Posts Categorized: Criminal Law

One-Punch Offender Loses Appeal

Law courts sign

By Paul Gregoire and Ugur Nedim After hearing the news that his recently deceased father’s ashes had been misplaced, James Longworth met with friends at a bar in the Sydney CBD on 6 September 2013. The group watched a football match and drank a large amount of beer. They moved onto to another bar, where… Read more »

NSW Court Confirms that a Substantial Drug Supply Does Not Necessarily Require Prison

Window of the Law Courts

Paul Gregoire and Ugur Nedim On 23 August 2017, NSW Criminal Court of Appeal (NSWCCA) Justice Carolyn Simpson found that a precedent followed since the 1990 case of R versus Peter Michael Clark was a “judicially imposed constraint” which is inconsistent with the state’s prevailing sentencing legislation. Referred to as the “Clark principle,” the rule outlined that… Read more »

Abuse of Trust: A Significant Aggravating Factor in Indecent Assaults

Male masseur

By Paul Gregoire and Ugur Nedim Between 23 April and 12 June 2014, Central coast physiotherapist Youngjin Jung indecently assaulted seven patients at his Ocean Beach Rd practice in Umina. Over that time, Mr Jung carried out twelve inappropriate acts upon clients with “no professional justification” for doing so. On several occasions, Mr Jung exposed… Read more »

Drug Dealing Does Not Necessarily Warrant Imprisonment

Supreme Court of NSW

By Paul Gregoire and Ugur Nedim Last week, the NSW Court of Criminal Appeal (NSWCCA) determined that a precedent followed by the state’s courts had become a “judicially imposed constraint”. That rule stated that a person convicted of a substantial drug supply must be sentenced to full time imprisonment unless there were ‘exceptional circumstances’. Over… Read more »