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 »
Posts Categorized: Criminal Law
Gambling Addiction Does Not Lead to a Reduced Sentence
By Paul Gregoire and Ugur Nedim Bruce Alan Johnston was a senior accountant for Newcrest Mining Limited, involved in the development of the Cadia East Mine. Between 1 July 2010 and 27 August 2013, Mr Johnston prepared 156 invoices in the name of Bramph Consultancy Services. But no such entity existed, and the funds were… Read more »
NSW Court Confirms that a Substantial Drug Supply Does Not Necessarily Require Prison
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 »
NSW Court Reduces Murder Sentence on Appeal
By Paul Gregoire and Ugur Nedim Seth Roberts picked up Gordon Reginald Cramp at around 3 am on 21 February 2013. The pair drove to Roberts’ Werrington home, where Mr Cramp injected some ice and smoked cannabis. He’d just had an argument his partner, Rachel Sydenham, who told him to get out of the house…. Read more »
Abuse of Trust: A Significant Aggravating Factor in Indecent Assaults
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 »
Consenting to an Unlawful Search Will Make it Legal
By Paul Gregoire and Ugur Nedim NSW police don’t have the power to randomly search people’s vehicles. If an officer does search a vehicle, they must have a suspicion on reasonable grounds for doing so. The police powers to stop and search people and their vehicles without a warrant are contained in the Law Enforcement… Read more »
Can Charges be Dismissed if Police Get the Details Wrong?
By Paul Gregoire and Ugur Nedim A little after 5.35 pm on 30 March 2015, two NSW police officers came across a truck that had been reported stolen. The vehicle was found parked out the front of the Canterbury Leagues Club on the northern side of Bridge Road. Mr Gholam Chaheh was sitting in the… Read more »
Repeated Unprotected Sex Does Not Prove Deliberate HIV Transmission
By Paul Gregoire and Ugur Nedim On New Year’s Eve 2006, Godfrey Zaburoni met a woman on the Gold Coast and the pair began a sexual relationship a few weeks later that lasted 21 months. Before the relationship began, the woman asked Zaburoni whether he’d been tested for HIV, to which Zaburoni replied that he… Read more »
Not Guilty of Animal Cruelty Due to Mental Illness
By Paul Gregoire and Ugur Nedim NSW police arrested Brendan Francis McMahon in August 2005 and charged him with animal cruelty offences arising from the mutilation of seventeen rabbits and a guinea pig. The carcases of the animals were found strewn around Sydney CBD laneways close to wear Mr McMahon ran a financial planning business… Read more »
Drug Dealing Does Not Necessarily Warrant Imprisonment
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 »