Court of Criminal Appeal (NSW) case law

Dangerous Driving Causing Death & Harm - Court of Criminal Appeal Decision

Appeal Reduces Sentence for Methamphetamine Importation

The Court of Criminal Appeal reduced the sentence of the claimant from 9 to 8 years, adjusting the non-parole period, due to manifest excessiveness and disparity with a co-offender's sentence.

Improper Jury Instructions Lead to New Trial in NSW Criminal Case

The Court of Criminal Appeal overturned a conviction and ordered a new trial because the judge gave improper instructions to the jury, which could have influenced the jury's decision-making process.

Court of Criminal Appeal Quashes Non-Parole Period Considering Family Impact

Appeal Against Murder and Malicious Wounding Convictions Dismissed

Appeal dismissed: Sentence for armed robbery upheld

Appeal Rejected: Armed Robbery Sentence Discount Upheld

The Court of Criminal Appeal rejected an appeal challenging a sentence for armed robbery. The claimant argued for a greater discount for assisting authorities, but the court found the original sentence appropriate.

Appeal Against Sentence Dismissed in NSW Court of Criminal Appeal

In this case, the Court of Criminal Appeal dismissed an appeal against sentence, upholding the original sentence despite errors in the sentencing process. The appeal was brought by a defendant who argued that the judge failed to consider all pre-sentence custody and erroneously referenced a good behaviour bond during sentencing.

Appeal Dismissed Over Ram-Raid Sentence

Appeal Dismissed: Sentence for Manslaughter Upheld

Conviction for Commercial Drug Supply Overturned Due to Insufficient Evidence

Appeal dismissed: Sentence upheld for drug trafficking and money laundering

Appeal Dismissed: Sentence Upheld for Home Invasion with Firearms

The Court of Criminal Appeal dismissed an appeal challenging the sentence for a home invasion involving firearms. The court emphasised the need for procedural fairness when considering general deterrence in sentencing.

Court of Criminal Appeal Reduces Sentence for Mentally Ill Offender

NSW Court of Criminal Appeal Overturns Directed Acquittal Due to Trial Errors

The Court of Criminal Appeal overturned a directed acquittal because the original trial judge made significant errors in applying the law and considering the prosecution's case. The appeal judges found that the trial judge failed to follow proper procedures and misinterpreted the evidence presented during the trial.

Appeal Against Sexual Assault Conviction Dismissed

The Court of Criminal Appeal dismissed an appeal against a sexual assault conviction. The appellant argued that the conviction was unjust due to police delays and juror misconduct. The court disagreed and upheld the original conviction.

Appeal Dismissed: Sentence Upheld for Dangerous Driving Causing Harm

Appeal Allowed Against Stay Due to Compromised Fair Trial Rights

The Court of Criminal Appeal allowed an appeal against a permanent stay of proceedings, ruling that the disclosure of transcripts by the Australian Crime Commission compromised the right to a fair trial. This decision highlights the importance of maintaining fairness in legal proceedings.

Appeal Dismissed: Sentence Not Manifestly Excessive

The Court of Criminal Appeal dismissed an appeal challenging a sentence for aggravated break enter and steal offences. The court ruled the sentence was not manifestly excessive after considering the principle of totality and parity.

Appeal Dismissed: Sentencing Guidelines for Non-Parole Periods

The Court of Criminal Appeal dismissed an appeal challenging the sentencing judge's decisions on non-parole periods and sentence accumulation in armed robbery cases. The appeal argued that the judge should have adjusted the non-parole periods when accumulating sentences, but the Court upheld the original sentences.