By Paul Gregoire and Ugur Nedim At around 12.30 am on 8 October 2019, Bradley Green turned up at Kayla Lister’s home. The then 24-year-old Green was accompanied by a friend who wasn’t quite 18. Lister too, was with a male younger than 18, as well as a third male, who was about to become the… Read more »
Posts Categorized: Criminal Law
Inmate Released on Appeal, After Trial Judge Misapplied Mental Illness Defence
By Paul Gregoire and Ugur Nedim On 22 September 2017, Nick Masters veered onto the wrong side of Port Macquarie’s Hastings River Drive, and collided head on with a car being driven by a Mr Ashenden, who was killed, whilst his wife, Mrs Ashenden was seriously injured. NSW District Court Judge Mark Marien found Masters… Read more »
The New Offence of Threatening a Criminal Defence Lawyer in New South Wales
By Paul Gregoire and Ugur Nedim Times have certainly changed in the legal realm in terms of who needs protection from whom. Back in the early 1990s, laws were enacted to protect judges, prosecutors, witnesses and others involved in cases against those accused of committing crimes from threats and reprisals that would obviously be perpetrated… Read more »
NSW Police Gifted Draconian Search Powers Relating to Encrypted Devices
By Paul Gregoire and Ugur Nedim The Perrottet government, last Thursday, passed a new encryption-busting bill as part of an ongoing drive by the authorities to get around systems that encode our online communications to keep them out of the view of prying eyes that most often seem to be government and law enforcement. Passed… Read more »
Sentence Quashed After Lawyer Enters Guilty Pleas on Behalf of Client Without Instructions
By Paul Gregoire and Ugur Nedim Central Coast man Paul Stuart had consumed half a bottle of rum on a friend’s boat on the evening of 20 February 2020, when he called a friend to pick him up. The woman arrived at around 9.30 pm and took Stuart to his Brisbane Water home, where the… Read more »
Google Not Liable for Providing a Link to a Defamatory Article, High Court Finds
By Paul Gregoire and Ugur Nedim In a turnaround to the findings relating to other recent internet publication defamation suits, the majority of the High Court recently found that Google, as respondent, wasn’t the publisher of an article listed in its search engine’s results, but rather the tech giant merely facilitated access to it. Melbourne… Read more »
NSW Supreme Court Explains Local Court’s 5 Year Limit on Consecutive Prison Sentences
By Paul Gregoire and Ugur Nedim On 22 September 2019, Cody Perrin was arrested on charges of assault and intentionally or recklessly damaging or destroying property in relation to a domestic situation where an apprehended domestic violence order (ADVO) was in place for the protection of his partner. On 14 January 2020, he was refused… Read more »
Defendant’s Perception Is Crucial When Assessing Manslaughter Based on Excessive Self-Defence
By Paul Gregoire and Ugur Nedim During Paul Newburn’s 16 December 2020 sentencing hearing, it was an accepted fact that in having fatally stabbed Glen Smith in the Lake Macquarie suburb of Bolton Point in January the year prior, the offender had the intention of causing grievous bodily harm rather than death. Newburn and his… Read more »
Calls for Comprehensive Rehabilitation Programs, As Intensive Ones Aren’t Reducing Reoffending
By Paul Gregoire and Ugur Nedim NSW premier Dominic Perrottet has a set of fourteen priorities, one of which aims to reduce the adult recidivism rate in this state by 5 percent by 2023. The recidivism, or reoffending, rate involves the number of inmates leaving prison and being reconvicted within a certain timeframe. Statistics show that… Read more »
The Mandatory Minimum Should Only Be Applied to the Least Serious Offences
By Paul Gregoire and Ugur Nedim NSW police executed a warrant at the home of Enrico Delzotto in the southern NSW town of Mulwala on 1 July 2020. Officers seized the 57-year-old chef’s laptop, tablet and phone, on which, a forensic digital analysis found, there were 2,653 files containing child abuse material. The analysis further… Read more »