NSW Courts Articles

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 »

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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 »

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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 »

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Jury Duty: Stressful and Difficult for Most

Hundreds of thousands of Australians are summonsed for jury service each year. It is an important civic duty which is vital to the administration of our criminal justice system. But research suggests that for most who are empanelled, the experience can be stressful and even cause lasting trauma. Juror Stress According to Paula Agor, director… Read more »

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Judge Gets Maximum Penalty Wrong

By Paul Gregoire and Ugur Nedim Between March and June 2014, Matthew “Fatty” Stapleton was under investigation by the NSW police for mid-level supply of methamphetamine. Officers were granted the power to conduct a controlled operation, and recordings suggested that Mr Stapleton and Shane Mooney were associates. On 16 May 2014, Stapleton contacted an undercover officer and… Read more »

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Assailant Attempts to Use Facebook Photos to Reduce Sentence

Paul Gregoire and Ugur Nedim On 23 May 2012, Ahmad Bajouri was having a few drinks with his mates Abdul Hamze, Fadi Arnaout and Mohammad Masri in the poker machine area of the Collingwood Hotel in Liverpool. The four men were heavily intoxicated. At around 11 pm, another patron George Sermetovski went over to the bar… Read more »

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The Evolution of the NSW Judiciary

By Paul Gregoire and Ugur Nedim In April 1787, the British parliament passed the New South Wales Courts Act, which created a court of criminal judicature in the soon-to-be founded penal colony on the eastern coast of NSW. The Act provided that the court was for “the trial and punishment” of “outrages and misbehaviours” deemed “to be treason… Read more »

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