NSW Courts Articles

Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

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Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »

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The Carey Defence: Temporary Drug Possession Doesn’t Amount to Supply

By Paul Gregoire and Ugur Nedim At around 2.30 am on 3 October 2008, police pulled over Dwayne Schirmer, who was driving a red Nissan Exa along the Midlands Highway near Glen Innes. After blowing negative on a breathalyser test, Schirmer admitted that he had a small amount of cannabis in the glovebox. The officers… Read more »

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A Drug Dog Indication Isn’t Sufficient to Justify a Search

These days, spotting police officers accompanied by a sniffer dog when leaving a train station, leads Sydneysiders to hardly blink an eyelid. Though some commuters will curse under their breath about the incursion upon their civil liberties the warrantless use of drug dogs in public involves. While others will stop and take a photo of… Read more »

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NSW Serious Crime Prevention Orders Are Lawful, High Court Rules

By Paul Gregoire and Ugur Nedim On 5 October last year, NSW police commissioner Mick Fuller commenced civil proceedings in the NSW Supreme Court seeking to have serious crime prevention orders (SCP0s) imposed upon alleged Rebel motorcycle gang members Damien Charles Vella, Johnny Lee Vella, and Michael Fetui. The orders sought to restrain and prohibit… Read more »

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Section 32 Mental Health Applications Require a Treatment Provider and Plan to be Specified

By Paul Gregoire and Ugur Nedim As Keith Saunders was walking down a street in Surry Hills on 27 February 2016, he spat in the face of a baby being pushed along in a pram by her grandmother. The man spat a sizeable amount of phlegm into the 3-month-old infants’ face, for apparently no reason…. Read more »

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