By Paul Gregoire and Ugur Nedim The New South Wales Director of Public Prosecutions (DPP) has successfully appealed a decision of a NSW District Court Judge not to remove herself from three cases. The appeal came in the wake of remarks in which the judge was critical of the DPP being published by a NSW… Read more »
Posts Categorized: Criminal Law
The Defence Is Entitled to All Sufficiently Relevant Material, Including in Sexual Offence Cases
By Paul Gregoire and Ugur Nedim After the New South Wales police commissioner refused to produce materials relating to the 2025 arrest of a NSW man charged with offences relating to the sexual abuse of his daughter, which had been requested by the man’s father, who is himself facing child abuse material offences, the NSW… Read more »
The Offence of Drug Importation Requires Proof of Two Mental Fault Elements
In delivering its 12 August 2026 ruling on The King versus Ko, the majority of the High Court dismissed the Crown appeal against the August 2025 decision of the New South Wales Court of Criminal Appeal to quash the drug importation conviction against Tsz Cheung Herman Ko, as the trial judge failed to direct the… Read more »
The Proposed NSW Organised Crime Laws Explained
By Paul Gregoire and Ugur Nedim The New South Wales Labor government just introduced a further piece of legislation on Thursday, 6 August 2026, that serves to strengthen existing NSW legislative regimes that target the work of organised crime. The previous Coalition government commenced this process in 2022, and the last reforms related to it… Read more »
An Outline of the Proposed New Organised and Gang-Related Crime Laws in NSW
By Paul Gregoire and Ugur Nedim The New South Wales Labor government has continued its ongoing legislative crackdown targeting organised and gang-related crime, with further measures aimed at emerging criminal trends being facilitated by newly developing technologies, along with a swag of reforms that enhance preexisting regimes tackling organised crime that were progressed by the… Read more »
The NSW Doli Incapax Legislative Framework and Related Youth Offender Amendments
By Paul Gregoire and Ugur Nedim The law in New South Wales has long provided that a child aged under 10 years old cannot be criminally responsible for a crime. And since 1 March 2026, the legislative framework in our state has recognised the legal principle of doli incapax, which presumes that children aged at… Read more »
NSW Police Power to Randomly Scan People for Knives Is to be Made Permanent
By Paul Gregoire and Ugur Nedim The New South Wales Minns government introduced a bill on the last sitting day of parliament prior to the 2026 winter recess that seeks to make permanent the 2024 legislated trialling of wanding laws, or powers that allow NSW police officers to run metal detectors randomly over civilians within… Read more »
Confidence in the NSW Criminal Justice System Is at All Time Lows
Confidence in the New South Wales criminal justice system is at its lowest ebb since the NSW Bureau of Crimes Statistics and Research (BOCSAR) commenced periodically surveying the metric in 2007, with only a little over half of adults consulted, or 54 percent, considering that people who commit crimes are brought to justice, while confidence… Read more »
Serving Parole Doesn’t Stop a Court from Imposing a Concurrent Term for a New Offence
By Paul Gregoire and Ugur Nedim New South Wales District Court Judge Sophia Beckett was presiding over an appeal against the severity of the sentence imposed on Ellias Khouri by Parramatta Local Court on 12 December 2025, the full sentence being 18 months in prison comprising a 12 months non-parole period and six-month parole period,… Read more »
Good Character Is No Longer a Mitigating Factor for Sexual Offences
By Paul Gregoire and Ugur Nedim New South Wales parliament passed a law on 7 May 2026 that abolished the ability of the courts to consider the prior good character of those convicted of sexual offences as a mitigating factor – in other words, a factor that can lead to a lesser penalty – during… Read more »
