Posts By: Sydney Criminal Lawyers

Personal Factors Cannot Affect the Objective Seriousness of an Offence

Unequal scales of justice

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 »

Know Your Rights, as Lockdowns Lift

Know Your Rights

By Paul Gregoire and Ugur Nedim After 107 days of being ordered to stay at home, Sydneysiders emerged from the pandemic lockdown on Monday. This saw numerous restrictions eased, including requirements to carry a mask at all times, as well as having to show proof of residence. However, the current system of opening up continues… Read more »

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

High Court of Australia

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 »

High Court Finds Media Organisations Are Liable for Third Party Comments

High Court of Australia

By Paul Gregoire and Ugur Nedim Dylan Voller came to national attention after footage of the abuse he suffered at the hands of youth justice officers at Darwin’s Don Dale Youth Justice Detention Centre were aired by the ABC in mid-2016. The public outcry in relation to the abusive practices being meted out upon children… Read more »

The NSW Public Health Orders Governing COVID-19 Restrictions

COVID-19 Restrictions Berejiklian

By Paul Gregoire and Ugur Nedim Originally issued on 10 June, Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 was amended by NSW health minister Brad Hazzard on 21 August, so that it now contains section 6A, which involves responding to police requests about who is in a “COVID-19 risk premises”. Containing three subsections, section… Read more »

What Is the Implied Right to Freedom of Political Communication in Australia?

High Court Australia

By Paul Gregoire and Ugur Nedim The issue of rights has been front and centre over the last few months, as the outbreak of the COVID-19 Delta variant has resulted in state governments ordering populations into lockdown to prevent its spread, which some citizens assert is an infringement upon their basic freedoms. Yet, rights guarantees… Read more »

The NSW Laws Relating to Unlawful Assemblies

Crowd protest

By Paul Gregoire and Ugur Nedim The huge Sydney anti-lockdown rally on 24 July was classed as an unlawful assembly. The NSW Police Force had rejected an application to hold the march, which contravened stay-at-home orders designed to stop the spread of the COVID-19 Delta variant. At the time of the demonstration, Public Health (COVID-19 Additional… Read more »