Posts Categorized: Criminal Law

Alleged Whiteley Forgers Acquitted Due to Prosecution’s Omission

Lavender Bay

By Paul Gregoire and Ugur Nedim In late 2007, investment banker and Sydney Swans chairman Andrew Pridham bought the painting Blue Lavender Bay for $2.5 million. The purchase was made on the understanding that the artwork had been painted by renowned Australian artist Brett Whiteley. The late artist’s wife, Wendy Whiteley, paid a visit to Mr… Read more »

Prasad Directions: When the Judge Directs the Jury They Can Return a Not Guilty Verdict

Jury panel

By Paul Gregoire and Ugur Nedim In Australian criminal trials, the Crown (or prosecution) presents its case first – calling its witnesses to testify one at a time. Those witnesses give ‘evidence in chief’ for the prosecution before they are subjected to cross-examination by the defence. After all of the prosecution witnesses have finished testifying,… Read more »

Breaching a Suspended Sentence Doesn’t Necessarily Mean Prison Time

Queen Square Supreme Court NSW

By Paul Gregoire and Ugur Nedim NSW police executed a search warrant at the Woolloomooloo residence of Rachel Jaia Lambert on 29 December 2011. In the apartment, officers found 456 MDMA (‘ecstacy’) tablets, a quantity of cannabis and several items indicating drug supply, including scales and small resealable plastic bags. The total value of the… Read more »

Drugs Being Found in a Common Area is Not Enough to Prove Possession

Lounge room

By Paul Gregoire and Ugur Nedim On 22 March 1978, NSW police detective Watson introduced himself to Edward Paul Filippetti and his mother at Port Kembla Courthouse. The detective explained that he had received information about Mr Filippetti having a large number of “buddha sticks” concealed at his Lake Heights house. Buddha sticks are often made… Read more »

Driver Acquitted Despite Drugs Being Found in Car

Drugs in car

By Paul Gregoire and Ugur Nedim At around 9.30 one morning, NSW police officers were at a flat on Murray Street in Port Macquarie investigating an incident, when the phone rang. An officer answered and told the caller the occupant wasn’t home. The caller rang again two minutes later. This time, the officer recognised the… Read more »