Posts Categorized: NSW Courts

NSW Court of Criminal Appeal Court Reduces “Crushing” Sentence of Convicted Fraudster

Supreme Court NSW

By Paul Gregoire and Ugur Nedim A Ponzi scheme is a type of fraud whereby a person who claims to be a successful investor lures victims into providing their funds for false business ventures. As the original investors spread the word about their above-market returns, they attract new investors whose funds are then used to… Read more »

Can I Sue My Lawyer for Negligence? Advocates Immunity in Australia

Lawyer writing

By Paul Gregoire and Ugur Nedim In 1996, Mr D’Orta-Ekenaike was charged with rape. So, the Melbourne man sought legal assistance from Victoria Legal Aid, which subsequently retained the services of a barrister. And despite the accused claiming innocence, this barrister advised him to plead guilty, as he had no defence. D’Orta-Ekenaike then pleaded guilty… Read more »

The Ten Commandments of Evidence-In-Chief

Questioning witness

By Paul Gregoire and Ugur Nedim Evidence-in-chief involves a witness being questioned in court by the party that called them to appear. Also referred to as examination-in-chief, this initial questioning establishes the foundation of either a defence or prosecution case, and it occurs prior to cross-examination. There are limitations to the type of questions a… Read more »

NSW DPP Prosecuting Guidelines Part 3: Charge Negotiations, Vulnerable and Unrepresented Defendants, Judge-Alone Trials, Jury Selection, Retrials, Proceeds of Crime and the Media

Artworks at Downing Centre

By Paul Gregoire and Ugur Nedim In carrying out its operations, the Office of the Director of Public Prosecutions (ODPP) follows the procedures set out in the ODPP Prosecution Guidelines. This article is the final in a series summarising the processes and principles set out in the document, which govern the independent body that prosecutes… Read more »

The NSW Local Court Practice Note for Criminal Proceedings Part 2: Vacating Hearings, AV Links, Mental Illness and Media Recordings

Downing Centre

By Paul Gregoire and Ugur Nedim Updated on 23 October 2020, the Local Court Practice Note Crim 1 is a document that details how the NSW Local Court organises proceedings around the hearing of criminal offences that are to be tried summarily. As the first article in the series outlines, this involves dealing with less… Read more »

The NSW Local Court Practice Note for Criminal Proceedings Part 1: Summary, Table and Commonwealth Procedures, Mentions and Notices of Appearance

Downing Centre window

By Paul Gregoire and Ugur Nedim. A practice note is a guide produced by a court to set out how it manages its cases and the procedures that apply. The Local Court Practice Note Crim 1 is the document setting out criminal case management within the NSW Local Court. And it was updated on 23… Read more »