By Paul Gregoire and Ugur Nedim On 22 September 2017, Nick Masters veered onto the wrong side of Port Macquarie’s Hastings River Drive, and collided head on with a car being driven by a Mr Ashenden, who was killed, whilst his wife, Mrs Ashenden was seriously injured. NSW District Court Judge Mark Marien found Masters… Read more »
Posts By: Sydney Criminal Lawyers
Probative Value is of Primary Importance When Determining Admissibility of Tendency Evidence
By Paul Gregoire and Ugur Nedim A five justice bench of the High Court of Australia determined on 19 October that a NSW Supreme Court trial that saw the jury find a Coffs Harbour man guilty of the murder of his two-and-a-half-year-old stepdaughter that heavily relied on tendency evidence was correct in doing so. The young girl… Read more »
The New Offence of Threatening a Criminal Defence Lawyer in New South Wales
By Paul Gregoire and Ugur Nedim Times have certainly changed in the legal realm in terms of who needs protection from whom. Back in the early 1990s, laws were enacted to protect judges, prosecutors, witnesses and others involved in cases against those accused of committing crimes from threats and reprisals that would obviously be perpetrated… Read more »
NSW Police Gifted Draconian Search Powers Relating to Encrypted Devices
By Paul Gregoire and Ugur Nedim The Perrottet government, last Thursday, passed a new encryption-busting bill as part of an ongoing drive by the authorities to get around systems that encode our online communications to keep them out of the view of prying eyes that most often seem to be government and law enforcement. Passed… Read more »
Sentence Reduced as Judge Failed to Consider Impact of COVID in Prison
By Paul Gregoire and Ugur Nedim NSW police commenced an investigation in June 2017, which led to detectives identifying eight men involved in a drug manufacturing operation producing MDA (3, 4-methylenedioxyamphetamine), a substance usually sold as MDMA on the street but can differ in effect. The joint criminal enterprise involved three properties belonging to one of… Read more »
Judicial Independence is More Important Than Ever
By Paul Gregoire and Ugur Nedim “Most Australians assume that an Australian judge would not hesitate to find against the government or a government agency if the law requires that result,” said High Court Justice Jacqueline Gleeson, in a recent speech on judicial independence in liberal democracies. Appointed to the highest court in March last year, Gleeson,… Read more »
Courts Cannot Consider Agreed Facts Relating to Coaccused During Sentencing
By Paul Gregoire and Ugur Nedim After migrating to Australia from Pakistan as a young man in 2001, Zeeshan Kareem met Imtiaz Malik, who, at 16 years his senior, was a respected elder in the local Pakistani community. In March 2013, Malik asked Kareem for assistance in setting up a business, which was then registered… Read more »
Conviction for High Range Drinking Driver Quashed, as Police Failed to Follow the Rules
By Paul Gregoire and Ugur Nedim At around 7.45 pm on 19 June 2021, Dean Mason came off his motor scooter at an intersection in the NSW town of Cardiff. The rider was then observed lying in the gutter nearby his scooter by the occupants of a car that had been travelling behind him in… Read more »
Sentence Quashed After Lawyer Enters Guilty Pleas on Behalf of Client Without Instructions
By Paul Gregoire and Ugur Nedim Central Coast man Paul Stuart had consumed half a bottle of rum on a friend’s boat on the evening of 20 February 2020, when he called a friend to pick him up. The woman arrived at around 9.30 pm and took Stuart to his Brisbane Water home, where the… Read more »
Google Not Liable for Providing a Link to a Defamatory Article, High Court Finds
By Paul Gregoire and Ugur Nedim In a turnaround to the findings relating to other recent internet publication defamation suits, the majority of the High Court recently found that Google, as respondent, wasn’t the publisher of an article listed in its search engine’s results, but rather the tech giant merely facilitated access to it. Melbourne… Read more »