Peter Foster’s trail of cons and aliases goes back decades, but now some of his victims are set to receive a portion of their money back after the NSW Supreme Court ordered they be reimbursed more than $10 million. Supreme Court Justice Michael Ball ruled in favour of civil action brought by 165 investors against… Read more »
Posts By: Sydney Criminal Lawyers
Domestic Violence Sentence Stands as a Deterrent, Despite Muldrock Error
By Paul Gregoire and Ugur Nedim On 10 December 2006, Theodore Efthimiadis was standing on a platform at Central Station waiting for a train to the Central Coast. He looked to his side and noticed an old acquaintance he’d met in prison 20 years earlier. That person was later referred to as ‘Mr X’ during… Read more »
Oral Sex on Drunk Men Can Be Just As Serious As Sexual Penetration, Court Finds
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”?
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”
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 »
Transporting Drug Equipment Is Not a Step in Manufacturing, Court Rules
By Paul Gregoire and Ugur Nedim At around 11pm on 30 June 2000, David Spicer was stopped for a random breath test on Devlin Road in Londonderry, north western Sydney. The 42-year-old man got out of his car and produced his driver licence. The result of the breath test was negative. On being questioned about the… Read more »
Court Rules that Drug Dependency is Not Necessarily a Mitigating Factor
By Paul Gregoire and Ugur Nedim It was just before 9am on 26 October 2013, when 52-year old Peter Hayek pushed open the unlocked door of Sydney Cove Chemist at The Rocks and made his way into the dispensary. The lights were off, and employee Ms Gao was nowhere to be seen, although her handbag… Read more »
Should a Bad Upbringing Lead to a Reduced Sentence?
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 »
NSW District Court Judge Criticised for Wasting Time
By Blake O’Connor and Ugur Nedim A controversial NSW District Court judge has been sternly rebuked by many, including his fellow judges, for reading a judgement aloud in court over a three and a half day period, rather than simply handing it down in writing. The judge’s actions have cost the parties and taxpayers many… Read more »
Common Complaints against Magistrates and Judges: Case Studies
By Kieran Adair and Ugur Nedim People who are sent to court are supposed to be entitled to a fair hearing, regardless of the magistrate or judge’s mood, or their personal opinions or prejudices. But unfortunately, this isn’t always the case in our busy court system. While it is often possible to appeal unfair rulings… Read more »