Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
NSW Court of Appeal Rejects Application for Leave to Appeal Under Crimes (Forensic Procedures) Act 2000
Appeal Against Sexual Assault Conviction Dismissed
The Court of Criminal Appeal dismissed an appeal against a sexual assault conviction. The appellant argued that the conviction was unjust due to police delays and juror misconduct. The court disagreed and upheld the original conviction.
Appeal Dismissed: Sentence Upheld for Dangerous Driving Causing Harm
No Longer Necessary: Fitness to Stand Trial Inquiry
The Supreme Court decided that an inquiry into whether the accused was fit to stand trial was no longer needed after receiving new psychiatric reports showing the accused was fit to face the charges.
Juror Discharged Due to Connection with Legal Representative in Criminal Trial
Appeal Allowed Against Stay Due to Compromised Fair Trial Rights
The Court of Criminal Appeal allowed an appeal against a permanent stay of proceedings, ruling that the disclosure of transcripts by the Australian Crime Commission compromised the right to a fair trial. This decision highlights the importance of maintaining fairness in legal proceedings.
White-collar criminal sentenced to 12 years for $8m fraud
Appeal Dismissed: Sentence Not Manifestly Excessive
The Court of Criminal Appeal dismissed an appeal challenging a sentence for aggravated break enter and steal offences. The court ruled the sentence was not manifestly excessive after considering the principle of totality and parity.
Employer Fined for Workplace Safety Breach
Appeal Dismissed: Sentencing Guidelines for Non-Parole Periods
The Court of Criminal Appeal dismissed an appeal challenging the sentencing judge's decisions on non-parole periods and sentence accumulation in armed robbery cases. The appeal argued that the judge should have adjusted the non-parole periods when accumulating sentences, but the Court upheld the original sentences.
Sentence for Drug Trafficking Involving Commercial Quantities of Heroin
Two individuals were sentenced for their involvement in the supply of commercial quantities of heroin. The court applied strict penalties under the Drug Misuse and Trafficking Act 1985 and the Crimes (Sentencing Procedure) Act 1999.
Conviction and Sentence for Robbery with Corporal Violence
Sentence Reduced for Administering Intoxicating Substance and Sexual Assault
Security Guard Sentenced for Assault Causing Significant Injury
Supreme Court Rules on Liability of Consignor Under Road Transport Act
Supreme Court Rules Contempt for Breaching Interlocutory Injunction
Admissibility of Prior Inconsistent Statements in Criminal Trials
In a criminal trial, the court decided that a prior inconsistent statement can be used as evidence of the truth of its contents if it meets specific criteria under the Evidence Act. This decision applies to criminal cases in New South Wales.
Court of Criminal Appeal Rejects Reasonable Apprehension of Bias Claim
Conditional bail granted pending appeal in NSW
Not Guilty by Reason of Mental Illness in Murder Case
The defendant was charged with murder but was found not guilty by reason of mental illness. The court determined that the defendant suffered from a mental disorder that impaired their ability to understand the wrongfulness of their actions.