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Criminal

Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

AllowedDistrict Court of New South Wales·05 Nov 2021

Sentencing for Grooming Minors Under 16 for Sex via Digital Communication

AllowedSupreme Court of New South Wales·13 Oct 2021

Murder Proven but Not Criminally Responsible Due to Mental Health Impairment

The NSW Supreme Court found that while the defendant committed an act of murder, they were not criminally responsible due to a mental health impairment that prevented them from understanding the wrongfulness of their actions.

AllowedSupreme Court of New South Wales·11 Oct 2021

Sentence Imposed for Terrorist Preparations and Export Attempts

The defendant was sentenced for preparing to commit a terrorist attack and attempting to export materials that were prohibited under the Customs Act. The court considered the severity of the actions and the likelihood of the defendant's rehabilitation.

AllowedSupreme Court of New South Wales·29 Sept 2021

Murder Sentencing Decision in NSW Supreme Court

In this case, the Supreme Court of New South Wales sentenced two individuals for murdering a man during a home invasion. The court imposed longer-than-standard non-parole periods due to the severity of the crimes.

OtherSupreme Court of New South Wales·16 Sept 2021

Contempt of Court for Continuing Legal Practice After Injunction

RefusedCourt of Criminal Appeal (NSW)·23 July 2021

Utilitarian Value of Early Guilty Plea Upheld by Court of Criminal Appeal

OtherSupreme Court of New South Wales·15 July 2021

Conviction and Sentencing for Assault Occasioning Death While Intoxicated

AllowedCourt of Criminal Appeal (NSW)·09 July 2021

District Court Can Set Aside Convictions on Appeals Against Conviction, Not Sentence

The NSW Court of Criminal Appeal decided that the District Court can set aside convictions and dismiss charges on appeals against conviction, but not on appeals against sentence. This ruling clarifies the powers of the District Court in handling appeals.

DismissedCourt of Criminal Appeal (NSW)·07 July 2021

Sentence Appeal Granted but Dismissed Due to Error in Maximum Penalty

The Court of Criminal Appeal allowed an appeal but ultimately dismissed it because the original judge used the wrong maximum penalty when sentencing the defendant. The appeal involved several criminal offenses, and the court decided that despite the error, the original sentence was still appropriate.

DismissedSupreme Court of New South Wales·17 June 2021

Supreme Court Rejects Motion to Exclude Evidence in Criminal Case

RefusedDistrict Court of New South Wales·01 June 2021

District Court Rejects Crown’s Bid to Reopen Case and Recall Witness

OtherDistrict Court of New South Wales·27 May 2021

Proceeds of Crime Order Imposed on Cannabis Supplier

The court ordered a cannabis supplier to pay a proceeds of crime order after rejecting the defendant's contradictory evidence and accepting the prosecution's version of events.

OtherDistrict Court of New South Wales·17 May 2021

Sentence for Money Laundering and Proceeds of Crime

The court sentenced a person to 7 years and 6 months in prison with a non-parole period of 4 years and 3 months for engaging in money laundering and dealing with proceeds of crime. The case involved multiple counts of fraud and misuse of funds over a period of 14 years.

AllowedDistrict Court of New South Wales·14 May 2021

Defendant Found Not Criminally Responsible Due To Mental Health Impairment

The defendant was charged with wounding with intent to murder. The court found the defendant had a mental health impairment and was not criminally responsible for the act, entering a special verdict under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

DismissedCourt of Criminal Appeal (NSW)·13 May 2021

Employer Convicted for Worker Safety Breach Leading to Death

DismissedCourt of Criminal Appeal (NSW)·07 May 2021

Appeal Against Sentence Dismissed by NSWCCA

AllowedDistrict Court of New South Wales·25 Mar 2021

Fraud and Drug Offenses Lead to 8-Year Sentence in NSWDC Case

AllowedSupreme Court of New South Wales·10 Mar 2021

Admission of Tendency Evidence in Murder Trial

AllowedSupreme Court of New South Wales·03 Mar 2021

Supreme Court Admits Evidence in Murder Case Despite Reliability Issues

AllowedDistrict Court of New South Wales·18 Feb 2021

Drug Supply and Firearms Sentences in NSWDC

Two people were sentenced in the NSW District Court for drug supply and firearms offences. The court took into account factors like their guilty pleas and past criminal history to determine their sentences.

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