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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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Sentencing Tom Spohr Sentencing Tom Spohr

Alesbhi v R; Esbhi v R [2018] NSWCCA 30

The CCA has held that for an offence to be aggravated by the presence of a child requires the court to be satisfied, beyond reasonable doubt, that the child was physically present and aware of the offence. The extent of aggravation, if any, requires an assessment of the likelihood of the effect the

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