Criminal law: April 2024

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

By - 1 min read

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.

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Criminal law: March 2024

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

By - 2 min read

Advising in confiscation and proceeds of crime matters – some early considerations

Recent amendments to unexplained wealth legislation in NSW provides for automatic forfeiture following conviction for a serious offence and other wide-ranging unexplained wealth orders.

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Key reforms to Drug Court coming in 2023

In early 2023, reforms will increase program accessibility and opportunities for diversion of drug dependent offenders out of the criminal justice system.  

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The acquittal of Cardinal George Pell

On 7 April 2020, the High Court upheld Cardinal George Pell’s appeal against conviction and acquitted him of five sexual offences.

By - 10 min read

An Australian first: Custodial sentences for cartel conduct

The Federal Court’s sentencing in the Vina Money Prosecution provides an indication of what individuals can expect if they are found guilty of criminal cartel…

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Rushed reforms, uncertainty and more prisoners on remand: Recent changes to the Bail Act

If you ever appear in bail courts, it is essential that you grapple with the operation of s 22B. That is easier said than done.

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The Bugmy Bar Book: Assisting lawyers to understand impacts of adverse experiences

The Bugby Bar Book assists lawyers and judicial officers by providing key information on the nature and impacts of experiences of disadvantage.

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Drug Supply Prohibition Orders: Pre-emptive criminalisation?

The Drug Supply Prohibition Order Pilot grants police extraordinary powers to address drug-related crime and such orders are not subject to normal rules of evidence.

By , and - 2 min read