This page contains casenotes and articles written by Tom. You can search for a case by name, or you can browse by year / topic.

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Evidence Tom Spohr Evidence Tom Spohr

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.

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Sentencing Tom Spohr Sentencing Tom Spohr

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

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