NSW Courts Articles

Sentence for Commercial Drug Supply Slashed Due to Subjective Factors

By Paul Gregoire and Ugur Nedim On 30 December 2011, Canadian authorities detected the secretion of various illegal drugs within a commercial oven, which was set to be flown to Sydney and delivered to an Italian restaurant in the NSW Central Coast town of The Entrance. The illicit substances were removed from the oven, and… Read more »

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Prasad Directions: When the Judge Directs the Jury They Can Return a Not Guilty Verdict

By Paul Gregoire and Ugur Nedim In Australian criminal trials, the Crown (or prosecution) presents its case first – calling its witnesses to testify one at a time. Those witnesses give ‘evidence in chief’ for the prosecution before they are subjected to cross-examination by the defence. After all of the prosecution witnesses have finished testifying,… Read more »

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The ‘Ceiling Principle’ in NSW Appeals Cases

By Paul Gregoire and Ugur Nedim Just after midnight on 2 September 1991, Paul Darcey Armstrong met Filipe Flores at the Exchange Hotel on Oxford Street in Sydney’s Darlinghurst. The pair left the nightclub, and Armstrong drove Flores to Lincoln Crescent in Waterloo. Mr Armstrong then performed oral sex on the 27-year-old Ecuadorian man at… Read more »

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Breaching a Suspended Sentence Doesn’t Necessarily Mean Prison Time

By Paul Gregoire and Ugur Nedim NSW police executed a search warrant at the Woolloomooloo residence of Rachel Jaia Lambert on 29 December 2011. In the apartment, officers found 456 MDMA (‘ecstacy’) tablets, a quantity of cannabis and several items indicating drug supply, including scales and small resealable plastic bags. The total value of the… Read more »

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Drugs Being Found in a Common Area is Not Enough to Prove Possession

By Paul Gregoire and Ugur Nedim On 22 March 1978, NSW police detective Watson introduced himself to Edward Paul Filippetti and his mother at Port Kembla Courthouse. The detective explained that he had received information about Mr Filippetti having a large number of “buddha sticks” concealed at his Lake Heights house. Buddha sticks are often made… Read more »

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Driver Acquitted Despite Drugs Being Found in Car

By Paul Gregoire and Ugur Nedim At around 9.30 one morning, NSW police officers were at a flat on Murray Street in Port Macquarie investigating an incident, when the phone rang. An officer answered and told the caller the occupant wasn’t home. The caller rang again two minutes later. This time, the officer recognised the… Read more »

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