Update 53 amends the Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised:
Objective factors (cf s 21A(1))
Guilty plea to be taken into account:
- [11-505] Setting aside a guilty plea to add reference to White v R [2022] NSWCCA 241 in relation to withdrawing a plea before conviction.
Sexual offences against children
- [17-500] Persistent sexual abuse of a child: s 66EA to add reference to Towse v R [2022] NSWCCA 252 in relation to assessing the seriousness of a s 66EA Crimes Act 1900 offence.
Assault, wounding and related offences
- [50-080] Wound or inflict grievous bodily harm with intent to do grievous bodily harm or resist arrest: s 33 to add reference to Maybury v R [2022] NSWCCA 233 in relation to assessing injuries for a s 33(1)(a) Crimes Act offence.