Posts By: Sydney Criminal Lawyers

Tens of Thousands Forced to Represent Themselves in Court

Poor vs rich

By Zeb Holmes and Ugur Nedim Tens of thousands of Australians are forced to represent themselves in court every year – often against powerful and well-funded prosecution teams – as it becomes increasingly difficult to receive assistance from community legal centres and legal aid commissions. The National Association of Community Legal Centres estimates that it turns… Read more »

Oral Sex on Drunk Men Can Be Just As Serious As Sexual Penetration, Court Finds

Queen Square Supreme Court NSW

By Paul Gregoire and Ugur Nedim A jury found Hoe Fatt Lee guilty of three counts of sexual intercourse without consent, as under section 61I of the NSW Crimes Act 1900, which provides that a person who has sexual intercourse with another person without consent, consent without admission, is liable to up to 14 years imprisonment. On 26… Read more »

Should Sentences be More Severe Where the Victim is “Vulnerable”?

NSW Supreme Court

By Paul Gregoire and Ugur Nedim On 2 June 2015, the NSW Supreme Court found Andrew Mervyn Sumpton guilty of the “spontaneous but brutal” murder of Michelle Roberts. He was also convicted on two counts of arson for burning down Ms Roberts’ South Grafton house, along with all her property. For the two arson charges, Justice Hamill sentenced… Read more »

Robbery: When is an Offender “In Company”

Robbery caught in store

By Paul Gregoire and Ugur Nedim Section 21A of the NSW Crimes (Sentencing Procedures) Act 1999 acts as a checklist of aggravating and mitigating factors which a sentencing court must take into account if they are “relevant and known to the court.” Mitigating factors – which can lead to a reduced penalty – include whether the… Read more »

Should a Bad Upbringing Lead to a Reduced Sentence?

District Court of NSW

Paul Gregoire and Ugur Nedim Aboriginal and Torres Strait Islander people are significantly over-represented in the Australian prison system, with incarceration rates that are 14 times higher than non-Indigenous people. The Indigenous imprisonment rate in Australia is the highest in the world. First Nations peoples made up 27 percent of the nation’s adult prison population as of June… Read more »