Posts By: Sydney Criminal Lawyers

Sentence Reduced as Judge Overstated the Objective Seriousness of the Offence

Supreme Court window

By Paul Gregoire and Ugur Nedim At around 9.50 pm on 24 June 2017, Jayden Mason was forcibly ejected from the Wyong Leagues Club for being drunk and disorderly. On his way out of the premises, the 21-year-old commenced threatening staff, and as he walked down Lake Haven Drive, he continued this same behaviour with… Read more »

Reductions in Penalties for Driving Whilst Suspended or Disqualified Have Not Increased Offending

NSW driver licence in wallet

By Paul Gregoire and Ugur Nedim A 2013 NSW parliamentary report into the laws then applying to unauthorised driving found that cases were clogging up the NSW Local Court, penalties were disproportionately steep with no discretion to curb their severity, and their impact was causing havoc within the community. In response, the Berejiklian government passed… Read more »

NSW Considers Banning the Public Display of Nazi Symbols

Australian Neo Nazis

By Paul Gregoire and Ugur Nedim Any suggested government-imposed prohibition on the public display of a particular symbol is likely to provoke responses opposing the proposition as being yet another expression of Australia’s increasing authoritarian drift. However, according to NSW shadow counterterrorism minister Walt Secord, the proposal he recently tabled in his private members bill,… Read more »

NSW Law Society and Bar Association tell Police Minister to Stop Spreading Misinformation about Bail

Bail

By Paul Gregoire and Ugur Nedim Right now, those profiteering from the NSW prison boom must be rubbing their hands together with glee, as both major parties have stated that a number of recent bail decisions are reason to consider strengthening state bail laws, despite 2014 reforms having flooded facilities with remandees. The recent spat… Read more »

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 »