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Criminal law Tom Spohr Criminal law Tom Spohr

Ardestani v R [2024] NSWCCA 31

In this decision, the Court of Criminal Appeal (‘CCA’) has held that the concepts of extended joint criminal enterprise (‘EJCE’) and ‘in company’ are distinct legal concepts, but being ‘in company’ is less rigorous, and there is no prohibition on the prosecution relying on both of them at the same t

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Sentencing Tom Spohr Sentencing Tom Spohr

Pehar v R [2020] NSWCCA 118

The Court of Criminal Appeal (‘CCA’) has confirmed that an offence is not aggravated merely because another person is present ‘in company’ with the offender. For the statutory aggravating factor to be engaged, there must be a principled explanation as to why the presence of another person renders th

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