Posts By: Sydney Criminal Lawyers

Criminal Defence Barrister Withdraws During Trial Due to COVID-19 Concerns

Downing Centre Courthouse Sydney

By Paul Gregoire and Ugur Nedim The 23rd of March 2020 was the day the prime minister’s stage 1 COVID-19 restrictions came into play. It was also the day that Michael Kahil suddenly found himself in Sydney’s Downing Centre District Court minus the barrister overseeing his defence during proceedings that commenced on 9 March, two… Read more »

From the Supreme Court Vault: 1889’s Sordid Case of a Marriage Promise Breached

Old marriage

By Paul Gregoire and Ugur Nedim In mid-1879, Sydney bar licensee William Callaghan asked his hotel employee Louisa Maria Tranter to marry him, and she accepted. The proposal came about half a year after Callaghan’s first wife had passed away. In a letter to Ms Tranter dated 19 July 1881, Callaghan wrote, “Do not believe… Read more »

The ‘Coronavirus Effect’ On the NSW Court System

Downing Centre

The impact of Coronavirus has hit the Australian legal system, with announcements in recent days that new criminal trials in Victoria and the Northern Territory will be delayed until further notice. No new jury trials In New South Wales, all new Supreme and District Court jury trials have been suspended until further notice, although existing… Read more »

Extended Supervision Orders in New South Wales

NSW Parliament

By Paul Gregoire and Ugur Nedim The Supreme Court found that a cannabis activist who posted ‘I would like to blog up parliament’ posed no real threat, and declined to make an extended supervision order. George Dickson was on remand at the John Morony Correctional Centre in July 2018, when he was required to participate… Read more »

Digital Identity Theft and Online Fraud in NSW

Online fraud

By Paul Gregoire and Ugur Nedim Inner west Sydney resident Adam Hills was arrested last week over an alleged cyber fraud operation involving him stealing the personal data of more than 80 people online, and then using it to unlock both bank and superannuation accounts to withdraw money. From there Jones used individuals’ personal details… Read more »

Dishonesty Offences Under the Commonwealth Criminal Code Act

Emu sketch

By Paul Gregoire and Ugur Nedim A spokesperson for the Australian federal police announced late last Thursday that it would not be pursuing an investigation into claims author and historian Bruce Pascoe lied about his Aboriginal heritage for financial gain, as “no Commonwealth offence had been identified”. Worimi entrepreneur Josephine Cashman alleged Pascoe was lying… Read more »

Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

Interview room

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

High Court of Australia

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »