By Paul Gregoire and Ugur Nedim An enforcement application was before Federal Circuit and Family Court Judge Amanda Humphreys on 19 July 2024, which had been filed on behalf of a Ms Mallick on 29 May 2024 and related to final property orders that had been consented to in November 2023. An enforcement hearing takes… Read more »
NSW Courts Articles
The Guideline Judgment on Break and Enter Offences in New South Wales
By Paul Gregoire and Ugur Nedim The NSW Court of Criminal Appeal handed down a guideline judgment in relation to sentencing for break, enter and steal, contrary to section 112(1) of the Crimes Act 1900 (NSW) on 16 December 1999. And this offence then carried 14 years, but these days, makes one liable to 12… Read more »
NSW Police Officer Falsely Accused Man of Making Death Threats, Court Finds
By Paul Gregoire and Ugur Nedim New South Wales police officers attempted to conduct an unlawful strip search on Australian citizen Luke Brett Moore in April 2017, in a van in front of Goulburn’s Hibernian Hotel. But Moore knew his rights and resisted the search. He was then charged with hindering police and convicted in… Read more »
Prior Sexual Experience Is Admissible if a Relationship is Established at Time of Offending
By Paul Gregoire and Ugur Nedim A NSW man referred to as Cook, not his real name, was convicted of 17 child sex offences by the NSW District Court in 2019, with the victim-survivor being his then wife’s niece, who was aged 9 to 11 over the course of the offending said to have occurred… Read more »
The Guideline Judgment on Sentencing Principal and Additional Offences
By Paul Gregoire and Ugur Nedim There are circumstances whereby a defendant pleads guilty to one or more criminal offence, known as the principal offence or offences, but there is an additional offence or offences for which he or she does not formally enter a plea or pleas of guilty, but admits to the offences… Read more »
Guideline Judgment on High Range Drink Driving in NSW
By Paul Gregoire and Ugur Nedim In 2004, then NSW attorney general Bob Debus called on the NSW Court of Criminal Appeal (NSWCCA) to provide a guideline judgment with reference to the offence of driving with a high range of prescribed concentration of alcohol (PCA) in their system, which is commonly referred to as high… Read more »
Guideline Judgments in New South Wales: Enhancing Consistency in Sentencing
During a 2006 speech he gave at the International Society for the Reform of Criminal Law, then NSW Director of Public Prosecutions Nicholas Cowdery addressed the inception and benefits of a relatively new sentencing regime that had recently been established – that being guideline judgements. As he recalled, NSW was heading for a March 1999… Read more »
New South Wales Police Officers and the Offence of Perverting the Course of Justice
By Paul Gregoire and Ugur Nedim A New South Wales police inspector from a specialist command left after an 8-hour-long heavy drinking session with colleagues at a couple of Sydney CBD bars, but instead of spending the night at the hotel he’d checked into, the inspector collected his bags from his room, got in his… Read more »
Fraud Offences Involving the Breach of a Position of Trust Require a Significant Penalty
By Paul Gregoire and Ugur Nedim After having worked at financial planning and investment company Sentinel Wealth for three years, Gavin Fineff became a financial planner in 2013, and by 2019, he was earning a substantial income plus bonuses and had 120 clients. And he’d even acquired a minority financial stake in the business. However,… Read more »
NSW Police Must Speedily Bring Bail-Refused Arrestees Before the Local Court
By Paul Gregoire and Ugur Nedim Callum McLaughlin was arrested by NSW police on 2 May 2020 and taken to Surry Hills police station. And that day’s custody manager, Sergeant Stanton, placed the intoxicated man in a holding cell, due to his state. McLaughlin was then charged at 1 pm with one count of common… Read more »