NSW Courts Articles

Sentencing Judges Must Make Clear That Mitigating Factors Were Considered

By Paul Gregoire and Ugur Nedim On 28 October 2022, Abbrar Abbas arrived at Sydney Airport, after two days in Fiji. On collecting his baggage and presenting his incoming passenger card to an Australian Border Force officer, the International student was taken to a baggage examination area, and a bottle of yellow liquid was found… Read more »

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The Fact an Offence Reduces the Likelihood of Parole is a Mitigating Factor on Sentence

By Paul Gregoire and Ugur Nedim Fayez Hatahet travelled to Syria on an Air Jordan flight on 25 September 2012, as he was attempting to secure the release of his brother-in-law, whom he believed was being held by an armed group in that country. However, on arrival, Hatahet went on to engage in hostile activities… Read more »

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Past Offending is Irrelevant When Assessing the Objective Seriousness of a Crime

By Paul Gregoire and Ugur Nedim Over 20 January 2021 to 16 June 2022, NSW woman Rania Bazzi perpetrated a string of offences that Justice Richard Button of the NSW Court of Criminal Appeal (NSWCCA) went on to describe as crimes that were not “of the utmost gravity”, but the nine offences she plead guilty… Read more »

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NSW Chief Justice Issues Guidance on Use of Generative Artificial Intelligence in Court

By Paul Gregoire and Ugur Nedim Generative artificial intelligence, or Gen AI, is part of the broader AI computer science, which is geared to machine learning and problem-solving, and it focuses on the creation of new content, which can include visual images, audio or text. And there are a number of well-known platforms that can… Read more »

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Being a Victim of Domestic Violence Can Amount to a Mitigating Factor on Sentence

By Paul Gregoire and Ugur Nedim Rebecca Payne made a second batch of biscuits on 1 September 2020, after acquiring a new recipe from a friend a few days prior, except this time, she laced the icing on one of the biscuits with several crushed temazepam pills she’d been prescribed for insomnia and fed it… Read more »

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Toughening of Bail and Discrepancies in Decision-Making Contribute to Rise in Prison Population

By Paul Gregoire and Ugur Nedim The Bureau of Crime Statistics and Research (BOCSAR) has released a number of reports in recent years explaining some of the reasons behind the explosion of people being held on remand in New South Wales. These reasons may be seen as primarily related to the systematic strengthening of bail… Read more »

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Conditions Imposed on Former Immigration Detainees are Unlawful, High Court Rules

By Paul Gregoire and Ugur Nedim The High Court of Australia found on 6 November 2024 that the imposition of curfews and electronic monitoring that the Australian executive government had legislated as warranted in regard to some of a cohort of former immigration detainees released since November 2023 is illegal, as applying these punitive measures… Read more »

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