By Paul Gregoire and Ugur Nedim New South Wales police officers attended the residence of Jason Fear on 3 August 2021 to conduct a routine inspection under the Child Protection (Offenders Registration) Act 2000 (NSW), which establishes the NSW Child Protection Register that lists former inmates who’ve offended against children in a sexual or other… Read more »
NSW Courts Articles
NSW Guideline Judgment on Drug Importation Struck Down by High Court of Australia
By Paul Gregoire and Ugur Nedim In a 1999 Crown appeal hearing against the leniency of sentences imposed upon Nelson Tak Fat Wong and Jackie Kai Chu Leung in relation to import/possess a prohibited item, namely heroin, under since repealed section 233B of the Customs Act 1901 (Cth), the Commonwealth Director of Public Prosecutions requested… Read more »
Aggravated Domestic Violence Offences and Preventative Orders Introduced in NSW
By Paul Gregoire and Ugur Nedim Having passed through both houses of NSW state parliament on 24 September 2024, the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 is the NSW state government response to the “preventable” murder of Molly Ticehurst at the hands of her ex-partner in April of this year…. Read more »
The Guideline Judgment on Armed Robbery Offences in New South Wales
By Paul Gregoire and Ugur Nedim The offence of armed robbery is relatively rare in New South Wales, when compared to offences such as assaults not involving larceny or stealing, drug offences and major traffic offences. But at the end of last century, there had been a rise in such incidents, and as the NSW… Read more »
The Reformulated Guideline Judgment on Dangerous Driving Occasioning GBH or Death
By Paul Gregoire and Ugur Nedim Then NSW Chief Justice James Spigelman announced in 1998, that the NSW Court of Criminal Appeal would commence handing down guideline judgments relating to specific crimes to ensure consistency in sentencing. And guideline judgments would act as an indication for NSW judges and magistrates and not a prescription on… Read more »
Lawyer Caught Out Submitting AI Generated List of Fabricated Cases to Court
By Paul Gregoire and Ugur Nedim An enforcement application was before Federal Circuit and Family Court Judge Amanda Humphreys on 19 July 2024, which had been filed on behalf of a Ms Mallick on 29 May 2024 and related to final property orders that had been consented to in November 2023. An enforcement hearing takes… Read more »
The Guideline Judgment on Break and Enter Offences in New South Wales
By Paul Gregoire and Ugur Nedim The NSW Court of Criminal Appeal handed down a guideline judgment in relation to sentencing for break, enter and steal, contrary to section 112(1) of the Crimes Act 1900 (NSW) on 16 December 1999. And this offence then carried 14 years, but these days, makes one liable to 12… Read more »
NSW Police Officer Falsely Accused Man of Making Death Threats, Court Finds
By Paul Gregoire and Ugur Nedim New South Wales police officers attempted to conduct an unlawful strip search on Australian citizen Luke Brett Moore in April 2017, in a van in front of Goulburn’s Hibernian Hotel. But Moore knew his rights and resisted the search. He was then charged with hindering police and convicted in… Read more »
Prior Sexual Experience Is Admissible if a Relationship is Established at Time of Offending
By Paul Gregoire and Ugur Nedim A NSW man referred to as Cook, not his real name, was convicted of 17 child sex offences by the NSW District Court in 2019, with the victim-survivor being his then wife’s niece, who was aged 9 to 11 over the course of the offending said to have occurred… Read more »
The Guideline Judgment on Sentencing Principal and Additional Offences
By Paul Gregoire and Ugur Nedim There are circumstances whereby a defendant pleads guilty to one or more criminal offence, known as the principal offence or offences, but there is an additional offence or offences for which he or she does not formally enter a plea or pleas of guilty, but admits to the offences… Read more »