Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Against Sentences for Armed Robbery Dismissed
In this case, the Court of Criminal Appeal dismissed an appeal against sentences for armed robbery. The court considered the offender's supportive family and efforts towards rehabilitation but ultimately found the sentences to be appropriate and not overly harsh.
Appeal Allowed: Drug Importation Sentence Increased
Offence of Wielding Knife in Public Place Involves Violent Conduct
The court decided that the act of carrying a knife in a public place involves violent conduct, making the person ineligible for a special program designed to help first-time offenders. This decision was based on the specific actions taken by the individual and the nature of the offence.
Appeal Allowed: Errors in Applying Standard Non-Parole Period
Unfitness to be tried: Appeal allowed, verdict quashed
Complex Trial Allowed to Continue with 10 Jurors
In a landmark decision, the NSW Supreme Court allowed a complex trial to continue with just 10 jurors instead of the usual 12. The court recognised the trial's length and complexity as exceptional circumstances, making it a unique case in legal history.
Appeal Dismissed: Sentences Not Manifestly Inadequate Due to Health Conditions
The Court of Criminal Appeal dismissed an appeal against the manifest inadequacy of sentences due to the appellant's health conditions. The court emphasised the need for balanced justice, considering both the seriousness of the crimes and the appellant's health issues.
NSW Supreme Court Rejects Subsequent Conduct as Contempt Evidence
Successful Defence in Criminal Proceedings Does Not Entitle Costs
Appeal Allowed: Sentence Adjusted for Utilitarian Value of Pleas
The Court of Criminal Appeal allowed an appeal regarding the severity of sentences imposed for indecent assaults on a minor. The court adjusted the sentence to reflect the utilitarian value of late pleas of guilty, reducing the original sentence from 6 years to 5 years and 5 months.
Appeal Dismissed for Dangerous Driving Causing Death
Court Upholds Ban on Disclosure of Jurors' Names
The Court of Criminal Appeal upheld a rule that prevents the prosecution from knowing the names and occupations of jurors before they are chosen. This decision ensures the anonymity of jurors and upholds the rights of defendants under the Constitution.
Full Federal Court Quashes Common Assault Conviction
In this case, the Full Federal Court quashed a conviction for common assault under the a person. The court found that applying the a person provision was inconsistent with more specific provisions and constituted an abuse of process.