Criminal law: March 2025
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
A place for conditional release orders in sentencing for serious offences
Recent decisions demonstrate the importance of individualised justice and the Court’s power to decline to record a conviction.
Criminal law: April 2022
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Holding offenders accountable: Loss of unborn child laws come into effect
NSW is the first jurisdiction in Australia to have a standalone offence for criminals who cause the loss of an unborn child, offering greater support…
The Child Protection Register: good motives; draconian results?
Being placed on the Child Protection Register can have significant and long-lasting effects on a client’s life and liberty.
Criminal law: March 2022
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Affirmative consent: What the ‘common sense’ NSW law reforms mean
Affirmative consent will soon be law in NSW. The laws will better recognise sexual violence within a domestic and family violence and abuse context.
The ‘CSI effect’ and admissibility of equivocal DNA evidence
The recent decisions of Dadley v R and Franklin v R consider the effect of unfair prejudice on the admissibility of forensic evidence.
Criminal law: February 2022
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Criminal law: December 2021
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Criminal law: November 2021
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.