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 »
Posts Categorized: NSW Courts
Judges Must Consider Whether Prison Terms Can Be Served as Intensive Correction Orders
Emma Stanley became aware that her cousin Seth Harvey had stored firearms, firearms parts and ammunition in the back of a vehicle in her yard and in a manhole under her home in the north central NSW regional town of Dubbo on 18 March 2019. As it turned out, Stanley’s cousin was storing the guns… Read more »
The Fact an Offence Reduces the Likelihood of Parole is a Mitigating Factor on Sentence
By Paul Gregoire and Ugur Nedim Fayez Hatahet travelled to Syria on an Air Jordan flight on 25 September 2012, as he was attempting to secure the release of his brother-in-law, whom he believed was being held by an armed group in that country. However, on arrival, Hatahet went on to engage in hostile activities… Read more »
Past Offending is Irrelevant When Assessing the Objective Seriousness of a Crime
By Paul Gregoire and Ugur Nedim Over 20 January 2021 to 16 June 2022, NSW woman Rania Bazzi perpetrated a string of offences that Justice Richard Button of the NSW Court of Criminal Appeal (NSWCCA) went on to describe as crimes that were not “of the utmost gravity”, but the nine offences she plead guilty… Read more »
The Principles that Apply to Sentencing Aged Offenders in NSW
By Paul Gregoire and Ugur Nedim After having gone to the bathroom late night on 31 March 2020, Zhiyun Liu returned to bed, equipped with a meat tenderiser and a long knife, and commenced bashing his wife, Ming Zhu Lu, about the head with the mallet and he stabbed her in the sternum and deep… Read more »
Testimony Suggesting Potential Past Criminal Conduct Enough to Warrant Retrial
By Paul Gregoire and Ugur Nedim The National Australia Bank in Seven Hills was held up on 6 June 2012, just before quarter to three in the afternoon, when a stolen Mercedes pulled up out the front, and two men with face coverings jumped out and ran into the building in an attempt to secure… Read more »
NSW Chief Justice Issues Guidance on Use of Generative Artificial Intelligence in Court
By Paul Gregoire and Ugur Nedim Generative artificial intelligence, or Gen AI, is part of the broader AI computer science, which is geared to machine learning and problem-solving, and it focuses on the creation of new content, which can include visual images, audio or text. And there are a number of well-known platforms that can… Read more »
Being a Victim of Domestic Violence Can Amount to a Mitigating Factor on Sentence
By Paul Gregoire and Ugur Nedim Rebecca Payne made a second batch of biscuits on 1 September 2020, after acquiring a new recipe from a friend a few days prior, except this time, she laced the icing on one of the biscuits with several crushed temazepam pills she’d been prescribed for insomnia and fed it… Read more »
Conditions Imposed on Former Immigration Detainees are Unlawful, High Court Rules
By Paul Gregoire and Ugur Nedim The High Court of Australia found on 6 November 2024 that the imposition of curfews and electronic monitoring that the Australian executive government had legislated as warranted in regard to some of a cohort of former immigration detainees released since November 2023 is illegal, as applying these punitive measures… Read more »
A Prison Sentence Can Only to Be Imposed If No Other Penalty Is Inappropriate
By Paul Gregoire and Ugur Nedim Yvette Blanch was in the passenger seat of a vehicle in the NSW town of Muswellbrook, when her partner was pulled over by NSW police on 14 October 2015, and on searching the car, officers found two firearms belonging to her partner. Following the vehicle being impounded, a metal… Read more »