NSW Courts Articles

NSW DPP Prosecuting Guidelines Part 3: Charge Negotiations, Vulnerable and Unrepresented Defendants, Judge-Alone Trials, Jury Selection, Retrials, Proceeds of Crime and the Media

By Paul Gregoire and Ugur Nedim In carrying out its operations, the Office of the Director of Public Prosecutions (ODPP) follows the procedures set out in the ODPP Prosecution Guidelines. This article is the final in a series summarising the processes and principles set out in the document, which govern the independent body that prosecutes… Read more »

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NSW DPP Prosecuting Guidelines Part 2: Prosecution’s Duty of Disclosure, Immunities, Informants, Victims of Crime and Vulnerable Witnesses

By Paul Gregoire and Ugur Nedim Having been in operation since July 1987, the Office of the Director of Public Prosecutions (ODPP) is the statutory body that prosecutes those who have committed serious offences against the laws in NSW on behalf of the state and its people. The NSW Director of Public Prosecutions (DPP) is… Read more »

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Are Recordings of Private Conversations Admissible in Court?

By Paul Gregoire and Ugur Nedim On 25 January 2017, an argument broke out between three siblings, who were attending the nursing home where their mother lived. The dispute involved Yvette Court claiming her brother Robert Rathswohl and sister Lisa Davies had left all the care of their elderly parents up to her. Rathswohl and… Read more »

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NSW DPP Prosecuting Guidelines Part 1: DPP’s Role, The Decision to Prosecute, Elections to Take Over Cases and Advising Police

By Paul Gregoire and Ugur Nedim The NSW Office of the Director of Public Prosecutions (ODPP) is this state’s independent prosecuting body. Established under the Director of Public Prosecutions Act 1986 (NSW) (the DPP Act), the ODPP prosecutes serious offences committed against the laws of this state on behalf of its people. The ODPP is… Read more »

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The NSW Local Court Practice Note for Criminal Proceedings Part 3: DV cases, penalty enforcement annulment and the MERIT program

By Paul Gregoire and Ugur Nedim The Local Court Practice Note Crim 1 is a document that sets out how the NSW Local Court organises its proceedings when it comes to trying criminal matters summarily. The practice note was updated on 23 October this year, and this article and those preceding it outline its content…. Read more »

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The NSW Local Court Practice Note for Criminal Proceedings Part 2: Vacating Hearings, AV Links, Mental Illness and Media Recordings

By Paul Gregoire and Ugur Nedim Updated on 23 October 2020, the Local Court Practice Note Crim 1 is a document that details how the NSW Local Court organises proceedings around the hearing of criminal offences that are to be tried summarily. As the first article in the series outlines, this involves dealing with less… Read more »

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The NSW Local Court Practice Note for Criminal Proceedings Part 1: Summary, Table and Commonwealth Procedures, Mentions and Notices of Appearance

By Paul Gregoire and Ugur Nedim. A practice note is a guide produced by a court to set out how it manages its cases and the procedures that apply. The Local Court Practice Note Crim 1 is the document setting out criminal case management within the NSW Local Court. And it was updated on 23… Read more »

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New Laws Relating to Offences Against Pregnant Women in NSW

By Paul Gregoire and Ugur Nedim The decade-long debate in NSW around foetal personhood laws continues as NSW premier Gladys Berejiklian and attorney general Mark Speakman have released exposure draft legislation seeking to establish a circumstance of aggravation for criminal offences perpetrated against pregnant women. Released on 10 November, the draft Crimes Legislation (Offences Against… Read more »

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NSW Drug Supply Offences, Deemed Supply and the Overturning of the Clark Principle

By Paul Gregoire and Ugur Nedim Alleged leader of a southwest Sydney dial-a-cocaine ring Sarah Rutherford was released on bail on 13 May this year, after being remanded in prison for close to three months, following a late February raid on her Greenacre home, which turned up the illicit substance and drug paraphernalia. The 30-year-old… Read more »

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