Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Acquittal Order Is Final: Appeal Dismissed By Court Of Criminal Appeal
Appeal Dismissed: Criminal Sentencing Appeal
The Court of Criminal Appeal dismissed an appeal against the severity of a sentence imposed on an individual who had breached a suspended sentence by committing further offenses. The court took into account the offender's prior convictions, plea of guilty, and the impact on his dependents.
Appeal Allowed: Sentence Increased for Dangerous Driving Occasioning Death
The Court of Criminal Appeal increased the sentence for a man who caused a fatal accident while driving dangerously. The court considered the severity of the crimes and the offender's extensive criminal history when increasing the sentence.
Murder Sentence Imposed for Killing Wife
A man was sentenced to 16 years in prison for murdering his wife. The court took into account his psychiatric condition and other factors when determining the sentence.
Court Rejects Appeal on Knowledge of Drug Quantity in Attempt Case
In this case, the Court of Criminal Appeal decided that the prosecution does not need to prove that the defendant knew the exact quantity of the drug they were trying to obtain. The case centered around whether the prosecution needed to show that the defendant intended to take possession of a specific amount of cocaine, or if it was enough to show that the defendant intended to take possession of cocaine regardless of the amount.
NSWCCA Quashes Convictions Due to Flawed Joint Enterprise Instructions
The NSW Court of Criminal Appeal overturned convictions because the jury received inadequate instructions on joint enterprise. The case involved multiple counts of murder and attempted murder, where the prosecution argued that the accused acted together in committing the crimes. However, the court found that the jury was not properly instructed on how to interpret the concept of joint enterprise, leading to the quashing of the convictions and the order for new trials.
Juvenile Sentencing Appeal: Control Order Issued
Appeal Allowed: Sentence Increased for Multiple Armed Robberies
Appeal Allowed: Sentence Reduced Due to Delay
Appeal Allowed: Sisters' Assault Sentences Modified
The Court of Criminal Appeal allowed an appeal and modified the sentences for two sisters convicted of assault, opting for a suspended sentence and good behavior bond due to troubling conditions for their custody and detention.
Supreme Court Refers Case to Court of Criminal Appeal Due to Doubts About Guilt
Sentence for Mother Who Failed to Seek Medical Help for Child
A mother was sentenced to three years in prison for manslaughter by criminal negligence after failing to get medical help for her injured child and keeping the child in a dangerous environment.
Appeal Granted: Reduced Non-Parole Period for Young Offender
Appeal Against Drug Importation Conviction and Sentence Dismissed
The NSW Court of Criminal Appeal dismissed an appeal against a conviction for drug importation via yacht. The court also granted leave to appeal against the sentence but ultimately dismissed it. Evidence of previous drug importations was considered admissible and relevant.
NSW Court of Criminal Appeal Reduces Non-Parole Period for Drug Importation
Psychological Conditions Must Be Considered in Sentencing
Appeal dismissed for dangerous driving causing death
The Court of Criminal Appeal dismissed an appeal challenging a five-year sentence for dangerous driving causing death. The court found the sentence appropriate and within the range for such offenses.
Admissibility of Prior Identification Evidence in Criminal Trials
In this case, the court decided that evidence of a witness identifying a suspect from a photo array three months after the event was not fresh enough to be admitted in court under the Evidence Act 1995.