Criminal law: May 2024
The courts consider unlawful arrests for breach of bail conditions, and the relationship between extended joint criminal enterprise and ‘in company’. By THOMAS SPOHR.
Police detention of people who appear mentally ill or mentally disturbed
Whether a person appears to a police officer to be mentally ill or disturbed is assessed purely on the subjective belief of that officer at…
The latest from the High Court: March 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
Showing cause under the Bail Act 2013: lessons from the CCA
The Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences. By ALANNA VAN DER VEEN.
High Court takes sentencing back to basics in The Queen v Pham
Sentencing principles must always be set out and carefully applied to the current case. Statistics from other jurisdictions may serve as a helpful yardstick but…
A day in the life of… Thomas Spohr
Thomas Spohr’s office looks south over the seedier parts of Sydney towards Central Station. It seems appropriate, as his work is filled with grim stories…
Criminal law: December 2015
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Opinion evidence or direct evidence of fact?
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
Criminal law: November 2015
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Criminal law: September 2015
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
The latest from the High Court: September 2015
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.