Criminal
Criminal judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Supreme Court Extends Forensic Patient Status for 2.5 Years
The Supreme Court of New South Wales extended the forensic patient status of an individual for 2.5 years. The decision was based on the individual posing an unacceptable risk to public safety and the inability to manage this risk through less restrictive measures.
Convictions for Firearms Offences Quashed Due to Insufficient Evidence
The Court of Criminal Appeal overturned the convictions for firearms offences and the overall punishment because there wasn't enough proof that the firearms were 'prohibited firearms' as defined by the Firearms Act 1996 (NSW).
Appeal against Aggravated Indecent Assault Conviction Denied
Conviction for Aggravated Break and Enter and Assault in NSW District Court
Supreme Court Refuses Bail for Murder Charge Despite Delay
Sentence Reduced Due to Childhood Deprivation and Mental Health Issues
The NSW Court of Criminal Appeal reduced the sentence for the applicant due to mitigating factors such as childhood deprivation and mental health issues, emphasising the significance of individual circumstances in sentencing decisions.
NSW Supreme Court Grants Restraining Order Against Suspected Criminal
Sentence Reduced After Guilty Plea Oversight
Supreme Court Lacks Jurisdiction in Release Application Under Bail Act 2013
Restraining Order Issued for Suspected Serious Criminal Activity
Supreme Court Grants Restraining Order Against Seized Cash Linked to Proceeds of Crime
The Supreme Court of New South Wales granted restraining orders against seized cash linked to suspected proceeds of crime. The court found reasonable grounds for suspicion based on the defendant's suspicious behavior and the presence of large amounts of cash.
Claimant Allowed to Appear Via AVL During Serious Criminal Trial
In a serious criminal case, the Supreme Court of NSW allowed the defendant to appear via audio visual link (AVL) during his trial due to health concerns. The court took into account the defendant's age, diabetes, and past experiences of motion sickness, ensuring fair trial conditions and efficient use of resources.
Sentence for Dishonesty and Drug Offences in NSW
A 23-year-old man with a history of drug abuse and dishonesty was sentenced to 3 years in prison with an 18-month non-parole period. The court took into account his prior convictions and the need for general deterrence.
Severe Sentencing for Large-Scale Drug Trafficking and Manufacturing
In this case, the District Court of New South Wales sentenced a person to 24 years in prison for large-scale drug trafficking and manufacturing operations involving over 292 kilograms of Methylamphetamine.
Sentence Reduced for Manslaughter Considering Mental Health and Cooperation
Appeal Dismissed: Admissibility of Interpreter's Evidence Upheld
The Court of Criminal Appeal dismissed an appeal challenging the admissibility of an interpreter's evidence due to her lack of compliance with the expert witness code of conduct. The court ruled that although the interpreter did not comply with the code of conduct, her evidence was still admissible if it was reliable and relevant to the case.
Severe Penalties for Drug Importation and Trafficking
Appeal Against Sentence Dismissed in NSWCCA Case
Murder Trial Witness Protection Certificate Expanded
During a murder trial, a certificate was expanded to protect a witness from self-incrimination. The court allowed the certificate to cover a wide range of potential incriminating evidence.