By Paul Gregoire and Ugur Nedim The principle of doli incapax is a common law presumption in NSW that considers children under 14 years of age lack the capacity to be criminally responsible for their acts. A review of the operation of doli incapax in NSW was launched by state attorney general Michael Daley in… Read more »
Posts Categorized: Criminal Law
Court Orders Legal Costs in Favour of Man Malicious Prosecuted by NSW Police
By Paul Gregoire and Ugur Nedim Justice Richard Cavanagh handed down the 12 September 2025 judgement in a civil suit to award plaintiff Luke Brett Moore $456,160 and also ordered that the defendant, the state of New South Wales, pay his legal costs in the case that involved New South Wales police having falsely imprisoning… Read more »
Court Ruling Rejecting the Right of Pro-Palestine Organisers to March on the Opera House
By Paul Gregoire and Ugur Nedim The NSW Police Force announced on 3 October 2025 that it would be challenging the notification of a public protest lodged by Palestine Action Group, which sought to hold a public rally calling for an end to the Gaza genocide two years after it commenced, as the agency cited… Read more »
Sentence Reduced as Judge Failed to Inform the Defence He Rejected a Psychological Assessment
By Paul Gregoire and Ugur Nedim New South Wales police officers executed a search warrant upon a premises and vehicle in the southern Sydney suburb of Carlton that belonged to Alexandre Da Silva on 29 September 2022. Da Silva was under police observation, when he drove to a western Sydney suburb to pick up a… Read more »
Sexual Assault Appeal Succeeds After Juror Misconduct and Exposure to Inadmissible Material
By Paul Gregoire and Ugur Nedim Mark Seo had been in a relationship with a woman for three years when it ended in March 2020. At that time, Seo was living in Western Australia. The man’s ex-partner then complained to him via text message in late 2020, when she became aware he’d been asking her… Read more »
NSW Parliament Broadens the Reach of Child Sexual Offences
The New South Wales parliament has passed legislation which expands the scope of child sexual offences, child abuse material offences and female genital mutilation offences, as well as enables the conviction of a person for sexual offences and interfering with a corpse where it is uncertain as to whether the victim was alive or deceased… Read more »
Sentence Reduced as Judge Failed to Find that Immediate Admissions Count as Assistance to Police
By Paul Gregoire and Ugur Nedim Joshua Dennis approached the reception counter at the Adina Apartments in Wollongong at 3.05 am on 30 August 2022, and he commenced conversing with night manager Amos Baker. After a few minutes of speaking, however, 40-year-old Dennis then walked around to the other side of the counter and punched… Read more »
Attempted Murder Sentence Reduced as Judge Misapplied Principle of Totality
By Paul Gregoire and Ugur Nedim A member of the Sydney Hamzy crime family asked a 23-year-old male individual that he’d befriended in early 2021, to partner up with a second person to kill members of the Alameddine criminal network. Four people were on the hitlist. The payment was $2 million for one killed, and… Read more »
Appeal Against Commercial Drug Importation Succeeds as Judge Misdirected the Jury
By Paul Gregoire and Ugur Nedim Following an investigation by the Australian Federal Police (AFP), the Royal Canadian Mounted Police intercepted a commercial dough mixer on 27 September 2021, which had been bought by local business Nella Cutlery, from another in the Canadian city of Toronto to be shipped to the Australian city of Brisbane,… Read more »
Appeal Against Sentence for Fraud Succeeds, as Judge Failed to Consider Drug Dependency
By Paul Gregoire and Ugur Nedim Over March to July 2020, NSW Riverina region man Brodie O’Hanlon made 70 claims for payments under various relief schemes run by Services Australia, such as the Australian Government Disaster Relief Payment, the Pandemic Leave Disaster Payment and the Disaster Recovery Allowance. These claims, however, that resulted in his… Read more »
