By Paul Gregoire and Ugur Nedim Former Auckland barrister Minkai Huang was struck off the New Zealand roll of solicitors and barristers on 26 November 2014, when the NZ Lawyers and Conveyancers Disciplinary Tribunal found him unfit to practice due to a conviction for theft. On 14 October 2013, Mr Huang pleaded guilty to stealing $9,475,… Read more »
NSW Courts Articles
Sentencing Judge’s Must Act on Evidence, Not Assumptions
By Paul Gregoire and Ugur Nedim On 19 February 2015, the owner of the Bungwahl Liquor and General Store mistakenly received a package of 12 bottles of wine from the Netherlands. The owner assumed the wine was for him, so he opened the box and took one of the bottles. Two days later, the bottle… Read more »
Residential Rehabilitation Should Partly Count Towards Prison Sentence
By Paul Gregoire and Ugur Nedim At around 1.30 pm on 19 August 2015, Visheshwarajan Reddy was driving his utility in a southerly direction down the Hume Highway close to the Southern Tablelands town of Marulan. The driver was travelling from the Sydney suburb of Leppington to Canberra to visit his children. Five witnesses described… Read more »
If Doubt is Cast, the Conviction Cannot Last
By Paul Gregoire and Ugur Nedim At around 9pm on 28 April 2016, Mr Afzal, a shop assistant at the Mini Mart on Victoria Road in Potts Point (pictured) was sitting on a crate out the front of the store smoking a cigarette, when he saw two men wearing face masks approach from across the… Read more »
Sydney Lawyer Struck Off for “One of the Worst Examples of Professional Misconduct”
By Paul Gregoire and Ugur Nedim In May 2014, a client referred to as ‘Ms N’ instructed Sydney lawyer Mr Tien Ngoc Do to act on her behalf for the purchase of an interest in a property, the balance of which she already owned. No purchase price had been set at the time. Ms N… Read more »
Justice Requires Consistency in Punishment
By Paul Gregoire and Ugur Nedim In September 2015, Australian Border Force (ABF) officers examined a consignment from South Korea described as mobile phone cases, which actually contained 275,000 cartons of branded cigarettes. If successful, the smugglers would have avoided paying $290,000 in duty. Under ABF watch, the consignment was permitted to continue on to… Read more »
Early Guilty Pleas Must Result in Shorter Sentences
by Paul Gregoire and Ugur Nedim Between March and October 2016, Mr Rainer Kristensen conducted sexualised chats over social media with ten girls aged between 11 and 15 years old. The offender knew his behaviour was wrong and he deleted the files containing the explicit exchanges after concluding the chats. Mr Kristensen began chatting with… Read more »
Supreme Court Grants Bail to Renowned Medicinal Cannabis Doctor
By Paul Gregoire and Ugur Nedim The medicinal benefits of cannabis have become widely accepted in Australia. Indeed, the Turnbull government passed legislation in February 2016, which set up a licensing scheme for “the cultivation and production of cannabis and cannabis resin for medicinal and scientific purposes.” However, the establishment of legalised medicinal cannabis has been… Read more »
Judges Must Explicitly Consider a Clean Record When Sentencing
By Paul Gregoire and Ugur Nedim Just after 3am on 21 March 2015, Waqar Ul-Hassan was driving Muhammad Ijaz, Hashim Manzoor and Mohammed Aslam back to his place on Merrylands Road, after they’d all spent a night at a friend’s house in Styles Place, Merrylands. The Pakistani national, who was residing in Australia on a… Read more »
Appeals Court Finds Sentence for Drug Offences to be Manifestly Excessive
By Paul Gregoire and Ugur Nedim On the evening of 26 May 2016, NSW police executed a search warrant at the Westmead home of Shahab Jawosh. During the search, officers seized a range of drugs, including 286 grams of opium, 30 grams of methamphetamine, 0.44 grams of MDMA and 173 grams of cannabis. Police located… Read more »