NSW Courts Articles

Jarryd Hayne’s Successful Sexual Assault Appeal: The Reasoning Behind the Judgment

by Paul Gregoire and Ugur Nedim Former Rugby League football star Jarryd Hayne stood trial three times in the District Court of New South Wales accused of sexual assault offences alleged to have been committed in 2018. After the first jury was ‘hung’, meaning it could not reach a verdict, he was twice found guilty,… Read more »

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Historical Sexual Assault: The Laws at the Time of the Alleged Conduct Apply

By Paul Gregoire and Ugur Nedim When the 10-year-old boy entered Year 5 at a New South Wales Catholic primary school in 1977, there would have been some level of familiarity between him and his teacher, Gaye Grant, as she knew his family outside of teaching at the educational institution she’d been working at since… Read more »

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Inadmissible Hearsay Evidence Must Not Be Allowed Before Jury, Despite Absence of Challenge

By Paul Gregoire and Ugur Nedim Jason Adams was staying at Nikita Hanson’s Raymond Terrace house on 28 February 2020, as a condition of bail, when the situation deteriorated to the point that Lily Ridgeway and two male friends arrived to assist her with evicting the man on conditional release. After being thrown out, Adams… Read more »

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Domestic Violence Bail Amendments: A Kneejerk Reaction to a Far Deeper Social Problem

By Paul Gregoire and Ugur Nedim New South Wales police officers found the body of Molly Ticehurst in the town of Forbes on 22 April this year, before taking her former partner Daniel Billings into custody and charging him with the offence of murder, which he allegedly committed whilst out on bail in relation to… Read more »

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Money Laundering: Government Requires Professionals to Report Suspicious Activities of Clients

The last two decades has seen numerous pieces of anti-money laundering and proceeds of crime legislation enacted by the federal parliament, as well as state and territory legislatures across the nation. These laws are ostensibly aimed at preventing the financial proceeds of criminal activity being ‘laundered’, meaning used to fund investments in assets such as… Read more »

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NSW Court Shows Leniency to White Australian Who Repeatedly Advocated Terrorism Offences

By Paul Gregoire and Ugur Nedim Far-right extremist Wade John Homewood was arrested by New South Wales police officers in November 2021, over numerous social media posts to his two accounts, which advocated extreme violence and included suggestions to execute prominent political figures, as well as the murder of all nonwhite peoples. The thousands of… Read more »

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The Criminal Offence of Engaging in a Terrorist Act in Australia

By Paul Gregoire and Ugur Nedim New South Wales Police News reported last Thursday that a 16-year-old boy had been charged with a terrorism offence, “following an investigation by the Joint Counter Terrorism Team Sydney into an alleged stabbing at a Sydney church”. This relates the stabbing of an priest in the western Sydney suburb… Read more »

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NSW District Court Cannot Hear Appeals Limited to Local Court’s Refusal to Order Costs

By Paul Gregoire and Ugur Nedim Natalia Mikhaylova faced a Local Court defended hearing over two counts of common assault, which is an offence under section 61 of the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years in prison. The charges were dismissed by the NSW Local Court in November 2023, as… Read more »

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Categories of Practising Law in New South Wales: The Legal Practice Matrix

By Paul Gregoire and Ugur Nedim Both coming into effect on 1 July 2015, the Legal Profession Uniform Law (NSW) (the Uniform Law) and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the Conduct Rules), establish the rules that regulate the conduct of lawyers in New South Wales, over and above the responsibilities… Read more »

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Sentencing in NSW: The Three Stage Process When Considering Imprisonment

By Paul Gregoire and Ugur Nedim Sometime after 8 pm on 15 January 2022, the then 14-year-old Thomas entered the kitchen, where his mother SJ was making him dinner and his then 51-year-old stepfather SR was also present, with the older couple having recently returned from a six-hour-long celebratory lunch and drinks.  SR commenced calling… Read more »

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