Posts By: Paul Gregoire

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

Law book and a scale

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 »

The NSW Police State Laws Paving the Way for One Nation Measures

Police guarding building

Cancel culture is the practice of boycotting a well-known personality or company for espousing objectionable or offensive views. NSW One Nation leader Mark Latham has a special aversion to this emerging trend, which he perceives as a threat to freedom of speech. “This is anti-intellectualism at its core,” Latham told the Bolt Report mid-last year…. Read more »

Guilty Plea Overturned Due to Criminal Defence Lawyer’s “Seriously Flawed” Advice

Downing Centre Court Complex

Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »

Coroner Recommends the Criminalisation of Catfishing

Catfish meaning

Goulburn prison inmate Brayden Spiteri finally texted his on-again, off-again girlfriend Renae Marsden on 5 August 2013, after a month of not responding. Spiteri had cut off communications as he had a court appearance coming up that might see him released and united with Marsden. The pair, who had never actually met face-to-face, became acquainted… Read more »

First Nations People Cannot Be Deported as Aliens, High Court Rules

High court

The majority of the High Court of Australia ruled on 11 February that the First Nations people of this continent cannot be deported as aliens, even if they’re noncitizens, in cases where their Indigeneity can be proven. The decision was based on the tripartite test of Indigeneity established in the landmark 1992 High Court case… Read more »

NSW Police Force Releases its Rules for Personal Searches

NSW Police emblem

Seemingly, in response to rising community concerns over a lack of transparency around NSW police use of search powers, which has seen a 47 percent rise in strip search use over the four years to June 2018, the NSW Police Force last month publicly released its Person Search Manual. The Law Enforcement (Powers and Responsibilities)… Read more »

Federal Court Invalidates Landmark Native Title Agreement

Aboriginal flag

On February 2 of this year, the Federal Court ruled that the largest native title settlement in Australian history was void. The Noongar native title settlement was worth $1.3 billion dollars. The court’s decision may have widespread implications for both past and future agreements. The settlement between the Western Australian government and the Noongar traditional owners… Read more »