Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Against Parole Revocation Rejected in NSW Supreme Court
Criminal Appeal: Lies Direction and Acquittal
Sexual Abuse Claimant in Custody Allowed to Sue
The NSW Supreme Court ruled that a person in custody can still bring civil proceedings if there is a valid case to be made. This decision came from a case where the claimant, who was in custody for serious crimes, sued for sexual abuse he experienced during his schooling years.
Self-Represented Individual Sentenced to Intensive Correction Order for Drug Offenses and Firearm Possession
Penalties Imposed for Contempts of Court in NSW
In this case, the Supreme Court of New South Wales imposed penalties including imprisonment and fines for various civil contempts involving breaches of asset preservation orders and undertakings to the Court. The penalties were deemed appropriate due to the nature and seriousness of the contempts.
Court Orders Treatment Instead of Conviction for Defendant with Mental Health Issues
Admissibility of Unverified Reports in Sentencing Proceedings
Juror Discharged Due to Pregnancy in NSW Supreme Court Case
Murder charge dismissed due to mental health impairment
NSW Supreme Court Grants Extended Supervision Order to Protect Community
The NSW Supreme Court granted an extended supervision order for a period of three years to protect the community from an unacceptable risk posed by a high-risk offender with a history of mental illness and extremism. The court relied on expert evidence and statutory provisions under the Criminal Code (Cth) and related Acts.
Sentence Imposed for Shooting with Intent to Murder
The court sentenced the accused to 14 years and 6 months in prison for shooting with intent to murder. The sentence reflects the seriousness of the crime and the involvement in a joint criminal enterprise.
Sentence for Drug Trafficking and Criminal Group Participation
The defendant was sentenced to three years in prison with a non-parole period of one year nine months for drug trafficking and participating in a criminal group. The court considered the early guilty pleas and the defendant's role in the criminal activity.
Murder Trial: Court Rejects Specific Jury Direction
Sentence Reduced After Miscarriage of Justice Found
Sentence Parity Appeal in NSW Court of Criminal Appeal
In this case, the Court of Criminal Appeal granted an extension of time and leave to appeal but ultimately dismissed the appeal. The court focused on the principles of sentence parity, taking into account the seriousness of the offences and the roles of the participants.
Sentence for Manslaughter: 11 Years and 6 Months Imprisonment
Conviction for Proceeds of Crime and Criminal Group Participation
Murder Trial Jury Discharge Appeal Allowed
Children's Court Rules Evidence Sufficient for Jury Beyond Reasonable Doubt
Sentence for Unauthorised Firearm and Weapon Possession
The defendant was found guilty of possessing unauthorised firearms and prohibited weapons, including a shortened shotgun, extendable baton, and nunchakus. They were sentenced to an aggregate term of imprisonment of 3 years and 4 months with a non-parole period of 1 year and 8 months.