Criminal

Appeal Dismissed: Sentence Upheld for Home Invasion with Firearms

The Court of Criminal Appeal dismissed an appeal challenging the sentence for a home invasion involving firearms. The court emphasised the need for procedural fairness when considering general deterrence in sentencing.

Conviction Quashed Due to Errors in Legal Representation

Court of Criminal Appeal Reduces Sentence for Mentally Ill Offender

Murder Sentence Above Standard Non-Parole Period

Murder Sentence Details Non-Parole Period and Balance of Term

Registering Foreign Restraining Orders in NSW Supreme Court

Supreme Court Orders Psychiatric Evaluations and Interim Supervision for High-Risk Offender

The Supreme Court of New South Wales ordered psychiatric evaluations and interim supervision for a defendant previously convicted of murder. The court ruled that the defendant must undergo psychiatric assessments and comply with interim supervision conditions pending a final hearing.

Supreme Court Directs Verdict of Not Guilty in Murder Case

In a murder case, the Supreme Court of New South Wales directed a verdict of not guilty because the prosecution failed to provide enough evidence to prove the charges. The court concluded that the evidence presented was insufficient to establish the elements of murder or aggravated sexual assault.

Murder Sentence Considering Intoxication

The court convicted a man of murdering his partner and sentenced him to over 23 years in prison. The court considered that the man was heavily intoxicated at the time of the murder, which took place in their shared home.

Appeal dismissed in contempt of court case

The Court of Appeal dismissed an appeal challenging contempt charges and privilege claims, affirming the lower court's rulings on freezing orders and legal privilege. The case involved a party accused of contempt for breaching freezing orders and a claim for privilege over certain documents.

Sentence Inquiry Allowed Due to Potential Sentencing Errors

The Supreme Court of NSW granted an application for an inquiry into sentence due to potential errors in the original sentencing process. The claimant argued that undue weight was given to the standard non-parole period, leading to an inappropriate sentence.

NSW Court of Criminal Appeal Overturns Directed Acquittal Due to Trial Errors

The Court of Criminal Appeal overturned a directed acquittal because the original trial judge made significant errors in applying the law and considering the prosecution's case. The appeal judges found that the trial judge failed to follow proper procedures and misinterpreted the evidence presented during the trial.

Claimant Sentenced for Multiple Assaults and Manslaughter

The claimant was found guilty of multiple assaults and manslaughter. The court sentenced the claimant to a term of imprisonment, with a non-parole period of four years specifically for the manslaughter offense.

Indispensable Facts in Circumstantial Criminal Cases

In a criminal case, the court determined that certain facts presented by a single witness were not essential to the prosecution's case against the accused. This decision was based on the idea that even without these specific facts, there was enough evidence to present a case to the jury.

Proceeds of Crime Act Orders Granted in Consent Application

Traffic Law Case Dismissed in NSW Court of Appeal

The Court of Appeal dismissed the claimant's application for leave to appeal because the claimant failed to obtain a certificate from the Claims Assessment and Resolution Service, as required by law.

Proceeds of Crime Restraining Orders Granted in NSW Supreme Court Case

NSW Supreme Court Rejects Manslaughter as Alternative Verdict

Examining Third Parties Under Restraining Orders

The court allowed the examination of people related to the defendant under a restraining order, as per the Proceeds of Crime Act 2002. This decision was made in a criminal proceeding involving suspected illegal activities.

Claim of Wrongful Imprisonment Rejected in NSWDC Case

A person claimed they were wrongfully imprisoned after being arrested by police during a drug investigation. The court found the arrest was lawful and dismissed the claim.