NSW Courts Articles

Prominent New Zealand Barrister Struck Off the NSW Roll of Lawyers

By Paul Gregoire and Ugur Nedim Going back ten years ago, Christopher Comeskey was New Zealand’s most recognisable criminal defence lawyer. He drove a Porsche, rode a Harley-Davidson, collected antiques and was said to eat salmon five days a week. The barrister rose to fame after negotiating the return of 96 war medals, which were stolen from the… Read more »

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Judges Must Consider a Defendant’s Personal Circumstances When Sentencing

By Paul Gregoire and Ugur Nedim Between May 2014 and January 2015, Tylar John Carter, along with his three co-offenders Jarrod Foley, Corey McLean and Matthew Murray, participated in a criminal group that broke into schools in the middle of the night and stole electronic goods. The group focused on Catholic schools in unpopulated areas… Read more »

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Salim Mehajer’s Lawyer Sister Struck Off for Professional Misconduct

By Paul Gregoire and Ugur Nedim On 22 February 2013, Mr Anthony Elkerton of Dean Willcocks Insolvency Solutions was appointed liquidator of SM Project Developments, which was forced into liquidation by the Australian Tax Office in the month prior due to unpaid bills. The company was co-owned by then Auburn deputy mayor Salim Mehajer, who was recently… Read more »

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Offending While on Parole Does Not Increase a Crime’s Severity

By Paul Gregoire and Ugur Nedim Mouraf Elhassan was asked to keep an eye on the apartment and car of a friend who was traveling overseas in mid-2014. Unbeknownst to Mr Elhassan or his friend, NSW police had the driveway of the apartment under video surveillance. Police subsequently installed an additional camera that was motion… Read more »

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Woman Who Killed Ex Has Manslaughter Conviction Quashed on Appeal

By Paul Gregoire and Ugur Nedim At around 9pm on 13 May 2012, Miguel Silva secretly called the police to report that a man was yelling, screaming and kicking items on Livingstone Road in Marrickville, NSW. Mr Silva didn’t give his name to police, and nor did he mention the man was his sister’s ex-partner…. Read more »

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Courts Cannot Increase Sentences Due to Factors Inherent in the Offence or Unknown to Offenders

By Paul Gregoire and Ugur Nedim Mr Crittenden, a resident of the Newcastle suburb of Merewether, was watching television with his wife on the evening of 1 December 2005, when he noticed the light in his kitchen, which he’d recently switched off, had been turned on. On entering the kitchen to investigate, the 62-year-old found… Read more »

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The Guideline Judgment for Armed Robbery is Not Prescriptive

By Paul Gregoire and Ugur Nedim At around 11:55am on 19 November 2005, Ashley Ronald Legge approached a man withdrawing money from an automatic teller machine in a shopping mall at Castle Hill. Mr Legge placed his arm around the man’s shoulder, leant in and demanded the cash. When the man refused, Legge reached into… Read more »

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Sentence for Drug Supply and Proceeds of Crime Amounted to Double Punishment

By Paul Gregoire and Ugur Nedim After receiving information that one Aaron Edward Hutchinson was involved in the supply of prohibited drugs in the Penrith local area command, police began an investigation in early 2010. An undercover operation was arranged and, in April, Mr Hutchinson supplied an undercover officer with cocaine on three separate occasions…. Read more »

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