Posts Categorized: Criminal Law

Know Your Rights, as Lockdowns Lift

Know Your Rights

By Paul Gregoire and Ugur Nedim After 107 days of being ordered to stay at home, Sydneysiders emerged from the pandemic lockdown on Monday. This saw numerous restrictions eased, including requirements to carry a mask at all times, as well as having to show proof of residence. However, the current system of opening up continues… Read more »

Sentencing Courts Cannot Draw Adverse Inferences From a Defendant’s Decision Not to Testify

High Court of Australia

By Paul Gregoire and Ugur Nedim After being found unconscious at his mother’s Biggera Waters home on the Queensland Gold Coast, 4-year-old Tyrell Cobb passed away in hospital on 24 May 2009. The child died as a result of two abdominal injuries caused by blunt force trauma, which occurred within 48 hours of his death…. Read more »

High Court Finds Media Organisations Are Liable for Third Party Comments

High Court of Australia

By Paul Gregoire and Ugur Nedim Dylan Voller came to national attention after footage of the abuse he suffered at the hands of youth justice officers at Darwin’s Don Dale Youth Justice Detention Centre were aired by the ABC in mid-2016. The public outcry in relation to the abusive practices being meted out upon children… Read more »

What Is the Implied Right to Freedom of Political Communication in Australia?

High Court Australia

By Paul Gregoire and Ugur Nedim The issue of rights has been front and centre over the last few months, as the outbreak of the COVID-19 Delta variant has resulted in state governments ordering populations into lockdown to prevent its spread, which some citizens assert is an infringement upon their basic freedoms. Yet, rights guarantees… Read more »

The NSW Laws Relating to Unlawful Assemblies

Crowd protest

By Paul Gregoire and Ugur Nedim The huge Sydney anti-lockdown rally on 24 July was classed as an unlawful assembly. The NSW Police Force had rejected an application to hold the march, which contravened stay-at-home orders designed to stop the spread of the COVID-19 Delta variant. At the time of the demonstration, Public Health (COVID-19 Additional… Read more »

Arrested for Political Satire: The Contentious Charging of the Friendlyjordies Producer

Friendlyjordies

By Paul Gregoire and Ugur Nedim The arrest of YouTube channel Friendlyjordies producer Kristo Langker has raised widespread condemnation for what many are asserting was a politically motivated act of police overreach on the part of plainclothes officers. Three detectives from the NSW Police Fixated Persons Investigations Unit showed up at Langker’s front door to… Read more »

Federal Court Labels Illegal Robodebt Extortion Scheme a “Massive… Stuff-Up”

Federal Court Perth

By Paul Gregoire and Ugur Nedim In his 11 June ruling on the class action taken against the Coalition government’s Centrelink robodebt scheme, Federal Court Justice Bernard Murphy said that rather than “a conspiracy”, he found the unlawful automated debt collection initiative to be “a stuff-up”, albeit “a massive one”. Initiated by then social services… Read more »

The NSW Police State Laws Paving the Way for One Nation Measures

Police guarding building

Cancel culture is the practice of boycotting a well-known personality or company for espousing objectionable or offensive views. NSW One Nation leader Mark Latham has a special aversion to this emerging trend, which he perceives as a threat to freedom of speech. “This is anti-intellectualism at its core,” Latham told the Bolt Report mid-last year…. Read more »