By Paul Gregoire and Ugur Nedim The NSW antiprotest regime has partially fallen over in the face of a NSW Supreme Court challenge that was raised in October 2022, after the Perrottet government, with the unquestioning support of the Labor opposition, passed laws that effectively wiped out unapproved disruptive protests. The legal challenge was brought by two… Read more »
Posts Categorized: Criminal Law
New Tougher Laws Against Hate Speech in NSW: A Kneejerk Reaction to a Likely False Flag
By Paul Gregoire and Ugur Nedim On the last parliamentary sitting day in NSW for 2023, the Minns government successfully passed legislation that served to tighten a hate speech offence, as a safeguard mechanism within it was deemed to have rendered it ineffective and having resulted in a lack of convictions. The offence was tightened during… Read more »
Parity in Sentencing: Youth Sentence Reduced to Reflect Co-Accused’s Successful Appeal
By Paul Gregoire and Ugur Nedim At about 9.50 pm on 16 December 2021, Jordan Campton, Brayden Taylor and Brock Ruwoldt were leaving the Events Cinema at Liverpool’s Westfield Shopping Centre, when they were set upon by a group of six male youths, who cornered and then began harassing them. One of the teen assailants,… Read more »
Australian Offences of Genocide, Aggression, War Crimes and Crimes Against Humanity
By Paul Gregoire and Ugur Nedim Coming into effect on 1 July 2002, the Rome Statute of the International Criminal Court established not only the ICC, but it sets in place the four core international criminal offences of genocide, crimes against humanity, war crimes and the crimes of aggression. The treaty applies to 123 states…. Read more »
Judge Criticises Cowboy Prosecutors and Calls on Government to Pay Defendant’s Legal Costs
By Paul Gregoire and Ugur Nedim Just after 9 am on 28 November 2021, local man Simon Fleming appeared at the intersection of Windang and Acacia Streets in the Wollongong, armed with a bolt action rifle, a gel blaster that appeared to be a self-loading rifle and a silver case resembling an explosive device. Fleming… Read more »
The Shepherd Direction: Fundamental Facts Must Be Proved Beyond Reasonable Doubt in Circumstantial Cases
By Paul Gregoire and Ugur Nedim In the mid-1970s, the “Mr Asia” drug syndicate commenced operations. It was a multi-million-dollar criminal network initially importing cannabis and then heroin from Southeast Asia into Australia, New Zealand and the UK, via Singapore distributor Choo Cheng Kui or Chinese Jack. James “Diamond Jim” Shepherd was initially the network’s banker…. Read more »
The Defence of Automatism: No Criminal Responsibility for Unconscious and Unforeseeable Conduct
By Paul Gregoire and Ugur Nedim At 4.51 am on 19 December 2019, Nicholas Parker was driving his father’s car along Kurrajong Road in the NSW town of Richmond, when the 19-year-old apprentice electrician fell asleep, veered across to the other side of the road and hit two cyclists riding along the shoulder of the… Read more »
Terrorism Offences: Judges Must Properly Consider Mitigating Factors During Sentencing
By Paul Gregoire and Ugur Nedim A 15-year-old male came to the attention of the AFP’s NSW Joint Counter Terrorism Team (JCTT) in May 2015, as he’d been accessing violent Islamic extremist material online. The AFP’s National Disruption Group (NDG) then got in touch with the teen’s family and suggested his father make a plan… Read more »
Conduct Suggesting Consciousness of Guilt Insufficient to Convict, Appeal Court Finds
By Paul Gregoire and Ugur Nedim Just after noon on 10 August 2018, Jeff McKee burst into the Hereford Street home of Blake Davis in Sydney’s Glebe. Davis was eating breakfast with his girlfriend Hannah Quinn, when the intruder, armed with a set of knuckledusters and a handgun, appeared inside the house. McKee screamed at… Read more »
Man Acquitted of Historical Criminal Charges as NSW Police Had Fabricated the Evidence
By Paul Gregoire and Ugur Nedim Eric Honeysett was arraigned and pleaded not guilty before a jury in the Supreme Court of New South Wales on 6 October 1987 for one count of supplying a prohibited drug under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) and one of malicious wounding with… Read more »