NSW Courts Articles

The Defence Is Entitled to All Sufficiently Relevant Material, Including in Sexual Offence Cases

By Paul Gregoire and Ugur Nedim After the New South Wales police commissioner refused to produce materials relating to the 2025 arrest of a NSW man charged with offences relating to the sexual abuse of his daughter, which had been requested by the man’s father, who is himself facing child abuse material offences, the NSW… Read more »

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Circumstantial Cases: Prosecution Must Prove There Is No Reasonable Hypothesis Other Than Guilt

By Paul Gregoire and Ugur Nedim Mahamad Haouchar was found guilty in respect of six firearm and drug offences in 2025. However, last week the man from the southwestern Sydney suburb of Yagoona successfully appealed his convictions to the New South Wales Court of Criminal Appeal (NSWCCA), as it was found the circumstantial evidence relied… Read more »

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The Offence of Drug Importation Requires Proof of Two Mental Fault Elements

In delivering its 12 August 2026 ruling on The King versus Ko, the majority of the High Court dismissed the Crown appeal against the August 2025 decision of the New South Wales Court of Criminal Appeal to quash the drug importation conviction against Tsz Cheung Herman Ko, as the trial judge failed to direct the… Read more »

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The Proposed NSW Organised Crime Laws Explained

By Paul Gregoire and Ugur Nedim The New South Wales Labor government just introduced a further piece of legislation on Thursday, 6 August 2026, that serves to strengthen existing NSW legislative regimes that target the work of organised crime. The previous Coalition government commenced this process in 2022, and the last reforms related to it… Read more »

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An Outline of the Proposed New Organised and Gang-Related Crime Laws in NSW

By Paul Gregoire and Ugur Nedim The New South Wales Labor government has continued its ongoing legislative crackdown targeting organised and gang-related crime, with further measures aimed at emerging criminal trends being facilitated by newly developing technologies, along with a swag of reforms that enhance preexisting regimes tackling organised crime that were progressed by the… Read more »

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Woman Charged Over Alleged $3 Million Drug Syndicate

A 59-year-old woman is facing court over her alleged involvement in a $3 million drug manufacturing and supply operation in the Port Stephens region. Her arrest follows an investigation by Strike Force Korpisalo, which was established by the New South Wales State Crime Command Drug and Firearms Squad in March 2026 to investigate the alleged… Read more »

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The NSW Doli Incapax Legislative Framework and Related Youth Offender Amendments  

By Paul Gregoire and Ugur Nedim The law in New South Wales has long provided that a child aged under 10 years old cannot be criminally responsible for a crime. And since 1 March 2026, the legislative framework in our state has recognised the legal principle of doli incapax, which presumes that children aged at… Read more »

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NSW Police Power to Randomly Scan People for Knives Is to be Made Permanent

By Paul Gregoire and Ugur Nedim The New South Wales Minns government introduced a bill on the last sitting day of parliament prior to the 2026 winter recess that seeks to make permanent the 2024 legislated trialling of wanding laws, or powers that allow NSW police officers to run metal detectors randomly over civilians within… Read more »

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The NSW Medicinal Cannabis Driving Defence Explained

By Paul Gregoire and Ugur Nedim New South Wales government legislation that would establish a defence for medicinal cannabis drivers who test positive for driving with tetrahydrocannabinol, or THC, the psychoactive part of the drug, in their system, has been tabled in parliament, as despite it being a legally prescribed drug for a decade now,… Read more »

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Judge Removed from Drug Trial Pending Inquiry into Allegations of Past Evidence Fabrication

The New South Wales Criminal Court of Appeal (NSWCCA) ordered that Acting NSW District Court Judge James Bennett be removed from presiding over the trial of Michael Bechara, after the defendant appealed the judge’s decision to refusal his recusal order, which is an order that the judge remove himself from the case, based on the… Read more »

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