Posts Categorized: Criminal Law

The Rules for Determining Applications for Judge-Alone Trials in NSW

Judge-Alone Trials in NSW

By Paul Gregoire and Ugur Nedim On 9 December 2022, 18-year-old Bailey Jones was at the Bomaderry home of the family of his 21-year-old cousin, Dominic Saliba, with some other friends.  During the evening, Saliba and Jones were said to have started “slapboxing”. Each of the men were then seen to hold various containers filled… Read more »

An Evaluation of the NSW Drug Supply Prohibition Order Pilot Scheme

An Evaluation of the NSW Drug Supply Prohibition Order Pilot Scheme

By Paul Gregoire and Ugur Nedim An appraisal of the Berejiklian government enacted two-year drug supply prohibition order (DSPO) pilot scheme, which commenced in May 2022 in four regions throughout New South Wales, has found that although the initiative resulted in a “small number of orders and convictions made”, most stakeholders consulted on its effectiveness… Read more »

Drug User Convicted of Manslaughter for Supplying Drugs Causing Death Succeeds on Appeal

Friends socialising

By Paul Gregoire and Ugur Nedim Serotonin is a chemical in the brain that puts a person in a good mood. A lack of serotonin can make a person depressed. The drugs Moclobemide and Venlafaxine can be used to treat low serotonin levels. And a combination of these drugs can produce a psychoactive reaction, making… Read more »

Sentencing Judges Must Make Clear That Mitigating Factors Were Considered

Sentencing proceedings NSW

By Paul Gregoire and Ugur Nedim On 28 October 2022, Abbrar Abbas arrived at Sydney Airport, after two days in Fiji. On collecting his baggage and presenting his incoming passenger card to an Australian Border Force officer, the International student was taken to a baggage examination area, and a bottle of yellow liquid was found… Read more »

The Fact an Offence Reduces the Likelihood of Parole is a Mitigating Factor on Sentence

Supreme Court NSW

By Paul Gregoire and Ugur Nedim Fayez Hatahet travelled to Syria on an Air Jordan flight on 25 September 2012, as he was attempting to secure the release of his brother-in-law, whom he believed was being held by an armed group in that country. However, on arrival, Hatahet went on to engage in hostile activities… Read more »