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Hogg v R [2019] NSWCCA 323
In this decision of the Court of Criminal Appeal (‘CCA’), the Court has examined the use of the ‘special caution’ and how it may (or may not) qualify the right to silence.
Wood v R [2019] NSWCCA 309
The CCA has made it clear in this decision that there needs to be a bright-line distinction between factors which go to the objective seriousness of the offending, and those which go to the subjective case of the offender. However, they have also held that the concept of ‘moral culpability’ stands s