By Nicholas Morrisey
In Director of Public Prosecutions v Dalgliesh (A Psyuedonym), the High Court (‘the Court’) unanimously allowed an appeal on sentence from the Victorian Court of Appeal (‘Court of Appeal’). In doing so, the Court again affirmed the desirability of the process of instinctive synthesis and reiterated the importance of individualised justice. No single factor in sentencing is to be afforded supremacy in such a way as to fetter discretion or allow an unjust sentence to stand. The decision also acts as a reminder for practitioners that when considering a plea of guilty, the accused’s expectation of a sentencing outcome will not act as a bar to the fixing of a just sentence. Continue reading “Director of Public Prosecutions v Dalgliesh (A Psyuedonym)”
The NSW AG today announced a number of wide-ranging reforms to the criminal justice system. While the legislation has not yet been released, it is clear that these reforms will have a major impact on the practice of criminal law in NSW.
Continue reading “NSW Government announces criminal law reforms”
By Seppy Pour
The case of De Simoni is a foundational case dealing with the consideration of aggravating factors in criminal sentencing. It was recently considered in the High Court judgment of Nguyen v The Queen in the context of factors reducing the objective seriousness. Continue reading “Blast from the past: foundation cases and their recent application – De Simoni and Nguyen v The Queen”
By Kamani Krishnan
Only a fraction of Australia’s young people, aged ten to seventeen years, are Aboriginal or Torres Strait Islander – just five per cent. Yet, they are in detention and custody at a rate 26 times higher than their Australian peers in the same age group (Figure 1). Continue reading “Trial of the new NSW Youth Koori court – success?”