Posts Categorized: Criminal Law

Can I Sue My Lawyer for Negligence? Advocates Immunity in Australia

Lawyer writing

By Paul Gregoire and Ugur Nedim In 1996, Mr D’Orta-Ekenaike was charged with rape. So, the Melbourne man sought legal assistance from Victoria Legal Aid, which subsequently retained the services of a barrister. And despite the accused claiming innocence, this barrister advised him to plead guilty, as he had no defence. D’Orta-Ekenaike then pleaded guilty… Read more »

NSW DPP Prosecuting Guidelines Part 3: Charge Negotiations, Vulnerable and Unrepresented Defendants, Judge-Alone Trials, Jury Selection, Retrials, Proceeds of Crime and the Media

Artworks at Downing Centre

By Paul Gregoire and Ugur Nedim In carrying out its operations, the Office of the Director of Public Prosecutions (ODPP) follows the procedures set out in the ODPP Prosecution Guidelines. This article is the final in a series summarising the processes and principles set out in the document, which govern the independent body that prosecutes… Read more »

NSW DPP Prosecuting Guidelines Part 1: DPP’s Role, The Decision to Prosecute, Elections to Take Over Cases and Advising Police

ODPP

By Paul Gregoire and Ugur Nedim The NSW Office of the Director of Public Prosecutions (ODPP) is this state’s independent prosecuting body. Established under the Director of Public Prosecutions Act 1986 (NSW) (the DPP Act), the ODPP prosecutes serious offences committed against the laws of this state on behalf of its people. The ODPP is… Read more »

The NSW Local Court Practice Note for Criminal Proceedings Part 3: DV cases, penalty enforcement annulment and the MERIT program

Courts downing

By Paul Gregoire and Ugur Nedim The Local Court Practice Note Crim 1 is a document that sets out how the NSW Local Court organises its proceedings when it comes to trying criminal matters summarily. The practice note was updated on 23 October this year, and this article and those preceding it outline its content…. Read more »

New Laws Relating to Offences Against Pregnant Women in NSW

Pregnant

By Paul Gregoire and Ugur Nedim The decade-long debate in NSW around foetal personhood laws continues as NSW premier Gladys Berejiklian and attorney general Mark Speakman have released exposure draft legislation seeking to establish a circumstance of aggravation for criminal offences perpetrated against pregnant women. Released on 10 November, the draft Crimes Legislation (Offences Against… Read more »

NSW Drug Supply Offences, Deemed Supply and the Overturning of the Clark Principle

Packing cocaine

By Paul Gregoire and Ugur Nedim Alleged leader of a southwest Sydney dial-a-cocaine ring Sarah Rutherford was released on bail on 13 May this year, after being remanded in prison for close to three months, following a late February raid on her Greenacre home, which turned up the illicit substance and drug paraphernalia. The 30-year-old… Read more »