Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »
Posts Categorized: Criminal Law
Facebook Administrators Are Liable for Defamatory Comments Posted By Users
By Paul Gregoire and Ugur Nedim Former Don Dale Youth Detention Centre detainee Dylan Voller was successful in a case brought against three of Australia’s largest media organisations last year. The First Nations man claimed the companies, as publishers, were liable for comments third parties posted on their Facebook pages. Voller’s mistreatment and brutalisation at… Read more »
Unjust Outcomes: Extended Supervision Orders in New South Wales
NSW Supreme Court Justice Peter Hamill recently had to decide on whether an extended supervision order (ESO) should be revoked. The five year long order had been imposed upon Darryl Carr in 2009, but due to the way the supervision regime operates, it was still in force eleven years later. His Honour noted Mr Carr… Read more »
Coroner Recommends the Criminalisation of Catfishing
Goulburn prison inmate Brayden Spiteri finally texted his on-again, off-again girlfriend Renae Marsden on 5 August 2013, after a month of not responding. Spiteri had cut off communications as he had a court appearance coming up that might see him released and united with Marsden. The pair, who had never actually met face-to-face, became acquainted… Read more »
Contractor Fined $100,000 Over Fatal Gas Mix-Up
The man responsible for a gas-mix up at a Sydney hospital which left one baby dead and another with permanent brain damage has been fined by the New South Wales District Court. Christopher Turner was a contractor working for BOC Limited at the time he mixed-up the pipes, resulting in the tragedy. Mr Turner pleaded… Read more »
Criminal Charges Can be Thrown Out of Court if an Arrest is Unlawful
By Paul Gregoire and Ugur Nedim The former mother-in-law of Rodna Jankovic took out an apprehended domestic violence order (AVO) against her previous daughter-in-law on 20 October 2015. However, on 25 March the following year, Ms Jankovic violated the order by sending a text message to her ex-partner’s mother. The SMS tansmission warned the woman… Read more »
The Offence of Perverting the Course of Justice in New South Wales
By Paul Gregoire and Ugur Nedim Back before COVID-19 brought the NSW court system to a grinding halt, it seems that people were conjuring up fake illnesses with the aim of obtaining medical certificates from doctors to excuse them from fronting up to their scheduled court appearances. At least, that was the crux of the… Read more »
The Offence of Dishonestly Obtaining a Financial Advantage by Deception
Former New South Wales RSL President Don Rowe has been received a criminal conviction, been ordered to pay a $2,000 fine and adhere to a two-year good behaviour bond after using the organisation’s credit cards to pay almost $10,000 in phone bills and a hotel stay for family members Former NSW RSL chief guilty The… Read more »
Extended Supervision Orders in New South Wales
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
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 »