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 »
Posts By: NSW Courts
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 »
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 »
Prosecution Must Put Its Case ‘Fully and Fairly’, High Court Rules
By Paul Gregoire and Ugur Nedim On 18 June 2016, Van Dung Nguyen was attending a party in the Northern Territory town of Palmerston. And at one point, he and another attendee, Muoi Nguyen, got into a verbal exchange about the latter’s refusal to follow the rules of a singing game. Muoi claims that outside… Read more »
NSW Lawyer Struck Off for Misappropriating Trust Money
By Paul Gregoire and Ugur Nedim According to section 302(1)(f) of the Legal Profession Uniform Law (NSW), if a lawyer is found guilty of “unsatisfactory professional conduct or professional misconduct”, the NSW Civil and Administrative Tribunal (NCAT) can recommend that their name be removed from the roll of lawyers. The NSW Supreme Court maintains the… Read more »
The Rules of The Children’s Court in NSW
Police have charged a 14-year old girl with murder after alleged killing in Northern New South Wales. The teenager, who cannot be named for legal reasons, did not apply for bail and will remain in custody until at least September when her case will be held in the Tamworth Children’s Court. The teenager was charged… Read more »
The Crime of Attempted Murder in New South Wales
By Paul Gregoire and Ugur Nedim At the age of 28, George Dean was the captain of the Possum: a night ferry that ran between Circular Quay and Milsons Point. Born in the NSW town of Albury, Dean was well-respected in the public eye, as he’d saved several passengers from drowning in the harbour. The… Read more »
The Law on Drug Possession in NSW
By Paul Gregoire and Ugur Nedim At around 1.30 am on 27 March, NSW police spotted two people acting suspiciously in a Holden Colorado in an industrial area in North Wyong. And the officers proceeded to follow the vehicle into the driveway of an empty petrol station on the Pacific Highway. A man in the… Read more »
An Inmate’s New Sentence Does Not Need to Run Consecutively
By Paul Gregoire and Ugur Nedim On 15 July 2015, inmates Brandon Moussa and Michael De Gruchy were standing in a corridor close to a public phone box at Parklea Correctional Centre. The pair were out of their cells as it was recreation period. Moussa grabbed De Gruchy, pushed him up against the wall and… Read more »
Offending While on Parole Does Not Increase a Crime’s Severity
By Paul Gregoire and Ugur Nedim Mouraf Elhassan was asked to keep an eye on the apartment and car of a friend who was traveling overseas in mid-2014. Unbeknownst to Mr Elhassan or his friend, NSW police had the driveway of the apartment under video surveillance. Police subsequently installed an additional camera that was motion… Read more »