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 »
Posts Categorized: Criminal Law
Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy?
By Paul Gregoire and Ugur Nedim When a gossip columnist for a prominent Australian masthead was made aware that a leading local star with global reach was gay, he gave her a heads up and requested comment, prior to exposing her secret, and when she then pipped him to the post, he felt entitled to publicly… Read more »
Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence
By Paul Gregoire and Ugur Nedim The overbearing law enforcement approach to the COVID pandemic, which had a focus on criminalising those who didn’t follow health restrictions, via the widespread imposition of draconian fines that were issued seemingly with no discretion and in the most absurd of circumstances. Following the passing of the pandemic, as… Read more »
Young Man Acquitted of Murder, After Key Witness Exposed as a Police Informant
By Paul Gregoire and Ugur Nedim In the early hours of 21 April 2008, a series of altercations between two groups of young men and youths in the vicinity of Granville railway station took place. One group, described as being of “Islander appearance”, included Edward Spowart and Firoz Mohammed, while the other, said to be… Read more »
Prosecution Must Prove Date of Alleged Criminal Offence
By Paul Gregoire and Ugur Nedim In February 2019, a then 15-year-old girl began karate classes taught by NSW instructor Mark Passmore for “about three weeks” commencing on the 4th of that month. The teen complained to NSW police on the 19th, that the then 66-year-old man had made an indecent comment to her. During… Read more »
What is a Conspiracy in New South Wales Criminal Law?
By Paul Gregoire and Ugur Nedim Emmanuel Rubasha and Obed Guise were in Bankstown on the evening of 20 November 2019, waiting for Jesse Curuenavuli to pick them up in his mother’s car. Travelling with Curuenavuli were two others, Brooke Mohi and Albert Nitiva. The trio travelling in the car collided with another in Bankstown,… Read more »
Police Cannot Enter Private Land Without a Warrant If Prohibited by a Trespass Sign
By Paul Gregoire and Ugur Nedim Along with senior constable Rankin, then NSW police acting sergeant Fahey attended a NSW Northern Rivers region property at Warrazambil Creek on 24 August 2021, in relation to an email detective inspector Greenwood received suggesting a potential illegal gathering may take place. The legality of the gathering or possible… Read more »
What Are the New Sexual Consent Laws in New South Wales?
By Paul Gregoire and Ugur Nedim In response to a broad debate about sexual violence towards women both globally and across the country, as well as a local focus around the 2013 alleged Lazarus sexual assault case in Kings Cross, new sexual consent laws took effect in NSW on 1 June last year. Passed in November the… Read more »
Fresh Evidence Can Be Tendered on Appeal in Rare and Exceptional Cases
By Paul Gregoire and Ugur Nedim In early 2018, Sydney man James Barnes spotted a woman walking alone through Sydney University at around 8 pm. After having finished work for the day, she was making her way towards Parramatta Road in order to catch a bus to Ashfield, where she lived. Barnes followed her, catching… Read more »
Questioning Ruled Inadmissible as ASIO Agents Had Effectively Kidnapped the Suspect
By Paul Gregoire and Ugur Nedim Prior to empanelling a jury for the 2007 trialling of Izhar Ul-Haque on a charge of training with a known terrorist organisation, NSW Supreme Court Justice Michael Adams had to make voir dire determination, which is a decision on whether evidence before a court is admissible. The evidence in question… Read more »