NSW Courts Articles

Justice Requires Consistency in Punishment

By Paul Gregoire and Ugur Nedim In September 2015, Australian Border Force (ABF) officers examined a consignment from South Korea described as mobile phone cases, which actually contained 275,000 cartons of branded cigarettes. If successful, the smugglers would have avoided paying $290,000 in duty. Under ABF watch, the consignment was permitted to continue on to… Read more »

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Early Guilty Pleas Must Result in Shorter Sentences

by Paul Gregoire and Ugur Nedim Between March and October 2016, Mr Rainer Kristensen conducted sexualised chats over social media with ten girls aged between 11 and 15 years old. The offender knew his behaviour was wrong and he deleted the files containing the explicit exchanges after concluding the chats. Mr Kristensen began chatting with… Read more »

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Supreme Court Grants Bail to Renowned Medicinal Cannabis Doctor

By Paul Gregoire and Ugur Nedim The medicinal benefits of cannabis have become widely accepted in Australia. Indeed, the Turnbull government passed legislation in February 2016, which set up a licensing scheme for “the cultivation and production of cannabis and cannabis resin for medicinal and scientific purposes.” However, the establishment of legalised medicinal cannabis has been… Read more »

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Judges Must Explicitly Consider a Clean Record When Sentencing

By Paul Gregoire and Ugur Nedim Just after 3am on 21 March 2015, Waqar Ul-Hassan was driving Muhammad Ijaz, Hashim Manzoor and Mohammed Aslam back to his place on Merrylands Road, after they’d all spent a night at a friend’s house in Styles Place, Merrylands. The Pakistani national, who was residing in Australia on a… Read more »

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Appeals Court Finds Sentence for Drug Offences to be Manifestly Excessive

By Paul Gregoire and Ugur Nedim On the evening of 26 May 2016, NSW police executed a search warrant at the Westmead home of Shahab Jawosh. During the search, officers seized a range of drugs, including 286 grams of opium, 30 grams of methamphetamine, 0.44 grams of MDMA and 173 grams of cannabis. Police located… Read more »

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Parity in Sentencing: Similar Crimes Should Attract Similar Penalties

By Paul Gregoire and Ugur Nedim Just after midnight on 8 February 2015, Daniel Bezjak pulled up at the front of a house in Dundas Valley in his white Mitsubishi Lancer. James Button, Christopher Menouhos, Dean Horst and an unidentified man got out of the vehicle and made their way towards the property. Brad Harrison… Read more »

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Sydney Lawyer Struck Off for Making False Declarations Regarding Driving Offences

By Paul Gregoire and Ugur Nedim In August 2013, a courier driver sought legal advice from Sydney lawyer Ms Jinhi Kim regarding ten traffic infringement penalty notices he’d received. The pair met, and Ms Kim told her client that she’d write to the State Debt Recovery Office stating he was not the driver. The lawyer… Read more »

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