Thomas Spohr -

A A A By - Sep 04, 2026 9:00 am AEST A single advocate may represent two co-offenders, but Farrugia v The King confirms that the arrangement is fraught with conflict risks. Practitioners must carefully assess each client’s interests and instructions, disclose potential limitations, and obtain informed consent where appropriate. Even then, some conflicts cannot be cured by consent, making separate representation the only prudent course.

RS v Commissioner of Police (NSW) [2026] NSWCCA 128 In this decision the Court of Criminal Appeal (‘CCA’) has provided some practical guidance for cases where a subpoena is challenged on the basis it lacks legitimate forensic purpose (‘LFP’). The applicant was subject to charges relating to child abuse material.

A A A By - Aug 07, 2026 8:05 am AEST Key decisions Armstrong v R [2026] NSWCCA 112 AM v R [2026] NSWCCA 110 Armstrong v R [2026] NSWCCA 112 In this, the latest in a line of decisions touching on the topic of moral culpability, the Court of Criminal Appeal (‘CCA’) reviews the authorities and confirms that a ‘causal link’ is not a necessary precondition to mitigation where an offender has suffered serious childhood deprivation.