Posts Categorized: Criminal Law

Sydney Lawyer Struck Off for Stealing from Mother’s Estate

Sydney Lawyer

By Paul Gregoire and Ugur Nedim Former sole principal at Lane Cove legal practice Leslie Hargrave Lawyers, James Leslie recently had his name struck off the roll of solicitors kept by the NSW Supreme Court, as it was found he’d mishandled trust money in numerous ways, which constituted professional misconduct. In late 2016, Leslie was… Read more »

The Xiao Error: Failing to Discount for Guilty Pleas in Commonwealth Cases

Courtroom scales

By Paul Gregoire and Ugur Nedim On sentencing Torikai Walsh, NSW District Court Judge Clive Jefferies accepted that the 27-year-old Coffs Harbour local had acted under duress, when facilitating the importation of cocaine, which was secreted within consignments in various “sophisticated ways”. Walsh had become involved in the drug importation ring after being threatened with… Read more »

NSW Lawyer Struck Off for Misappropriating Trust Money

Lawyer standing

By Paul Gregoire and Ugur Nedim According to section 302(1)(f) of the Legal Profession Uniform Law (NSW), if a lawyer is found guilty of “unsatisfactory professional conduct or professional misconduct”, the NSW Civil and Administrative Tribunal (NCAT) can recommend that their name be removed from the roll of lawyers. The NSW Supreme Court maintains the… Read more »

Are Non-Lawyers Allowed to Give Legal Advice?

Legal advice

By Paul Gregoire and Ugur Nedim In December 2012, the Legal Practice Board of Western Australia charged two men with engaging in legal practice despite being unqualified to do so. The pair of non-lawyers had provided legal advice to a husband divorcing his wife and charged $5,000 for the service. The non-lawyers engaged in the… Read more »

Guilty Plea Overturned Due to Criminal Defence Lawyer’s “Seriously Flawed” Advice

Downing Centre Court Complex

Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »