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Practice and procedure Tom Spohr Practice and procedure Tom Spohr

Dimitriou v R [2025] NSWCCA 18

The Court of Criminal Appeal (‘CCA’) has held that in a prosecution for the offence of Fraud, it is not necessary for the Crown to prove that the accused intended the financial advantage or financial disadvantage or was reckless as to that outcome. The element of deception in this context already re

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Criminal law Tom Spohr Criminal law Tom Spohr

Attorney-General’s Application pursuant to s 108 Crimes (Appeal and Review) Act 2001 (NSW): Re Robert Burton (a pseudonym) [2021] NSWCCA 87

AUTHOR’S NOTE: There is a really serious question here about what the statutory publication restriction means. The publication restriction in s 108(6) is called out twice by Simpson AJA in the decision (at [5]-[6] and again at [86]), but the judgment offers no advice as to what it really means.

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