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Tom Spohr 1/3/21 Tom Spohr 1/3/21

Momoa v R [2020] NSWCCA 328

In this decision the Court of Criminal Appeal has clarified the obligations of a former lawyer where incompetence is alleged against them by subsequent lawyers.

Tom Spohr 1/3/21 Tom Spohr 1/3/21

Wany v DPP [2020] NSWCA 318

This decision adds another chapter to each of two ongoing areas of controversy: the exact nature of District Court appeals, and the content of the test when considering an Intensive Correction Order (‘ICO’). Here the Court of Appeal has determined that it is an error, when considering a sentence app

Tom Spohr 1/2/21 Tom Spohr 1/2/21

Hamilton v DPP [2020] NSWSC 1745

This decision of a single judge of the Supreme Court deals with the scenario where a defendant agrees that they have committed the offence charged, but disagrees about the particulars of the allegation. It determines that the question of whether the defendant should be committed for sentence (with a

Tom Spohr 1/2/21 Tom Spohr 1/2/21

Ilic v R [2020] NSWCCA 300

The Court of Criminal Appeal (‘CCA’) (McCallum JA, Wright J agreeing; Garling J also agreeing, though for slightly different reasons) has held that Commonwealth matters are not capable of being placed on a Form 1 (as distinct from a schedule pursuant to Crimes Act 1914 (Cth) s16BA).