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Neil Harris (a pseudonym) v Regina [2019] NSWCCA 236
This decision of the Court of Criminal Appeal deals with two important issues: when do you have to challenge a sentencing judge on a favourable position they expressed to your opponent? And can adverse use be made of affidavits of assistance if they are not induced? The answers are, respectively: Wh
Mihelic v R [2019] NSWCCA 2
The CCA has considered circumstances in which it might be an error for a sentencing judge to fail to take sworn evidence of remorse into account – and in the process, seems to have pushed at an open door by saying that a failure by the Crown to cross examine might be used against them.