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 »
Posts Categorized: Criminal Law
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 »
A Magistrate Who Refuses a Mental Health Application Can Hear a Subsequent One
By Paul Gregoire and Ugur Nedim Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client. The… Read more »
Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy?
By Paul Gregoire and Ugur Nedim When a gossip columnist for a prominent Australian masthead was made aware that a leading local star with global reach was gay, he gave her a heads up and requested comment, prior to exposing her secret, and when she then pipped him to the post, he felt entitled to publicly… Read more »
Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence
By Paul Gregoire and Ugur Nedim The overbearing law enforcement approach to the COVID pandemic, which had a focus on criminalising those who didn’t follow health restrictions, via the widespread imposition of draconian fines that were issued seemingly with no discretion and in the most absurd of circumstances. Following the passing of the pandemic, as… Read more »
Young Man Acquitted of Murder, After Key Witness Exposed as a Police Informant
By Paul Gregoire and Ugur Nedim In the early hours of 21 April 2008, a series of altercations between two groups of young men and youths in the vicinity of Granville railway station took place. One group, described as being of “Islander appearance”, included Edward Spowart and Firoz Mohammed, while the other, said to be… Read more »
Prosecution Must Prove Date of Alleged Criminal Offence
By Paul Gregoire and Ugur Nedim In February 2019, a then 15-year-old girl began karate classes taught by NSW instructor Mark Passmore for “about three weeks” commencing on the 4th of that month. The teen complained to NSW police on the 19th, that the then 66-year-old man had made an indecent comment to her. During… Read more »
What is a Conspiracy in New South Wales Criminal Law?
By Paul Gregoire and Ugur Nedim Emmanuel Rubasha and Obed Guise were in Bankstown on the evening of 20 November 2019, waiting for Jesse Curuenavuli to pick them up in his mother’s car. Travelling with Curuenavuli were two others, Brooke Mohi and Albert Nitiva. The trio travelling in the car collided with another in Bankstown,… Read more »