Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Application for Separate Trials Refused in Sexual Assault Case
New Trial Ordered Due to Inconsistent Verdicts
Voice Identification Evidence Admissible Without Threshold Test
Application for Royal Prerogative of Mercy Refused
Application to Reopen Appeal Denied Due to Lack of Procedural Fairness
In this case, the Court of Criminal Appeal rejected an application to reopen an appeal because the applicant claimed they were denied procedural fairness. However, the Court ruled that once an appeal has been heard and a decision made, it cannot be reopened.
Murder Conviction Appeal Dismissed by NSW Court of Criminal Appeal
Opium Possession Case Mistrial Due to Misdirection on Trafficable Quantity
Murder Sentence with Sexual Assault - Supreme Court of NSW
The Supreme Court of NSW sentenced a man to 19 years in prison for murdering an elderly woman and sexually assaulting her. The non-parole period is 14 years, reflecting the seriousness of the crime.
Appeal Dismissed: Sentence Comparison in Criminal Appeal
Admissibility of DNA Evidence in Criminal Trials
Sentencing for Manslaughter with Mental Health Impairment - Supreme Court of NSW
Refusal to Set Aside Summary Dismissal of Appeal
Sentence Reduced for Multiple Offenses Arising from Same Incident
Appeal dismissed for sexual assault and violent crimes - NSW Court of Criminal Appeal
Murder Trial Ends with Related Assault Charge Dismissed
High Court Grants Murder Appeal for Fresh Trial
High Court Rejects Application to Prohibit Extradition Evidence Taking
The High Court dismissed an application made by someone seeking to stop a a person magistrate from taking evidence related to extradition proceedings for criminal matters in another country. The court ruled that the magistrate was within their rights, even if questions were asked by foreign judges and copies of transcripts were distributed.
High Court Reduces Sentence for Sexual Assault
In this case, the High Court reduced a a person-year prison sentence to six months for an individual convicted of sexual assault. The court emphasised the importance of considering the unique circumstances of each case when determining appropriate sentencing under the Criminal Code W.A.
High Court Upholds Conviction in Cannabis Import Case
High Court Quashes Conviction Due to Technicality in Ordinance
In this case, the High Court quashed a conviction because of a technical issue in the wording of an ordinance. The clause requiring vehicles to proceed to any type of weighing device was found to exceed the power given by law, which specifically allowed only public weighbridges.