminal enterprise. By THOMAS SPOHR.
The NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
The courts consider the technicalities of factoring pre-sentence custody into custodial and non-custodial sentences. By THOMAS SPOHR.
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.