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Grajewski v Director of Public Prosecutions [2017] NSWCCA 251
The Court of Criminal Appeal (‘CCA’) has determined that the offence of destroying or damaging property, perhaps counterintuitively, does not necessarily require actual damage.
KN v R [2017] NSWCCA 249
The CCA has determined that it is within a trial judge’s discretion to order that audio visual link (‘AVL’) evidence can be given from the complainant’s home, using their own computer and software.
Director of Public Prosecutions (NSW) v Charheh [2017] NSWSC 1061
The Supreme Court has emphasised that, generally, an inaccurate allegation about the date or time on which an offence occurred will not affect the outcome in a prosecution.
Robertson v R [2017] NSWCCA 205
The Court of Criminal Appeal (‘CCA’) has revisited longstanding principles in sentencing drug offenders. Subject to some qualifications, it appears that all sentencing options need to be considered in all cases, rather than applying a judicially-created rule – however longstanding it might be.
Taub v R [2017] NSWCCA 198
The CCA has determined that the assumptions on which an expert opinion is based need not be proven in order for the opinion to be admissible.
Director of Public Prosecutions (NSW) v Nikolovski [2017] NSWSC 1038
In this decision the Supreme Court has looked at the subtle differences between two different intimidation offences, and reminded courts that the prosecution is the sole decision-maker when it comes to choice of charges.
Director of Public Prosecutions (NSW) v Saunders [2017] NSWSC 760
The Supreme Court has held that where an offender seeks to be diverted under s32 of the Mental Health (Forensic Provisions) Act 1990 (‘the Act’), and the order is for discharge into the care of a person, or requiring attendance on a particular place or person, the orders must specify that particular
PG v R [2017] NSWCCA 179
In this decision, the NSW Court of Criminal Appeal (‘CCA’) has held that different facts between different offenders call for different sentences – even if that result might look illogical or frustrate attempts for equal justice. It also, by a majority, held that when an aggregate sentence is impose