Posts Categorized: Criminal Law

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 »

Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence

Police Officer

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

Justice scales

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 »

Police Cannot Enter Private Land Without a Warrant If Prohibited by a Trespass Sign

No trespassing

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 »

Questioning Ruled Inadmissible as ASIO Agents Had Effectively Kidnapped the Suspect

ASIO

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 »