NSW Courts Articles

Abuse of Trust: A Significant Aggravating Factor in Indecent Assaults

By Paul Gregoire and Ugur Nedim Between 23 April and 12 June 2014, Central coast physiotherapist Youngjin Jung indecently assaulted seven patients at his Ocean Beach Rd practice in Umina. Over that time, Mr Jung carried out twelve inappropriate acts upon clients with “no professional justification” for doing so. On several occasions, Mr Jung exposed… Read more »

Continue reading >>

Consenting to an Unlawful Search Will Make it Legal

By Paul Gregoire and Ugur Nedim NSW police don’t have the power to randomly search people’s vehicles. If an officer does search a vehicle, they must have a suspicion on reasonable grounds for doing so. The police powers to stop and search people and their vehicles without a warrant are contained in the Law Enforcement… Read more »

Continue reading >>

Repeated Unprotected Sex Does Not Prove Deliberate HIV Transmission

By Paul Gregoire and Ugur Nedim On New Year’s Eve 2006, Godfrey Zaburoni met a woman on the Gold Coast and the pair began a sexual relationship a few weeks later that lasted 21 months. Before the relationship began, the woman asked Zaburoni whether he’d been tested for HIV, to which Zaburoni replied that he… Read more »

Continue reading >>

Not Guilty of Animal Cruelty Due to Mental Illness

By Paul Gregoire and Ugur Nedim NSW police arrested Brendan Francis McMahon in August 2005 and charged him with animal cruelty offences arising from the mutilation of seventeen rabbits and a guinea pig. The carcases of the animals were found strewn around Sydney CBD laneways close to wear Mr McMahon ran a financial planning business… Read more »

Continue reading >>

Court Decides Whether Drug-Induced Rage Reduces Sentence

By Paul Gregoire and Ugur Nedim On the evening of 6 September 2014, Zhen Fang stabbed his friend Ting Huang to death, in a frenzied attack whereby he inflicted 20 wounds to the victim’s head, neck, trunk and upper extremities. The two work colleagues had been drinking beer and smoking a substantial amount of ice… Read more »

Continue reading >>

Drug Dealing Does Not Necessarily Warrant Imprisonment

By Paul Gregoire and Ugur Nedim Last week, the NSW Court of Criminal Appeal (NSWCCA) determined that a precedent followed by the state’s courts had become a “judicially imposed constraint”. That rule stated that a person convicted of a substantial drug supply must be sentenced to full time imprisonment unless there were ‘exceptional circumstances’. Over… Read more »

Continue reading >>