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 »
Posts By: Paul Gregoire
Drink Driving and Drug Driving Laws in NSW: An Inconsistent and Unjust Regime
“The risk of being involved in a serious car accident increases significantly when the driver’s blood alcohol range substantially exceeds the basic legal limit,” outlines a 2023 NSW Bureau of Crime Statistics and Research report on sentencing high range prescribed concentration of alcohol drivers. “In particular”, underscored the BOCSAR researchers David Saffron and Marilyn Chilvers,… Read more »
NSW Police Pursuits Surge by Over 70 Percent in Eight Years
Seven teenagers were charged with offences ranging from car theft to police pursuit early on Monday, as NSW police attempted to stop three vehicles close to the NSW town of Woy Woy at 2.30 am, as these were suspected to be reportedly stolen from suburbs around the Central Coast. One vehicle, a BMW, rammed into a police… Read more »
Wiradjuri Mother Granted Permission to Appeal Order Placing Kids in Overseas Care
Wiradjuri woman DN came to the notice of the NSW welfare officers in October 2009, which led to the imposition of a care order in relation to her two children, under the terms of section 61 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the Care Act). The New South Wales Children’s… Read more »
Impact on Dependents is Relevant when Sentencing for Commonwealth Crimes
Over a period of a little over six years ending in January 2019, western Sydney woman Clarisse Totaan underreported or failed to report her earnings to the Department of Human Services (DHS), which led to her receiving parenting payments to a sum of just shy of $113,000. This social security fraud began after she had… Read more »
The New South Wales Laws Which Regulate and Criminalise Protests
Recent years have seen our state subjected to a series of unprecedented extreme weather events, and this is being accompanied by an escalation in climate protests that are increasingly targeting the profits of the fossil fuel industry, as well as raising public awareness to the crisis. This was seen over the last week with Blockade… Read more »
A Rundown of the UK High Court Decision to Greenlight Assange’s US Extradition
The UK High Court of Justice ruled on 10 December last year, that the decision not to permit the extradition of Australian journalist Julian Assange, handed down by District Court Judge Vanessa Baraitser on 4 January 2021, be overturned. Lord Chief Justice Ian Burnett and Lord Justice Timothy Holroyd made the decision based on two… Read more »
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 »
The NSW Police State Laws Paving the Way for One Nation Measures
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
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 »