Posts By: Sydney Criminal Lawyers

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 »

Lawyer Twice Found Not to Have Perverted the Course of Justice in Suggesting Illness to Client

Downing Centre

By Paul Gregoire and Ugur Nedim Sydney criminal defence lawyer Mohammed Zreika was found guilty of the offence of perverting the course of justice, under section 319 of the Crimes Act 1900 (NSW), by Magistrate Jennifer Atkinson at Sutherland Local Court on 19 November 2021.  The offence carries a maximum penalty of 14 years behind bars. The magistrate… Read more »

Drug Driving is an Absolute Liability Offence, District Court Judge Finds

By Paul Gregoire and Ugur Nedim A man was driving along Cowpasture Road in southwest Sydney’s Horningsea Park, close to midnight on 12 September 2020, when the manner of his driving caught the attention of some NSW police officers, who promptly directed him to pull his utility over. The officers subjected the driver to a… Read more »

A Summary of the New South Wales Police Use of Force Manual

Covid police

By Paul Gregoire and Ugur Nedim The 2022 NSW Police Use of Force Manual opens by advising that when engaging in physical confrontation officers shouldn’t be concerned with future criticism, but instead ensure that no more force than reasonably necessary is applied when carrying out duties safely and effectively. The sole NSW police oversight body, the Law… Read more »

Expired Apprehended Violence Orders Cannot Be Revoked, Supreme Court Rules

Law courts

By Paul Gregoire and Ugur Nedim In late 2018, Robert Wass pleaded guilty to common assault, contrary section 61 of the Crimes Act 1900 (NSW), in relation to his having punched his nephew in the face, after catching him hunting pigs on his property without permission. The young man punched his uncle back for good measure…. Read more »