Posts By: Sydney Criminal Lawyers

NSW Court Shows Leniency to White Australian Who Repeatedly Advocated Terrorism Offences

White Australian terrorism

By Paul Gregoire and Ugur Nedim Far-right extremist Wade John Homewood was arrested by New South Wales police officers in November 2021, over numerous social media posts to his two accounts, which advocated extreme violence and included suggestions to execute prominent political figures, as well as the murder of all nonwhite peoples. The thousands of… Read more »

The Criminal Offence of Engaging in a Terrorist Act in Australia

Terrorist Act

By Paul Gregoire and Ugur Nedim New South Wales Police News reported last Thursday that a 16-year-old boy had been charged with a terrorism offence, “following an investigation by the Joint Counter Terrorism Team Sydney into an alleged stabbing at a Sydney church”. This relates the stabbing of an priest in the western Sydney suburb… Read more »

NSW District Court Cannot Hear Appeals Limited to Local Court’s Refusal to Order Costs

Downing Centre Court

By Paul Gregoire and Ugur Nedim Natalia Mikhaylova faced a Local Court defended hearing over two counts of common assault, which is an offence under section 61 of the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years in prison. The charges were dismissed by the NSW Local Court in November 2023, as… Read more »

Categories of Practising Law in New South Wales: The Legal Practice Matrix

Solicitor of responsibilities

By Paul Gregoire and Ugur Nedim Both coming into effect on 1 July 2015, the Legal Profession Uniform Law (NSW) (the Uniform Law) and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the Conduct Rules), establish the rules that regulate the conduct of lawyers in New South Wales, over and above the responsibilities… Read more »

Sentencing in NSW: The Three Stage Process When Considering Imprisonment

Sentencing in NSW

By Paul Gregoire and Ugur Nedim Sometime after 8 pm on 15 January 2022, the then 14-year-old Thomas entered the kitchen, where his mother SJ was making him dinner and his then 51-year-old stepfather SR was also present, with the older couple having recently returned from a six-hour-long celebratory lunch and drinks.  SR commenced calling… Read more »

AI Generated and Digitally-Translated Character References Aren’t Acceptable in Court

Chat GPT laptop

By Paul Gregoire and Ugur Nedim “In my view, it is clearly inappropriate that personal references used in sentencing proceedings are generated by, or with the assistance of” a large language model program, determined ACT Supreme Court Justice David Mossop two weeks ago. And as to why, his Honour explained that “if they are not… Read more »

NSW Bans the Use of Spit Hoods in Places of Detention

Spit Hoods

By Paul Gregoire and Ugur Nedim Two incidents in 2016 that involved spit hoods in certain Australian jurisdictions brought the issue of the controversial use of these antiquated devices to national and global attention. The first was the airing of the Four Corners documentary Australia’s Shame, which featured imagery of a shirtless 17-year-old Aboriginal boy strapped to… Read more »