New judgments
Fri Mar 24 2023Davidson v The King [2023] HCATrans 31 - "the practical reality of sentencing in New South Wales today is that where long sentences are imposed, sentencing courts almost very rarely make findings of special circumstances, even in cases with offenders with very good prospects of rehabilitation" (Odgers SC)
Mohana v R [2023] NSWCCA 61 - "if… the appellate court has satisfied itself, on its own independent assessment, that the applicant was guilty it has necessarily made the relevant findings of fact, and rectified any deficiency in the trial judge's fact finding exercise."
R v Musa (No 2) [2023] NSWSC 247 - voluntariness as part of the actus reas rather than mens rea
Tyrone Smithers v Capitol Chilled Foods (Australia) Pty Ltd [2023] ACTMC 5 - corporations, good character