Posts Categorized: Criminal Law

The Shepherd Direction: Fundamental Facts Must Be Proved Beyond Reasonable Doubt in Circumstantial Cases

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

Driver Asleep

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

Sentencing considerations

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

Consciousness of Guilt

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 »

A Summary of the New South Wales Police Use of Force Manual

Covid police

By Paul Gregoire and Ugur Nedim The 2022 NSW Police Use of Force Manual opens by advising that when engaging in physical confrontation officers shouldn’t be concerned with future criticism, but instead ensure that no more force than reasonably necessary is applied when carrying out duties safely and effectively. The sole NSW police oversight body, the Law… Read more »

Expired Apprehended Violence Orders Cannot Be Revoked, Supreme Court Rules

Law courts

By Paul Gregoire and Ugur Nedim In late 2018, Robert Wass pleaded guilty to common assault, contrary section 61 of the Crimes Act 1900 (NSW), in relation to his having punched his nephew in the face, after catching him hunting pigs on his property without permission. The young man punched his uncle back for good measure…. Read more »

Defendant Found Not Guilty of Drug Charges as Search of Vehicle Was Illegal

Handbag in car

By Paul Gregoire and Ugur Nedim At about half past midnight on 28 January 2018, NSW police constable Ward, senior constable Aston and probationary constable Pranic were patrolling the Sydney suburb of Paddington in an unmarked car, which had been driving behind a grey Mazda, prior to turning onto another street. However, as Ward later claimed,… Read more »

A Magistrate Who Refuses a Mental Health Application Can Hear a Subsequent One

Law books

By Paul Gregoire and Ugur Nedim Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client.  The… Read more »