Posts Categorized: Criminal Law

Extended Supervision Orders in New South Wales

NSW Parliament

By Paul Gregoire and Ugur Nedim The Supreme Court found that a cannabis activist who posted ‘I would like to blog up parliament’ posed no real threat, and declined to make an extended supervision order. George Dickson was on remand at the John Morony Correctional Centre in July 2018, when he was required to participate… Read more »

First Nations People Cannot Be Deported as Aliens, High Court Rules

High court

The majority of the High Court of Australia ruled on 11 February that the First Nations people of this continent cannot be deported as aliens, even if they’re noncitizens, in cases where their Indigeneity can be proven. The decision was based on the tripartite test of Indigeneity established in the landmark 1992 High Court case… Read more »

Digital Identity Theft and Online Fraud in NSW

Online fraud

By Paul Gregoire and Ugur Nedim Inner west Sydney resident Adam Hills was arrested last week over an alleged cyber fraud operation involving him stealing the personal data of more than 80 people online, and then using it to unlock both bank and superannuation accounts to withdraw money. From there Jones used individuals’ personal details… Read more »

Dishonesty Offences Under the Commonwealth Criminal Code Act

Emu sketch

By Paul Gregoire and Ugur Nedim A spokesperson for the Australian federal police announced late last Thursday that it would not be pursuing an investigation into claims author and historian Bruce Pascoe lied about his Aboriginal heritage for financial gain, as “no Commonwealth offence had been identified”. Worimi entrepreneur Josephine Cashman alleged Pascoe was lying… Read more »

Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

Interview room

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

High Court of Australia

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »

How Do I Write an Affidavit for Court?

Affidavit

By Paul Gregoire and Ugur Nedim Daughter of former prime minister Bob Hawke, Rosslyn Dillon has recently lodged a $4 million legal claim on her late father’s estate. In the affidavit she’s submitted to the NSW Supreme Court, Ms Dillon details the basis for the claim, which involves a rape allegation coverup. The future prime… Read more »

What is Infanticide in the Criminal Law?

Baby cot

By Paul Gregoire and Ugur Nedim A mother living in North Strathfield held her six-month-old baby’s head under the water in a bathtub on 18 November 2010, until the child stopped breathing. The woman then called triple zero to report that her daughter had fallen from her bath seat and drowned. Despite the operator pleading… Read more »