Posts Categorized: Drug Law

Retrial Ordered for Drug Importation Case as Judge Incorrectly Explained Law to Jury

Appeal court

By Paul Gregoire and Ugur Nedim Timothy John Engstrom was running a business called Bungendore Landscape Supplies, together with business partner Adam Hunter in June 2019, when the latter decided to import a Caterpillar excavator from overseas, whist it had 384 packets of cocaine secreted in the arm of the vehicle. The total pure weight… Read more »

Drug Offence Appeal Highlights Difficulties in Establishing Parity in Sentencing

Supreme courts window

By Paul Gregoire and Ugur Nedim Toby Weekes, Jackson Chaker and a number of other individuals had been engaged in an unlawful commercial cannabis enterprise in regional communities in central west New South Wales over 2021 through to 2022. And after the operation was closed down, Weekes was charged with four counts of supplying a… Read more »

Severity Appeal Against Drug Importation Succeeds as Judge Failed to Properly Sentence

Cocaine importation

By Paul Gregoire and Ugur Nedim Nine hundred cartons of wine, which contained 123 kilograms of pure cocaine dissolved in an aqueous ethanol solution within 42 dozen of the bottles, arrived in Australia on a ship sailing from South America on 14 September 2012. The Australian federal police seized the consignment and extracted the cocaine… Read more »

Appeal Against Commercial Drug Importation Succeeds as Judge Misdirected the Jury

Law courts

By Paul Gregoire and Ugur Nedim Following an investigation by the Australian Federal Police (AFP), the Royal Canadian Mounted Police intercepted a commercial dough mixer on 27 September 2021, which had been bought by local business Nella Cutlery, from another in the Canadian city of Toronto to be shipped to the Australian city of Brisbane,… Read more »

An Evaluation of the NSW Drug Supply Prohibition Order Pilot Scheme

An Evaluation of the NSW Drug Supply Prohibition Order Pilot Scheme

By Paul Gregoire and Ugur Nedim An appraisal of the Berejiklian government enacted two-year drug supply prohibition order (DSPO) pilot scheme, which commenced in May 2022 in four regions throughout New South Wales, has found that although the initiative resulted in a “small number of orders and convictions made”, most stakeholders consulted on its effectiveness… Read more »

Drug User Convicted of Manslaughter for Supplying Drugs Causing Death Succeeds on Appeal

Friends socialising

By Paul Gregoire and Ugur Nedim Serotonin is a chemical in the brain that puts a person in a good mood. A lack of serotonin can make a person depressed. The drugs Moclobemide and Venlafaxine can be used to treat low serotonin levels. And a combination of these drugs can produce a psychoactive reaction, making… Read more »

Sentencing Judges Must Make Clear That Mitigating Factors Were Considered

Sentencing proceedings NSW

By Paul Gregoire and Ugur Nedim On 28 October 2022, Abbrar Abbas arrived at Sydney Airport, after two days in Fiji. On collecting his baggage and presenting his incoming passenger card to an Australian Border Force officer, the International student was taken to a baggage examination area, and a bottle of yellow liquid was found… Read more »

The Difference Between Cannabis Leaf and Plant for the Purpose of NSW Drug Offences

Cannabis plants

By Paul Gregoire and Ugur Nedim New South Wales police officers attended the residence of Jason Fear on 3 August 2021 to conduct a routine inspection under the Child Protection (Offenders Registration) Act 2000 (NSW), which establishes the NSW Child Protection Register that lists former inmates who’ve offended against children in a sexual or other… Read more »

Drink Driving and Drug Driving Laws in NSW: An Inconsistent and Unjust Regime

Driving Offences

“The risk of being involved in a serious car accident increases significantly when the driver’s blood alcohol range substantially exceeds the basic legal limit,” outlines a 2023 NSW Bureau of Crime Statistics and Research report on sentencing high range prescribed concentration of alcohol drivers. “In particular”, underscored the BOCSAR researchers David Saffron and Marilyn Chilvers,… Read more »

The Injustice of NSW Drug Driving Laws Has Been Compounded

Drug Driving

By Paul Gregoire and Ugur Nedim In a 4 July 2022 letter on drug driving laws, Drive Change campaign lead David Heilpern explained to NSW Labor MLC Chris Rath that when he was a NSW Magistrate, he’d sentenced “literally hundreds of defendants”, who were on cannabis medicine yet convicted over drug driving. Indeed, part of… Read more »