Posts Categorized: Criminal Law

Toughening of Bail and Discrepancies in Decision-Making Contribute to Rise in Prison Population

Prison Cells

By Paul Gregoire and Ugur Nedim The Bureau of Crime Statistics and Research (BOCSAR) has released a number of reports in recent years explaining some of the reasons behind the explosion of people being held on remand in New South Wales. These reasons may be seen as primarily related to the systematic strengthening of bail… Read more »

Conditions Imposed on Former Immigration Detainees are Unlawful, High Court Rules

High Court of Australia

By Paul Gregoire and Ugur Nedim The High Court of Australia found on 6 November 2024 that the imposition of curfews and electronic monitoring that the Australian executive government had legislated as warranted in regard to some of a cohort of former immigration detainees released since November 2023 is illegal, as applying these punitive measures… Read more »

Court Orders Re-Sentencing of Defendant Due to the Failures of His Defence Lawyers

Supreme Court Window

By Paul Gregoire and Ugur Nedim Between 1 January 2014 and 25 December 2019, Michael Shortland spent over 2,000 hours gambling at the Dee Why RSL, which saw him lose over $643,000, while the habitual gambler had also lost over $1 million at Sydney’s Star Casino over the period from 1 January 2000 through to… Read more »

The Difference Between Cannabis Leaf and Plant for the Purpose of NSW Drug Offences

Cannabis plants

By Paul Gregoire and Ugur Nedim New South Wales police officers attended the residence of Jason Fear on 3 August 2021 to conduct a routine inspection under the Child Protection (Offenders Registration) Act 2000 (NSW), which establishes the NSW Child Protection Register that lists former inmates who’ve offended against children in a sexual or other… Read more »

NSW Guideline Judgment on Drug Importation Struck Down by High Court of Australia

Cocaine bags

By Paul Gregoire and Ugur Nedim In a 1999 Crown appeal hearing against the leniency of sentences imposed upon Nelson Tak Fat Wong and Jackie Kai Chu Leung in relation to import/possess a prohibited item, namely heroin, under since repealed section 233B of the Customs Act 1901 (Cth), the Commonwealth Director of Public Prosecutions requested… Read more »

Aggravated Domestic Violence Offences and Preventative Orders Introduced in NSW

Aggravated Domestic Violence Offences and Preventative Orders Introduced in NSW

By Paul Gregoire and Ugur Nedim Having passed through both houses of NSW state parliament on 24 September 2024, the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 is the NSW state government response to the “preventable” murder of Molly Ticehurst at the hands of her ex-partner in April of this year…. Read more »

The Reformulated Guideline Judgment on Dangerous Driving Occasioning GBH or Death

The Reformulated Guideline Judgment on Dangerous Driving Occasioning GBH or Death

By Paul Gregoire and Ugur Nedim Then NSW Chief Justice James Spigelman announced in 1998, that the NSW Court of Criminal Appeal would commence handing down guideline judgments relating to specific crimes to ensure consistency in sentencing. And guideline judgments would act as an indication for NSW judges and magistrates and not a prescription on… Read more »