By Paul Gregoire and Ugur Nedim Just after 9 am on 28 November 2021, local man Simon Fleming appeared at the intersection of Windang and Acacia Streets in the Wollongong, armed with a bolt action rifle, a gel blaster that appeared to be a self-loading rifle and a silver case resembling an explosive device. Fleming… Read more »
Posts Categorized: Criminal Law
The Shepherd Direction: Fundamental Facts Must Be Proved Beyond Reasonable Doubt in Circumstantial Cases
By Paul Gregoire and Ugur Nedim In the mid-1970s, the “Mr Asia” drug syndicate commenced operations. It was a multi-million-dollar criminal network initially importing cannabis and then heroin from Southeast Asia into Australia, New Zealand and the UK, via Singapore distributor Choo Cheng Kui or Chinese Jack. James “Diamond Jim” Shepherd was initially the network’s banker…. Read more »
The Defence of Automatism: No Criminal Responsibility for Unconscious and Unforeseeable Conduct
By Paul Gregoire and Ugur Nedim At 4.51 am on 19 December 2019, Nicholas Parker was driving his father’s car along Kurrajong Road in the NSW town of Richmond, when the 19-year-old apprentice electrician fell asleep, veered across to the other side of the road and hit two cyclists riding along the shoulder of the… Read more »
Terrorism Offences: Judges Must Properly Consider Mitigating Factors During Sentencing
By Paul Gregoire and Ugur Nedim A 15-year-old male came to the attention of the AFP’s NSW Joint Counter Terrorism Team (JCTT) in May 2015, as he’d been accessing violent Islamic extremist material online. The AFP’s National Disruption Group (NDG) then got in touch with the teen’s family and suggested his father make a plan… Read more »
Conduct Suggesting Consciousness of Guilt Insufficient to Convict, Appeal Court Finds
By Paul Gregoire and Ugur Nedim Just after noon on 10 August 2018, Jeff McKee burst into the Hereford Street home of Blake Davis in Sydney’s Glebe. Davis was eating breakfast with his girlfriend Hannah Quinn, when the intruder, armed with a set of knuckledusters and a handgun, appeared inside the house. McKee screamed at… Read more »
Man Acquitted of Historical Criminal Charges as NSW Police Had Fabricated the Evidence
By Paul Gregoire and Ugur Nedim Eric Honeysett was arraigned and pleaded not guilty before a jury in the Supreme Court of New South Wales on 6 October 1987 for one count of supplying a prohibited drug under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) and one of malicious wounding with… Read more »
A Summary of the New South Wales Police Use of Force Manual
By Paul Gregoire and Ugur Nedim The 2022 NSW Police Use of Force Manual opens by advising that when engaging in physical confrontation officers shouldn’t be concerned with future criticism, but instead ensure that no more force than reasonably necessary is applied when carrying out duties safely and effectively. The sole NSW police oversight body, the Law… Read more »
Expired Apprehended Violence Orders Cannot Be Revoked, Supreme Court Rules
By Paul Gregoire and Ugur Nedim In late 2018, Robert Wass pleaded guilty to common assault, contrary section 61 of the Crimes Act 1900 (NSW), in relation to his having punched his nephew in the face, after catching him hunting pigs on his property without permission. The young man punched his uncle back for good measure…. Read more »
Defendant Found Not Guilty of Drug Charges as Search of Vehicle Was Illegal
By Paul Gregoire and Ugur Nedim At about half past midnight on 28 January 2018, NSW police constable Ward, senior constable Aston and probationary constable Pranic were patrolling the Sydney suburb of Paddington in an unmarked car, which had been driving behind a grey Mazda, prior to turning onto another street. However, as Ward later claimed,… Read more »
Police Officer Faces Assault Charges for Fatally Tasering 95-Year Old Woman
The New South Wales Police Officer who tasered 95-year old Clare Nowland in an aged care nursing home, has been charged. Treated like a criminal Ms Nowland passed away from her injuries on Wednesday night. She was tasered while approaching officers very slowly using her walking frame, with a steak knife in her hand. Ms… Read more »