Posts By: Sydney Criminal Lawyers

Police Cannot Enter Private Land Without a Warrant If Prohibited by a Trespass Sign

No trespassing

By Paul Gregoire and Ugur Nedim Along with senior constable Rankin, then NSW police acting sergeant Fahey attended a NSW Northern Rivers region property at Warrazambil Creek on 24 August 2021, in relation to an email detective inspector Greenwood received suggesting a potential illegal gathering may take place. The legality of the gathering or possible… Read more »

Courts Must Apply a 25% Sentencing Discount for All Early Guilty Pleas

Guilty Pleas

By Paul Gregoire and Ugur Nedim On the afternoon of 19 December 2018, Belmont South resident Guy McCulloch suddenly reversed his car towards Justin Fuller, who was in pursuit of it on foot. Holding two machetes, Fuller then reached in and stabbed the driver five times, with one blow penetrating McCulloch’s liver fatally. Fuller was… Read more »

Prosecutors Routinely Ignore Their Legal Duty to Serve Evidence on the Defence

Evidence

By Paul Gregoire and Ugur Nedim A duty of disclosure exists within the NSW criminal justice system, and in all other jurisdictions across the nation, which requires the prosecution to provide the defence with all the evidence it has prior to the trial commencing. This stipulation exists in the legislative guidelines governing the various state criminal… Read more »

Questioning Ruled Inadmissible as ASIO Agents Had Effectively Kidnapped the Suspect

ASIO

By Paul Gregoire and Ugur Nedim Prior to empanelling a jury for the 2007 trialling of Izhar Ul-Haque on a charge of training with a known terrorist organisation, NSW Supreme Court Justice Michael Adams had to make voir dire determination, which is a decision on whether evidence before a court is admissible. The evidence in question… Read more »