Court of Criminal Appeal (NSW) case law
Judgments from the Court of Criminal Appeal (NSW) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Murder Conviction Upheld Despite Jury Directions Dispute
Appeal Dismissed: Sexual Offences Conviction Upheld
Sentence Commencement Date Corrected in NSW Court of Criminal Appeal
Sentence Reduced for Woman Convicted of Social Security Fraud
The Court of Criminal Appeal reduced the sentence of a woman convicted of social security fraud, taking into account the influence of her ex-partner and mother. The court found that the original sentencing judge misunderstood the timeline of the fraud and failed to consider the influence of the ex-partner and mother.
Appeal Against Sentence Granted: Errors in Determination of Objective Seriousness
The NSW Court of Criminal Appeal found that the sentencing judge made errors in determining the objective seriousness of the offences and in imposing double punishment under s 115 of the Crimes Act 1900. The appeal was successful, and the appellant was resentenced.
Court dismisses appeal over solicitation of kidnapping and threats against justice
Criminal Appeal: Extension Granted but Leave Refused
The Court of Criminal Appeal allowed the applicant more time to request an appeal of their sentence but ultimately denied the appeal. The applicant argued that their health had worsened since sentencing, but the court determined that the sentencing judge had appropriately considered the applicant's medical condition at the time of sentencing.
Successful Appeal Against Sentence Due to Sentencing Disparity
In a drug trafficking case, the Court of Criminal Appeal allowed an appeal against a sentence due to an unjustifiable disparity in sentencing compared to co-offenders. The appeal was successful because the starting point for the sentence was significantly higher than those of the co-offenders.
Appeals to Withdraw Guilty Pleas Rejected by NSW Court of Criminal Appeal
Criminal Appeal: Lies Direction and Acquittal
Sentence Reduced After Miscarriage of Justice Found
Sentence Parity Appeal in NSW Court of Criminal Appeal
In this case, the Court of Criminal Appeal granted an extension of time and leave to appeal but ultimately dismissed the appeal. The court focused on the principles of sentence parity, taking into account the seriousness of the offences and the roles of the participants.
Murder Trial Jury Discharge Appeal Allowed
Appeal Against Sentence for Robbery and Firearm Offenses Dismissed
The Court of Criminal Appeal dismissed an appeal challenging the sentence for robbery and firearm offenses. The court emphasised the importance of considering all factors under s 23(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) when assessing the value of an offender's assistance to authorities.
Sentence Reduced Due to Hardship: Appeal Allowed
Conditional Bail Revoked in Criminal Appeal
Appeal Against Sentence for Sexual Offences Against Child Dismissed
The Court of Criminal Appeal dismissed an appeal challenging the sentence for serious sexual offences against a child. The appeal argued that the sentence was unreasonable or plainly unjust but was rejected as the sentence was not considered manifestly excessive.