Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Murder Conviction Upheld Despite Jury Directions Dispute
Appeal Dismissed: Sexual Offences Conviction Upheld
Sentence Commencement Date Corrected in NSW Court of Criminal Appeal
Juvenile Sentenced for Manslaughter in NSW Supreme Court
A juvenile was sentenced for manslaughter in the NSW Supreme Court. The court considered factors like the offender's age, background, and potential for rehabilitation when determining the sentence.
Sentence Reduced for Woman Convicted of Social Security Fraud
The Court of Criminal Appeal reduced the sentence of a woman convicted of social security fraud, taking into account the influence of her ex-partner and mother. The court found that the original sentencing judge misunderstood the timeline of the fraud and failed to consider the influence of the ex-partner and mother.
Appeal Against Sentence Granted: Errors in Determination of Objective Seriousness
The NSW Court of Criminal Appeal found that the sentencing judge made errors in determining the objective seriousness of the offences and in imposing double punishment under s 115 of the Crimes Act 1900. The appeal was successful, and the appellant was resentenced.
Company Fined $150,000 for Health and Safety Breach
The court convicted a company for failing to comply with work health and safety duties, resulting in a fine of $150,000. The company was found to have exposed individuals to a risk of death or serious injury due to inadequate blast management procedures.
Supreme Court Rejects Motion for Witness Testimony in Appeal Proceedings
Bladed Weapon Evidence Admitted in Criminal Case
Court dismisses appeal over solicitation of kidnapping and threats against justice
Company fined $300,000 for unsafe work practices during roof repairs
Sentence for Sexual Assault Without Consent
Interim Supervision Order for High-Risk Offender Issued by Supreme Court NSW
Aggravated Robbery and Drug Supply Sentencing Decision
The defendant was sentenced to 9 years and 4 months in prison for committing aggravated robbery and supplying drugs. The court considered several factors, including the severity of the crimes and the defendant's prior convictions, before imposing the sentence.
Offender Sentenced for Smuggling Tobacco to Avoid Customs Duty
Contempt of Court for Refusing to Testify and Using Abusive Language
The Supreme Court of New South Wales found the defendant guilty of contempt for refusing to testify and using abusive language in court. Despite the defendant's background of disadvantage and exposure to domestic violence, the court imposed a sentence of 8 months.
Company fined $300,000 for work health and safety breach
Criminal Appeal: Extension Granted but Leave Refused
The Court of Criminal Appeal allowed the applicant more time to request an appeal of their sentence but ultimately denied the appeal. The applicant argued that their health had worsened since sentencing, but the court determined that the sentencing judge had appropriately considered the applicant's medical condition at the time of sentencing.
Successful Appeal Against Sentence Due to Sentencing Disparity
In a drug trafficking case, the Court of Criminal Appeal allowed an appeal against a sentence due to an unjustifiable disparity in sentencing compared to co-offenders. The appeal was successful because the starting point for the sentence was significantly higher than those of the co-offenders.