By Paul Gregoire and Ugur Nedim Natalia Mikhaylova faced a Local Court defended hearing over two counts of common assault, which is an offence under section 61 of the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years in prison. The charges were dismissed by the NSW Local Court in November 2023, as… Read more »
Posts By: Sydney Criminal Lawyers
Categories of Practising Law in New South Wales: The Legal Practice Matrix
By Paul Gregoire and Ugur Nedim Both coming into effect on 1 July 2015, the Legal Profession Uniform Law (NSW) (the Uniform Law) and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the Conduct Rules), establish the rules that regulate the conduct of lawyers in New South Wales, over and above the responsibilities… Read more »
Sentencing in NSW: The Three Stage Process When Considering Imprisonment
By Paul Gregoire and Ugur Nedim Sometime after 8 pm on 15 January 2022, the then 14-year-old Thomas entered the kitchen, where his mother SJ was making him dinner and his then 51-year-old stepfather SR was also present, with the older couple having recently returned from a six-hour-long celebratory lunch and drinks. SR commenced calling… Read more »
Extended Supervision Orders Can Only Be Imposed If Necessary to Protect the Community
By Paul Gregoire and Ugur Nedim Ibrahim Ghazzawy was living in Sydney and is said to have adopted the Islamic State political outlook by the age of 18, at which point, in early 2014, he had his passport seized by Australian authorities as he planned to fly to Morocco, as it was claimed he sought… Read more »
NSW Supreme Court Refuses to Invalidate Remaining COVID Fines
By Paul Gregoire and Ugur Nedim NSW police issued Angelika Kosciolek with a $3,000 fine at Thegoa Lagoon, which is on the outskirts of the town of Wentworth in far western NSW. The 13 September 2021 penalty notice was issued in relation to the offence described as “Leave Greater Sydney for Prescribed Purposes Without Permit”…. Read more »
Mistake of Fact Is Not a Legal Defence to Drug Driving Charges
By Paul Gregoire and Ugur Nedim The NSW Court of Criminal Appeal (NSWCCA) confirmed in a 19 February 2024 ruling that the offence of the offence of drug driving in New South Wales is an absolute liability offence, which means the long relied upon legal defence of honest and reasonable mistake of fact is not… Read more »
AI Generated and Digitally-Translated Character References Aren’t Acceptable in Court
By Paul Gregoire and Ugur Nedim “In my view, it is clearly inappropriate that personal references used in sentencing proceedings are generated by, or with the assistance of” a large language model program, determined ACT Supreme Court Justice David Mossop two weeks ago. And as to why, his Honour explained that “if they are not… Read more »
NSW Bans the Use of Spit Hoods in Places of Detention
By Paul Gregoire and Ugur Nedim Two incidents in 2016 that involved spit hoods in certain Australian jurisdictions brought the issue of the controversial use of these antiquated devices to national and global attention. The first was the airing of the Four Corners documentary Australia’s Shame, which featured imagery of a shirtless 17-year-old Aboriginal boy strapped to… Read more »
Unjust Drug Driving Laws Persist, Eight Years on from Historic Ruling
By Paul Gregoire and Ugur Nedim Eight years ago last Thursday, in Lismore Local Court, then NSW Magistrate David Heilpern ruled in favour of Joseph Carrall in regard to a drug driving charge, as he found the accused hadn’t consumed cannabis for “at least nine days prior” to testing positive for driving with its presence in… Read more »
Roger Rogerson: Decorated NSW Police Officer and Cold-Blooded Killer
By Paul Gregoire and Ugur Nedim Legendary Sydney whistleblower Sallie-Anne Huckstepp knew her time was up after she’d accussed NSW police detective sergeant Roger Rogerson of killing her boyfriend, heroin dealer Warren Lanfranchi, during a 1981 interview with 60 Minutes. Such was the reputation of the notorious Sydney police officer, who died on 21 January, after suffering… Read more »