NSW Courts Articles

An Outline of the NSW Review of Doli Incapax Findings and Recommendations

By Paul Gregoire and Ugur Nedim The principle of doli incapax is a common law presumption in NSW that considers children under 14 years of age lack the capacity to be criminally responsible for their acts. A review of the operation of doli incapax in NSW was launched by state attorney general Michael Daley in… Read more »

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Court Orders Legal Costs in Favour of Man Malicious Prosecuted by NSW Police

By Paul Gregoire and Ugur Nedim Justice Richard Cavanagh handed down the 12 September 2025 judgement in a civil suit to award plaintiff Luke Brett Moore $456,160 and also ordered  that the defendant, the state of New South Wales, pay his legal costs in the case that involved New South Wales police having falsely imprisoning… Read more »

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An Outline of the Proposed Human Rights Act for New South Wales

NSW Greens MP for Newtown Jenny Leong introduced her Human Rights Bill 2025 on Thursday, 23 October, and the understanding is that this legislation is appearing before NSW parliament at a time when the constituency is experiencing “the burden of divisions” both “local and global”, and the establishment of rights for all citizens and residents,… Read more »

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Supreme Court Strikes Down Law Empowering Police to Move-On Protesters at Places of Worship

By Paul Gregoire and Ugur Nedim Palestine Action Group organiser Josh Lees filed a claim in the Supreme Court of New South Wales on 17 March 2025, seeking a declaration that a law empowering police to issue move on directions near a place of worship in NSW infringed upon the implied right to political communication… Read more »

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Court Ruling Rejecting the Right of Pro-Palestine Organisers to March on the Opera House

By Paul Gregoire and Ugur Nedim The NSW Police Force announced on 3 October 2025 that it would be challenging the notification of a public protest lodged by Palestine Action Group, which sought to hold a public rally calling for an end to the Gaza genocide two years after it commenced, as the agency cited… Read more »

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Sentence Reduced as Judge Failed to Inform the Defence He Rejected a Psychological Assessment

By Paul Gregoire and Ugur Nedim New South Wales police officers executed a search warrant upon a premises and vehicle in the southern Sydney suburb of Carlton that belonged to Alexandre Da Silva on 29 September 2022. Da Silva was under police observation, when he drove to a western Sydney suburb to pick up a… Read more »

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Sexual Assault Appeal Succeeds After Juror Misconduct and Exposure to Inadmissible Material

By Paul Gregoire and Ugur Nedim Mark Seo had been in a relationship with a woman for three years when it ended in March 2020. At that time, Seo was living in Western Australia. The man’s ex-partner then complained to him via text message in late 2020, when she became aware he’d been asking her… Read more »

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NSW Parliament Broadens the Reach of Child Sexual Offences

The New South Wales parliament has passed legislation which expands the scope of child sexual offences, child abuse material offences and female genital mutilation offences, as well as enables the conviction of a person for sexual offences and interfering with a corpse where it is uncertain as to whether the victim was alive or deceased… Read more »

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Sentence Reduced as Judge Failed to Find that Immediate Admissions Count as Assistance to Police

By Paul Gregoire and Ugur Nedim Joshua Dennis approached the reception counter at the Adina Apartments in Wollongong at 3.05 am on 30 August 2022, and he commenced conversing with night manager Amos Baker. After a few minutes of speaking, however, 40-year-old Dennis then walked around to the other side of the counter and punched… Read more »

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Attempted Murder Sentence Reduced as Judge Misapplied Principle of Totality

By Paul Gregoire and Ugur Nedim A member of the Sydney Hamzy crime family asked a 23-year-old male individual that he’d befriended in early 2021, to partner up with a second person to kill members of the Alameddine criminal network. Four people were on the hitlist. The payment was $2 million for one killed, and… Read more »

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