By Paul Gregoire and Ugur Nedim Although, it’s been under threat in NSW over recent years, the right to silence is still a fundamental principle in common law. It allows a suspect to refuse to answer police questions during an interview, as well as refraining from giving evidence whilst on trial. This right reflects that… Read more »
Posts Categorized: Criminal Law
Remembering Sydney’s Bunny Killer: The Crime of Aggravated Cruelty to Animals
By Paul Gregoire and Ugur Nedim The Rocks police began surveilling a Sydney finance company director in August 2005, after officers received a tip-off from a local pet store owner, who’d noticed marks on the man’s face “consistent with rabbit scratches”, as he was purchasing one using his company credit card. At the time, police… Read more »
‘Stealing’ Property You’re Owed Is Not A Crime: The Claim of Right Defence
By Paul Gregoire and Ugur Nedim In the late 1990s, Renee Fuge was at a friend’s place when another guest, Ms B, told those present that she’d been sacked from Maitland Hungry Jacks for lateness. The woman added that she still hadn’t been paid for her last shifts at the restaurant. As the night wore… Read more »
The Law Relating to Search Warrants in NSW
By Paul Gregoire and Ugur Nedim The Australian white supremacist who stands accused of cold-bloodedly gunning down 50 prayer attendees at two Christchurch mosques on 15 March has lodged a complaint with officials at Auckland prison regarding his treatment inside. The 28-year-old Anglo Australian man from Grafton has complained that he has no access to visitors,… Read more »
Money Laundering: The Crime of Hiding Illegally Sourced Funds
By Paul Gregoire and Ugur Nedim Detectives from the State Crime Command’s strike force Quinlan raided the Doonside home of Shalin Patel last Tuesday. Police arrested the 22-year-old in relation to his alleged involvement in an identity theft syndicate. The police claim that those involved in the scam ported more than 70 individual’s mobile phones from… Read more »
The Ellis Defence: How the Church Avoided Paying Child Sexual Abuse Victims
By Paul Gregoire and Ugur Nedim John Ellis was a senior altar boy at the Christ the King Parish of the Catholic Church in Bass Hill, when in 1974, then Archbishop of Sydney James Freeman appointed Father Aidan Duggan to work at the church. Soon after his arrival, Father Duggan took a special interest in 13-year-old… Read more »
The Crime of Murder in New South Wales
By Paul Gregoire and Ugur Nedim Michael Murphy died of natural causes at Long Bay prison hospital on 21 February. The 65-year-old was one of a group of five men found guilty of committing the horrific sexual assault and murder of Sydney nurse Anita Cobby. On the night of 2 February 1986, Murphy, two of his… Read more »
From Committal to Verdict: The Criminal Trial Process in NSW
By Paul Gregoire and Ugur Nedim A NSW District Court jury found former Australian Taxation Office deputy commissioner Michael Cranston not guilty of misusing his position to benefit his son on 15 February 2019. Following the verdict’s delivery, the 40-year ATO veteran held back the tears in the dock at Sydney’s Downing Centre District Court. During… Read more »
An Inmate’s New Sentence Does Not Need to Run Consecutively
By Paul Gregoire and Ugur Nedim On 15 July 2015, inmates Brandon Moussa and Michael De Gruchy were standing in a corridor close to a public phone box at Parklea Correctional Centre. The pair were out of their cells as it was recreation period. Moussa grabbed De Gruchy, pushed him up against the wall and… Read more »
Manslaughter Sentence Reduced as Judge Strayed From the Facts
By Paul Gregoire and Ugur Nedim At around 1 am on 3 August 2013, Allira Holt arrived at Louise Bodeker’s unit on Astoria Circuit in Maroubra to pick up Allira Green, who was about five months pregnant. Green and Bodeker – who’d both been consuming ice – decided they’d both go back to Holt’s place… Read more »