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McGregor v R [2024] NSWCCA 200

In this case a five-judge bench of the CCA, in a unanimous decision, has considered the correct approach to discounts in federal sentencing cases involving mandatory minimum sentences. The Court also held that aggregate sentences remain available for this category of federal sentences when imposed i

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Federal sentencing Tom Spohr Federal sentencing Tom Spohr

Chan v R [2023] NSWCCA 206

For anybody worried that it wasn’t already sufficiently complicated to sentence federal offenders, fear not, because this decision of the Court of Criminal Appeal (‘CCA’) provides that when sentencing a federal offender, a court applying the three-step test in deciding whether to impose an Intensive

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Federal sentencing Tom Spohr Federal sentencing Tom Spohr

Kabir v R [2020] NSWCCA 139

The Court of Criminal Appeal (‘CCA’) has found that requiring an offender to verbally answer whether they want offences taken into account on a s 16BA schedule would be a triumph of form over substance; it should usually be enough in Commonwealth matters (at least) if their lawyer confirms the offen

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Federal sentencing Tom Spohr Federal sentencing Tom Spohr

Xiao v R [2018] NSWCCA 4

Overturning a NSW authority which has stood for more than a decade, the Court of Criminal Appeal (‘CCA’) has determined that when sentencing for Commonwealth matters, it is permissible to take into account the utilitarian value of a plea of guilty.

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