NSW Courts Articles

NSW Considers Banning the Public Display of Nazi Symbols

By Paul Gregoire and Ugur Nedim Any suggested government-imposed prohibition on the public display of a particular symbol is likely to provoke responses opposing the proposition as being yet another expression of Australia’s increasing authoritarian drift. However, according to NSW shadow counterterrorism minister Walt Secord, the proposal he recently tabled in his private members bill,… Read more »

Continue reading >>

NSW Law Society and Bar Association tell Police Minister to Stop Spreading Misinformation about Bail

By Paul Gregoire and Ugur Nedim Right now, those profiteering from the NSW prison boom must be rubbing their hands together with glee, as both major parties have stated that a number of recent bail decisions are reason to consider strengthening state bail laws, despite 2014 reforms having flooded facilities with remandees. The recent spat… Read more »

Continue reading >>

COVID-19: Courts Consider the Risk of Infection When Determining the Appropriate Sentence

By Paul Gregoire and Ugur Nedim. Storm Leigh Zerafa said he didn’t “give a fuck” and he would shoot the baby, as he stood on a fence brandishing a black gel blaster pistol outside his alleged drug dealer’s house in the southern NSW town of Sanctuary Point at around 2.30 am on 23 July 2020…. Read more »

Continue reading >>

Personal Factors Cannot Affect the Objective Seriousness of an Offence

By Paul Gregoire and Ugur Nedim Moustaffa Zreika was driving a 6.5 tonne Hino Tipper truck down Burnett Street in Sydney’s Merrylands on 22 July 2017, when the vehicle crossed the double lines down the centre of the road, whilst attempting a slight left-hand bend. The truck sideswiped an oncoming car and then continued down… Read more »

Continue reading >>

Sentencing Courts Cannot Draw Adverse Inferences From a Defendant’s Decision Not to Testify

By Paul Gregoire and Ugur Nedim After being found unconscious at his mother’s Biggera Waters home on the Queensland Gold Coast, 4-year-old Tyrell Cobb passed away in hospital on 24 May 2009. The child died as a result of two abdominal injuries caused by blunt force trauma, which occurred within 48 hours of his death…. Read more »

Continue reading >>

A Prosecutor’s Duty of Disclosure in the NSW Local Court

Legal Aid NSW solicitor Tim McKenzie emailed Wollongong police senior sergeant Ryan on 4 April 2019 to remind the most senior police prosecutor at the local station about the duty of disclosure requirements that prosecutors in NSW Local Courts must adhere to. The prosecution in general must follow a duty of disclosure when undertaking a… Read more »

Continue reading >>