Posts By: Sydney Criminal Lawyers

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 »

How Do I Write an Affidavit for Court?

Affidavit

By Paul Gregoire and Ugur Nedim Daughter of former prime minister Bob Hawke, Rosslyn Dillon has recently lodged a $4 million legal claim on her late father’s estate. In the affidavit she’s submitted to the NSW Supreme Court, Ms Dillon details the basis for the claim, which involves a rape allegation coverup. The future prime… Read more »

What is Infanticide in the Criminal Law?

Baby cot

By Paul Gregoire and Ugur Nedim A mother living in North Strathfield held her six-month-old baby’s head under the water in a bathtub on 18 November 2010, until the child stopped breathing. The woman then called triple zero to report that her daughter had fallen from her bath seat and drowned. Despite the operator pleading… Read more »

NSW Serious Crime Prevention Orders Are Lawful, High Court Rules

High court

By Paul Gregoire and Ugur Nedim On 5 October last year, NSW police commissioner Mick Fuller commenced civil proceedings in the NSW Supreme Court seeking to have serious crime prevention orders (SCP0s) imposed upon alleged Rebel motorcycle gang members Damien Charles Vella, Johnny Lee Vella, and Michael Fetui. The orders sought to restrain and prohibit… Read more »

Is It Legal to Film Police in NSW?

Filming police

By Paul Gregoire and Ugur Nedim With the advent of smartphones, members of the public have had the ability to film officers of the law as they go about their duties. And on the occasions that citizens capture them behaving in a questionable manner, these video clips invariably end up being shared on social media… Read more »