NSW Courts Articles

A Rundown of the UK High Court Decision to Greenlight Assange’s US Extradition

The UK High Court of Justice ruled on 10 December last year, that the decision not to permit the extradition of Australian journalist Julian Assange, handed down by District Court Judge Vanessa Baraitser on 4 January 2021, be overturned. Lord Chief Justice Ian Burnett and Lord Justice Timothy Holroyd made the decision based on two… Read more »

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Commonwealth Drug Offences in Australia: Drug Importation and Beyond

By Paul Gregoire and Ugur Nedim PM Scott Morrison, home affairs minister Karen Andrews and AFP commissioner Reece Kershaw lined up before the press last June, to announce the success of the transnational drug crime investigation known locally as Operation Ironside. Spruiked as the “most significant operation in policing history”, Ironside had, at that time, resulted in… Read more »

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Drug Importation Sentence Reduced, as Mitigating Factors Given Insufficient Weight

By Paul Gregoire and Ugur Nedim Cassidy Spinks commenced using drugs in his last year at a high school, as his girlfriend was using them. Eighteen months later, in late 2019, Spinks, who was regularly using MDMA by then, organised the purchase of some drugs online for himself and four friends with the aim of… Read more »

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Court Dismisses Man’s Appeal to be Released After Serving His Sentence

By Paul Gregoire and Ugur Nedim Written on the outside of two envelopes Christopher Hardy hand delivered to the Charlestown office of NSW Labor MP Jodie Harrison on 3 March 2017 was a message that read, “To the Minister, You are in TREASON, you will be hung until you are dead, No Mercy, No Prisoners, You… Read more »

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Sentence Reduced as Judge Overstated the Objective Seriousness of the Offence

By Paul Gregoire and Ugur Nedim At around 9.50 pm on 24 June 2017, Jayden Mason was forcibly ejected from the Wyong Leagues Club for being drunk and disorderly. On his way out of the premises, the 21-year-old commenced threatening staff, and as he walked down Lake Haven Drive, he continued this same behaviour with… Read more »

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Reductions in Penalties for Driving Whilst Suspended or Disqualified Have Not Increased Offending

By Paul Gregoire and Ugur Nedim A 2013 NSW parliamentary report into the laws then applying to unauthorised driving found that cases were clogging up the NSW Local Court, penalties were disproportionately steep with no discretion to curb their severity, and their impact was causing havoc within the community. In response, the Berejiklian government passed… Read more »

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NSW Considers Banning the Public Display of Nazi Symbols

By Paul Gregoire and Ugur Nedim Any suggested government-imposed prohibition on the public display of a particular symbol is likely to provoke responses opposing the proposition as being yet another expression of Australia’s increasing authoritarian drift. However, according to NSW shadow counterterrorism minister Walt Secord, the proposal he recently tabled in his private members bill,… Read more »

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NSW Law Society and Bar Association tell Police Minister to Stop Spreading Misinformation about Bail

By Paul Gregoire and Ugur Nedim Right now, those profiteering from the NSW prison boom must be rubbing their hands together with glee, as both major parties have stated that a number of recent bail decisions are reason to consider strengthening state bail laws, despite 2014 reforms having flooded facilities with remandees. The recent spat… Read more »

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COVID-19: Courts Consider the Risk of Infection When Determining the Appropriate Sentence

By Paul Gregoire and Ugur Nedim. Storm Leigh Zerafa said he didn’t “give a fuck” and he would shoot the baby, as he stood on a fence brandishing a black gel blaster pistol outside his alleged drug dealer’s house in the southern NSW town of Sanctuary Point at around 2.30 am on 23 July 2020…. Read more »

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