New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Criminal law


   

  1. 22/12/2016
    Criminal law: perjury; primary judge dismissed application by appellant pursuant to the Crimes Act 1900 (NSW), s 338(1)(c) to prosecute respondent for perjury; meaning of “false statement made on oath”; whether statement made by the respondent was false; allegation that the respondent had deliberately omitted material from an affidavit; whether an omission can form the basis for a charge of perjury

    Mohareb v Palmer  [2016] NSWCA 378
  2. 13/12/2016
    Criminal law: appeal by prosecutor to Land and Environment Court from dismissal in Local Court of summary proceedings with respect to an environmental offence pursuant to Crimes (Appeal and Review) Act 2001 (NSW), s 42(2B)(b); meaning of the definition of “prosecutor” as contained in Crimes (Appeal and Review) Act, s 3(1); relevance of definition of “prosecutor” in Criminal Procedure Act 1986 (NSW), s 3(1); whether Council the “prosecutor” for the purposes of bringing an appeal
     

    Kovacevic v Queanbeyan City Council  [2016] NSWCA 346
  3. 05/12/2016
    Criminal law: Procedure; arrest without a warrant; whether arrest lawful; construction of s 99(3) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW); whether arrest needed to be “necessary” for a purpose stated in sub-s 3; state of mind required of arresting police officer; reasonableness of state of mind
     

    State of New South Wales v Robinson  [2016] NSWCA 334
  4. 18/11/2016
    Criminal law: procedure; warrants, arrest, search, seizure and incidental powers; application of common law principles of arrest to exercise of power to apprehend/detain under Mental Health Act; whether apprehension/detention unlawful in absence of police provision of warning or reasons; finding by magistrate that police’s intention to apprehend and detain applicant was clear to applicant and he resisted; finding that police officer continually offered to take plaintiff to mental health facility; finding that warning and reasons would likely have led to reaction and violence by applicant; effect of exclusion of codified requirements of warning and reasons under Law Enforcement (Powers and Responsibility) Act 2002 (NSW) s 201(3)
     

    Benn v State of New South Wales  [2016] NSWCA 314
  5. 24/10/2016
    Criminal law: appeal to District Court against sentence imposed in Local Court; Crimes (Appeal and Review) Act 2001 (NSW), s 17; appeal to be by way of a rehearing of “the evidence given in the original Local Court proceedings”; whether evidence given at the hearing to determine guilt necessarily part of the evidence at the sentence hearing
    Engelbrecht v Director of Public Prosecutions (NSW  [2016] NSWCA 290
  6. 24/03/2016
    Criminal law: extended supervision orders under the Crimes (High Risk Offenders) Act 2006 (NSW); whether trial judge erred in construction of the phrase “unacceptable risk” in s 5E(2); whether offender’s individual liberty relevant to the assessment of “unacceptable risk” .
    Lynn v State of New South Wales  [2016] NSWCA 57
  7. 03/11/2015New Zealand
    Criminal law: murder; appellant appealing conviction for murder; appellant burgled house of former partner; appellant set fire to house; body of former partner’s daughter found in remains of house; DNA of appellant found under fingernails of victim; whether DNA as a result of indirect or direct transference; Shepherd v R [1990] HCA 56; 170 CLR 573 cited; appeal dismissed
    Jeremy George Edward McLaughlin v The Queen  [2015] NZSC 164
  8. 16/09/2015
    Criminal law: high risk violent offender; primary judge made continuing supervision order, but refused to make a continuing detention order; appeal by State; nature of appeal; Crimes (High Risk Offenders) Act 2006 (NSW), ss 5E, 5F and 5G considered; whether primary judge erred in construing “adequate supervision”; whether failure to give primacy to legislative object; whether primary judge failed to conduct an evaluative judgment of unacceptable risk; whether no basis for finding that respondent would not re-offend suddenly and catastrophically within days of his supervised release; whether failure to give reasons; whether adverse inference available from offender’s failure to give evidence; whether failure to take into account mandatory relevant considerations; no error made out; appeal dismissed
    State of New South Wales v Donovan  [2015] NSWCA 280
  9. 09/09/2015
    Criminal law: high risk violent offender; application for stay of extended supervision order; Crimes (High Risk Offenders) Act 2006 (NSW), s 5F
    State of New South Wales v Donovan  [2015] NSWCA 273
  10. 31/07/2015
    Criminal law: sentencing; application under s 78 Crimes (Appeal and Review) Act 2001 for an order referring the plaintiff’s sentences for drug and related offences to the Court of Criminal Appeal for review; precondition that there be a doubt or question as to the correctness of the sentences; whether doubt or question as to whether plaintiff’s sentences involved Muldrock error; Muldrock v The Queen [2011] HCA 39; 244 CLR 120 and R v Way [2004] NSWCCA 131; 60 NSWLR 168 considered
    Buttrose v Attorney General of New South Wales  [2015] NSWCA 221