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Elwood v Director of Public Prosecutions [2023] NSWSC 772
This decision came to public attention because of the remarks of the Magistrate, who had disparaged judgments – and judges – of the Supreme Court. But the reasons are likely to be important in committal matters where the case conference process is taking a long time – and perhaps in any matter which
Young (a pseudonym) v R [2022] NSWCCA 111
In this decision, the CCA has held that where a sentence has been delayed, it is permissible to take into account in mitigation not only the fact that the sentencing options have changed since the offences, but also (perhaps curiously) the very fact that the offender has been disadvantaged because t
R v Obbens [2022] NSWCCA 109
In this judgment the Court of Criminal Appeal (‘CCA’) has said that the focus when sentencing an offender for fresh sentences which overlap a stale sentence imposed some time ago, the focus is on the totality of the sentence at the time it is imposed. In other words, the question is what the appropr