Posts By: Sydney Criminal Lawyers

Parity in Sentencing: Youth Sentence Reduced to Reflect Co-Accused’s Successful Appeal

Parity in Sentencing

By Paul Gregoire and Ugur Nedim At about 9.50 pm on 16 December 2021, Jordan Campton, Brayden Taylor and Brock Ruwoldt were leaving the Events Cinema at Liverpool’s Westfield Shopping Centre, when they were set upon by a group of six male youths, who cornered and then began harassing them. One of the teen assailants,… Read more »

Politicians Don’t Have the Power to Revoke Australian Citizenship, High Court Rules

Australia Passport

By Paul Gregoire and Ugur Nedim Algerian national Abdul Benbrika immigrated to Australia in 1989 and became a citizen in 1998, in line with section 15 of the Australian Citizenship Act 2007 (Cth) (the Act), which involved pledging allegiance to the nation. And he also maintained his Algerian citizenship. Benbrika was found guilty by a Supreme Court… Read more »

Australian Offences of Genocide, Aggression, War Crimes and Crimes Against Humanity

War Crimes

By Paul Gregoire and Ugur Nedim Coming into effect on 1 July 2002, the Rome Statute of the International Criminal Court established not only the ICC, but it sets in place the four core international criminal offences of genocide, crimes against humanity, war crimes and the crimes of aggression.  The treaty applies to 123 states…. Read more »

 Judge Criticises Cowboy Prosecutors and Calls on Government to Pay Defendant’s Legal Costs

Supreme Court NSW

By Paul Gregoire and Ugur Nedim Just after 9 am on 28 November 2021, local man Simon Fleming appeared at the intersection of Windang and Acacia Streets in the Wollongong, armed with a bolt action rifle, a gel blaster that appeared to be a self-loading rifle and a silver case resembling an explosive device.  Fleming… Read more »

The Shepherd Direction: Fundamental Facts Must Be Proved Beyond Reasonable Doubt in Circumstantial Cases

Circumstantial Cases

By Paul Gregoire and Ugur Nedim In the mid-1970s, the “Mr Asia” drug syndicate commenced operations. It was a multi-million-dollar criminal network initially importing cannabis and then heroin from Southeast Asia into Australia, New Zealand and the UK, via Singapore distributor Choo Cheng Kui or Chinese Jack. James “Diamond Jim” Shepherd was initially the network’s banker…. Read more »

Police Officer Fails to Have Assault Charges Dismissed on Mental Health Grounds

Downing Centre

By Paul Gregoire and Ugur Nedim On 13 September 2022, officers attached to the NSW Police Central Metropolitan Region Enforcement Squad were conducting a surveillance operation in a street in the western Sydney suburb of Prospect, where a stolen Audi Q5 car had been noted as parked and left unattended. Just after 10:30 pm, the… Read more »

The Defence of Automatism: No Criminal Responsibility for Unconscious and Unforeseeable Conduct

Driver Asleep

By Paul Gregoire and Ugur Nedim At 4.51 am on 19 December 2019, Nicholas Parker was driving his father’s car along Kurrajong Road in the NSW town of Richmond, when the 19-year-old apprentice electrician fell asleep, veered across to the other side of the road and hit two cyclists riding along the shoulder of the… Read more »

Terrorism Offences: Judges Must Properly Consider Mitigating Factors During Sentencing

Sentencing considerations

By Paul Gregoire and Ugur Nedim A 15-year-old male came to the attention of the AFP’s NSW Joint Counter Terrorism Team (JCTT) in May 2015, as he’d been accessing violent Islamic extremist material online. The AFP’s National Disruption Group (NDG) then got in touch with the teen’s family and suggested his father make a plan… Read more »

Conduct Suggesting Consciousness of Guilt Insufficient to Convict, Appeal Court Finds

Consciousness of Guilt

By Paul Gregoire and Ugur Nedim Just after noon on 10 August 2018, Jeff McKee burst into the Hereford Street home of Blake Davis in Sydney’s Glebe. Davis was eating breakfast with his girlfriend Hannah Quinn, when the intruder, armed with a set of knuckledusters and a handgun, appeared inside the house. McKee screamed at… Read more »