By Paul Gregoire and Ugur Nedim The Prasad direction was a practice available in criminal trials, whereby a judge could inform a jury that it was open to acquit the accused at any point following the close of the prosecution case if the evidence was considered insufficient to support a conviction. The use of the Prasad… Read more »
NSW Courts Articles
Money Laundering: The Crime of Hiding Illegally Sourced Funds
By Paul Gregoire and Ugur Nedim Detectives from the State Crime Command’s strike force Quinlan raided the Doonside home of Shalin Patel last Tuesday. Police arrested the 22-year-old in relation to his alleged involvement in an identity theft syndicate. The police claim that those involved in the scam ported more than 70 individual’s mobile phones from… Read more »
The Ellis Defence: How the Church Avoided Paying Child Sexual Abuse Victims
By Paul Gregoire and Ugur Nedim John Ellis was a senior altar boy at the Christ the King Parish of the Catholic Church in Bass Hill, when in 1974, then Archbishop of Sydney James Freeman appointed Father Aidan Duggan to work at the church. Soon after his arrival, Father Duggan took a special interest in 13-year-old… Read more »
The Crime of Murder in New South Wales
By Paul Gregoire and Ugur Nedim Michael Murphy died of natural causes at Long Bay prison hospital on 21 February. The 65-year-old was one of a group of five men found guilty of committing the horrific sexual assault and murder of Sydney nurse Anita Cobby. On the night of 2 February 1986, Murphy, two of his… Read more »
From Committal to Verdict: The Criminal Trial Process in NSW
By Paul Gregoire and Ugur Nedim A NSW District Court jury found former Australian Taxation Office deputy commissioner Michael Cranston not guilty of misusing his position to benefit his son on 15 February 2019. Following the verdict’s delivery, the 40-year ATO veteran held back the tears in the dock at Sydney’s Downing Centre District Court. During… Read more »
Judge’s Summing Up Amounted to “a Second Address by the Prosecution”
By Paul Gregoire and Ugur Nedim On 16 May 2013, a consignment of five cardboard boxes marked “pijamas” arrived in Sydney from Chile. The movements manager of freight transport company Wymap, Jason Troy McKell, told a driver to put the boxes in a truck and not to enter them into the electronic run sheet. Mr… Read more »
An Inmate’s New Sentence Does Not Need to Run Consecutively
By Paul Gregoire and Ugur Nedim On 15 July 2015, inmates Brandon Moussa and Michael De Gruchy were standing in a corridor close to a public phone box at Parklea Correctional Centre. The pair were out of their cells as it was recreation period. Moussa grabbed De Gruchy, pushed him up against the wall and… Read more »
Manslaughter Sentence Reduced as Judge Strayed From the Facts
By Paul Gregoire and Ugur Nedim At around 1 am on 3 August 2013, Allira Holt arrived at Louise Bodeker’s unit on Astoria Circuit in Maroubra to pick up Allira Green, who was about five months pregnant. Green and Bodeker – who’d both been consuming ice – decided they’d both go back to Holt’s place… Read more »
Sentence Reduced as Judge Got the Maximum Penalty Wrong
By Paul Gregoire and Ugur Nedim On 10 November 2016, street-level drug dealer Hayden O’Neill introduced his drug supplier Michael O’Neile to a man who was interested in buying some methamphetamine. Unbeknownst to both dealers, the interested buyer was an undercover police operative. Mr O’Neile supplied the police officer with 13.88 grams of ice with… Read more »
Financial Gain is not an Aggravating Factor in Drug Supply Cases
By Paul Gregoire and Ugur Nedim On 12 May 2014, Huang Enhua negotiated a deal to supply 15 kilograms of ephedrine for a price of $80,000 a kilogram. Unbeknownst to Mr Huang, he’d arranged to supply the $1.2 million worth of the methamphetamine precursor to an undercover police officer. The two men met in a… Read more »