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.
Metacrime – can it be stopped?
The three-dimensional, immersive online environments of the meta verse could be enabling a new form of digital lawlessness.
Crossing the line
Road trauma is a devastating reality across Australia, but is the law doing enough to prevent it happening and appropriately dealing with its aftermath?
Criminal law: July 2024
The NSWCCA considers the ‘common humanity’ test and consideration of Form 1 offences in sentencing. By THOMAS SPOHR.
From panic to policy: the state of criminal law reform
Criminal law policy is being made in a more haphazard and less effective manner than before. This article is an attempt to examine why.
Understanding the new rules for children in sexual offence proceedings
The new provisions are designed to help children give their best evidence and implement an alternative trial format, creating novel challenges for trial lawyers.
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.
Advising clients charged under the new coercive control legislation
Criminalisation of coercive control takes offending beyond the narrow scope of violence linked to physical acts alone.
Criminal law: April 2024
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Doli incapax and expert opinion evidence
The Court of Criminal Appeal has restricted the admissibility of certain expert evidence as to doli incapax in criminal cases involving children under 14.
Criminal law: March 2024
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.