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Standard Non Parole Period and Aggravated Breaking, Enter & Steal

The standard non-parole period as per item number 12 of the table to Part 4, Division 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW) is 5 years imprisonment. However, as per R v Way (2004) 60 NSWLR 168, whilst the standard non-parole period can be used as a reference point in conjunction with other […]

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Pleading Guilty

The amount of discount to be imposed for entering a plea of guilty is largely a discretionary aspect of the sentence: R v Thomson; R v Houlton [2000] NSWCCA 309 (17 August 2000). As an encouragement for offenders to plead guilty in relation to indictable offences in the Sydney metropolitan region, parliament introduced the Criminal […]

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Drug Importation

In R v Wong; R v Leung [1999] NSWCCA 420 the Court of Criminal Appeal promulgated a guideline sentences for importation offences. The guideline was to apply to couriers and persons low in the hierarchy of the importing organisation. Whist the setting of a guideline judgment was held to be beyond power of the Court […]

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Manslaughter and Murder Charges

A person can be convicted of the crime of murder in a number of different ways as per the offence provision (set out below) namely, s18 of the Crimes Act 1900 (NSW) – ‘the Act’. A person can be convicted of murder through a joint criminal enterprise or through a ‘common purpose’ – which is […]

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Self Defence

Self defence no longer relies upon the common law as it has been codified as per Division 3, Part 11A of the Crimes Act 1900 (NSW). A person carries out conduct in self-defence if and only if the person believes the conduct is necessary: (a)   to defend himself or herself or another person, or (b)  […]

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