By Paul Gregoire and Ugur Nedim It’s hard know what the warmer months of 2020/21 have in store for the citizens of NSW. As last summer expired, large tracts of the country had burnt to the ground, and Sydneysiders had begun wearing facemasks to guard against the smoke hanging in the atmosphere. Then just days… Read more »
Posts Categorized: Criminal Law
Sydney Lawyer Struck Off for Stealing from Mother’s Estate
By Paul Gregoire and Ugur Nedim Former sole principal at Lane Cove legal practice Leslie Hargrave Lawyers, James Leslie recently had his name struck off the roll of solicitors kept by the NSW Supreme Court, as it was found he’d mishandled trust money in numerous ways, which constituted professional misconduct. In late 2016, Leslie was… Read more »
Prosecution Must Put Its Case ‘Fully and Fairly’, High Court Rules
By Paul Gregoire and Ugur Nedim On 18 June 2016, Van Dung Nguyen was attending a party in the Northern Territory town of Palmerston. And at one point, he and another attendee, Muoi Nguyen, got into a verbal exchange about the latter’s refusal to follow the rules of a singing game. Muoi claims that outside… Read more »
The Rule in De Simoni: A Court Cannot Sentence on Facts that Indicate a More Serious Offence
By Paul Gregoire and Ugur Nedim On 25 May 1979, Luciano De Simoni broke into a house with intent to steal in the Perth suburb of Mundaring. The regular burglar had believed the house was empty and was surprised when he was disturbed by an occupant – a young man, he thought – whom he… Read more »
The Xiao Error: Failing to Discount for Guilty Pleas in Commonwealth Cases
By Paul Gregoire and Ugur Nedim On sentencing Torikai Walsh, NSW District Court Judge Clive Jefferies accepted that the 27-year-old Coffs Harbour local had acted under duress, when facilitating the importation of cocaine, which was secreted within consignments in various “sophisticated ways”. Walsh had become involved in the drug importation ring after being threatened with… Read more »
The NSW Domestic Violence Offence of Non-Fatal Strangulation
By Paul Gregoire and Ugur Nedim Victim Support ACT revealed last month that there’s been a rise in reports of domestic and family violence in the capital territory during the COVID-19 pandemic, which had translated to a 130 percent increase in reported incidents in June, compared with the same period last year. This has included… Read more »
NSW Lawyer Struck Off for Misappropriating Trust Money
By Paul Gregoire and Ugur Nedim According to section 302(1)(f) of the Legal Profession Uniform Law (NSW), if a lawyer is found guilty of “unsatisfactory professional conduct or professional misconduct”, the NSW Civil and Administrative Tribunal (NCAT) can recommend that their name be removed from the roll of lawyers. The NSW Supreme Court maintains the… Read more »
Law Prohibiting Evidence of False Sexual Allegation History Needs an Overhaul
By Paul Gregoire and Ugur Nedim The Australian criminal justice system has its foundations in the British courts, which have long held the presumption of innocence as one of their most basic tenets. Indeed, the principle that a person is innocent until proven guilty is said to go back as far as the book of… Read more »
New Rules for Mental Health Orders in NSW
By Paul Gregoire and Ugur Nedim NSW parliament has just passed a bill that overhauls the way the court system deals defendants found to have a mental health or a cognitive impairment and subsequently have their charges dropped, along with an order imposed that requires them to undergo treatment. The Mental Health and Cognitive Impairment… Read more »
Are Non-Lawyers Allowed to Give Legal Advice?
By Paul Gregoire and Ugur Nedim In December 2012, the Legal Practice Board of Western Australia charged two men with engaging in legal practice despite being unqualified to do so. The pair of non-lawyers had provided legal advice to a husband divorcing his wife and charged $5,000 for the service. The non-lawyers engaged in the… Read more »