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 »
Posts Categorized: Criminal Law
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 »
The ABF’s Powers to Search and Seize Electronic Devices, Require Passwords and Copy Data
By Paul Gregoire and Ugur Nedim Australian Border Force officers performed warrantless searches of 41,410 electronic devices belonging to passengers at international airports from January 2017 through to December 2021. These searches involved smartphones, laptops and other devices, such as removable storage drives. Obtained by IT News via a freedom of information request, these figures provide a… Read more »
A “Travesty”: Magistrate Finalises Case in Three-Minutes Without Prosecutor or Reasons
By Paul Gregoire and Ugur Nedim “Several remarkable things happened in the Dubbo Local Court that day”, said NSW Supreme Court Justice Peter Hamill at the outset of his 1 June final findings in regard to the 11 February 2022 NSW Local Court case R versus Faiva Peckham. His Honour last week described the three-minute-long case presided… Read more »
NSW Police Given the Power to Search Past Drug Offenders Without a Warrant
By Paul Gregoire and Ugur Nedim In mid-May, news hit that western Sydney is in the grips of a gang war, which involves feuding between the Alameddine and Hamzy families, and has resulted in 13 dead gang members. So, the NSW Police Force has launched Taskforce Erebus in response. In its first week, Erebus had reportedly… Read more »
Dutton’s Loses Defamation Case as Tweet Hadn’t Implied Anything Untrue
By Paul Gregoire and Ugur Nedim Dedicated refugee rights advocate Shane Bazzi posted a tweet late night on 25 February last year, which stated, “Peter Dutton is a rape apologist”. The tweet also featured a link to a June 2019 Guardian article titled, Peter Dutton Says Women Using Rape and Abortion Claims as Ploy to Get… Read more »
The Criminal Offence of Contravening an Australian Sanction
By Paul Gregoire and Ugur Nedim As is well understood, Australia, along with the EU, the US, the UK, NZ, and a number of other nations, such as Japan and South Korea, have placed heavy sanctions upon the Russian Federation to punish it over its invasion of Ukraine. India has not, but our PM Scott Morrison… Read more »