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R v Sabbah [2025] NSWCCA 203
In this case the Court of Criminal Appeal (‘CCA’) examined the ‘relatively new’ offence in s 37(1A) of the Crimes Act of intentionally choking, and set out a range of factors which are relevant to assessment of the objective seriousness of the offence.
Comer v R [2025] NSWCCA 164
In this decision the Court of Criminal Appeal has considered what it means for an offence to be a ‘related offence’ under for the purposes of summary offences being sentenced together with indictable offences.
Towers v R [2025] NSWCCA 142
In this decision the Court of Criminal Appeal (‘CCA’) has drawn attention to the importance of keeping the objective and subjective factors of sentencing separate – and more particularly the importance of not allowing the existence of a guideline judgment to detract from the obligation to make disti
Wei v R [2025] NSWCCA 150
Where an offender is being sentence for a Commonwealth offence, and they have cooperated with authorities, this decision has drawn attention to the importance of a need for separate conclusions about what discount (if any) should be allowed by reason of the assistance.
NK v R [2025] NSWCCA 73
In this decision the CCA has observed that, although general deterrence and an offender’s deprived upbringing may pull in opposite directions in sentencing, it is not correct to say that an increased need for general deterrence renders an offender’s reduced moral culpability irrelevant.
Rokovada v R [2025] NSWCCA 64
In this important decision, the Court of Criminal Appeal (‘CCA’) has held that a mere offer to plead guilty at committal may not secure a 25% discount if accepted later by the Crown, where the plea could have been entered to existing charges but wasn't formally made in court.
MacBlane v R [2025] NSWCCA 52
In this decision, one judge has drawn together 15 years worth of reasons why it is now rarely appropriate to cite the guideline judgment for sentencing in break, enter, and steal matters – and pointed out that practitioners who uncritically do so will likely lead the court into error.
RG v R [2025] NSWCCA 36
Where a sex offender has themselves been abused as a child, that earlier abuse against them may be used in mitigation if the applicant establishes on the balance of probabilities that the abuse occurred, that it was a ‘contributing factor’ in their offending, and it can be shown that there are relev
Sampson v R [2025] NSWCCA 25
In this judgment the Court of Criminal Appeal (‘CCA’) has held that, unfortunate as it may be, the mandatory sentencing discount scheme requires judges to impose post-discount sentences which cannot be rounded to even months. It would appear many head sentences, at least, are set to become expressed
BAP v R [2024] NSWCCA 206
In this decision the Court of Criminal Appeal (‘CCA’) has endorsed the proposition that a plea at a ‘super call-over’ may, in appropriate cases, attract a discount which is additional to the discount for the plea of guilty.
Vamadevan v The King [2024] NSWCCA 223
In a decision that creates a crisp distinction between offenders committing federal offences as distinct from NSW State-based offences, the CCA has held that, whilst Intensive Correction Orders (‘ICO’s’) are available for federal offenders, s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) do
Dorsett v R [2024] NSWCCA 192
In this case, the Court of Criminal Appeal (‘CCA’) has attempted to clarify whether or not it is appropriate (or necessary) to sentence by reference to a notional range of objective seriousness – that is, assessing a particular case by comparison to a hypothetical middle of the range of objective se
Shortland v R [2024] NSWCCA 174
In this decision the Court of Criminal Appeal has held that a gambling disorder – as distinct from merely an undiagnosed gambling problem – may be used in mitigation in appropriate cases. The Court also implied that, where legal practitioners are advising an adjournment of a sentencing hearing, ther
Nosti v R [2024] NSWCCA 158
Where an offender is to be sentenced for conduct across charges both on indictment and one or more Forms 1, the CCA has held that it will be an error if a sentencing Court is not specific in defining what is, and is not, part of the formal convictions. The presentation by the parties of a global pos
Tukuafu v R [2024] NSWCCA 84
Following a helpful review of the authorities (and setting aside one which seems to stand alone), the CCA has set out the bases upon which the facts of Form 1 offences can be taken into account on sentencing – and in the process, considered whether or not, and how, the Form 1 offence(s) can be used
Huynh v R [2024] NSWCCA 61
In the first of two summaries this month dealing with pre-sentence custody, the Court of Criminal Appeal (‘CCA’) observed that pre-sentence custody must be taken into account – but only once. If the Crown contends that some pre-sentence custody is referrable to another offence, it must obtain the re
McMillan v R [2024] NSWCCA 83
In the second part of this month’s duology on pre-sentence custody, the CCA closely examined the individual legislative provisions which require pre-sentence custody to be taken into account, both in sentencing an offender to custody, or in deciding to impose a less serious penalty. The Court also e
Robertson v R [2024] NSWCCA 22
Here the CCA has reiterated that where an offender commits an offence to pay off a drug debt or to fund their own habit, then the offence will typically not be for ‘financial reward’ in the way that is normally understood in the context of sentencing – but this amounts to the absence of an aggravati
DG v R (No 1) [2023] NSWCCA 320
In this decision the Court of Criminal Appeal (‘CCA’) has put to bed the question of whether a sentence of imprisonment can be reduced to enable consideration of an Intensive Correction Order (‘ICO’): it is not a permissible exercise of a sentencing judge’s discretion.
Mattiussi v R [2023] NSWCCA 289
The Court of Criminal Appeal (‘CCA’) has criticised the over-complicated way that time in custody is often expressed in submissions, and suggested a simpler way to express the same information.