Posts Categorized: Criminal Law

Judge Gets Maximum Penalty Wrong

Supreme Court of NSW

By Paul Gregoire and Ugur Nedim Between March and June 2014, Matthew “Fatty” Stapleton was under investigation by the NSW police for mid-level supply of methamphetamine. Officers were granted the power to conduct a controlled operation, and recordings suggested that Mr Stapleton and Shane Mooney were associates. On 16 May 2014, Stapleton contacted an undercover officer and… Read more »

Tens of Thousands Forced to Represent Themselves in Court

Justice Poorrich

By Zeb Holmes and Ugur Nedim Tens of thousands of Australians are forced to represent themselves in court every year – often against powerful and well-funded prosecution teams – as it becomes increasingly difficult to receive assistance from community legal centres and legal aid commissions. The National Association of Community Legal Centres estimates that it turns… Read more »

Oral Sex on Drunk Men Can Be Just As Serious As Sexual Penetration, Court Finds

Queen Square Supreme Court NSW

By Paul Gregoire and Ugur Nedim A jury found Hoe Fatt Lee guilty of three counts of sexual intercourse without consent, as under section 61I of the NSW Crimes Act 1900, which provides that a person who has sexual intercourse with another person without consent is liable to up to 14 years imprisonment. On 26 September 2014,… Read more »

Should Sentences be More Severe Where the Victim is “Vulnerable”?

victim-vulnerable

By Paul Gregoire and Ugur Nedim On 2 June 2015, the NSW Supreme Court found Andrew Mervyn Sumpton guilty of the “spontaneous but brutal” murder of Michelle Roberts. He was also convicted on two counts of arson for burning down Ms Roberts’ South Grafton house, along with all her property. For the two arson charges, Justice Hamill sentenced… Read more »

Robbery: When is an Offender “In Company”

robbery-store

By Paul Gregoire and Ugur Nedim Section 21A of the NSW Crimes (Sentencing Procedures) Act 1999 acts as a checklist of aggravating and mitigating factors which a sentencing court must take into account if they are “relevant and known to the court.” Mitigating factors – which can lead to a reduced penalty – include whether the… Read more »