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Criminal Law Case Law


·High Court


Court of Criminal Appeal

R v Blackman and Walters [2001] NSWCCA 121

CRIMINAL LAW - appeals - break, enter and steal - armed robbery with a dangerous weapon - appeal against leniency of sentence - subjective circumstances - most exceptional circumstances - rehabilitation - two step process of sentencing - whether suspended sentence appropriate

R v Button, R v Griffin [2002] NSWCCA 159

Criminal law - aggravated sexual assault - Crimes Act 1900 s 61J - aggravation consisting in commission of offences in company - meaning of "in company" - whether trial judge erred in interpretation of phrase - whether misdirection of jury resulted

SDM [2001] NSWCCA 158

Criminal law - sentencing - armed robbery - juvenile - whether manifestly excessive - whether Henry [1999] 46 NSWLR 346 guideline applicable to juvenile offenders - Children (Criminal Proceedings) Act 1987.

R v WKR [1993] NSWCCA

Supreme Court

Director of Public Prosecutions v Carr [2002] NSWSC 194

Summons to be used by police for minor charges not arrest - whether evidence improperly obtained within s.138 of Evidence Act 1995 - natural justice - magistrate relies on matters researched by himself and prosecution given no opportunity to deal with them.

DPP v COE [2003] NSWSC 363

Unlawful detention by constable - subsequent assault - whether evidence of assault admissible - s183 Evidence Act 1995 - meaning of "obtained" - causation - natue of discretion


R v Phung and Huynh [2001] NSWSC 115


District Court

Children’s Court



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