Posts Categorized: NSW Courts

NSW District Court Cannot Hear Appeals Limited to Local Court’s Refusal to Order Costs

Downing Centre Court

By Paul Gregoire and Ugur Nedim Natalia Mikhaylova faced a Local Court defended hearing over two counts of common assault, which is an offence under section 61 of the Crimes Act 1900 (NSW) carrying a maximum penalty of 2 years in prison. The charges were dismissed by the NSW Local Court in November 2023, as… Read more »

AI Generated and Digitally-Translated Character References Aren’t Acceptable in Court

Chat GPT laptop

By Paul Gregoire and Ugur Nedim “In my view, it is clearly inappropriate that personal references used in sentencing proceedings are generated by, or with the assistance of” a large language model program, determined ACT Supreme Court Justice David Mossop two weeks ago. And as to why, his Honour explained that “if they are not… Read more »

Bromley Versus the King: Australia’s Worst Miscarriage of Justice Continues

Miscarriage of Justice

By Paul Gregoire and Ugur Nedim Ngarrindjeri and Narungga man Derek Bromley was sentenced to life imprisonment by the South Australian Supreme Court on 14 March 1985, for the murder of Stephen Docoza, who was bludgeoned to death on 4 April 1984 and was found floating in Adelaide’s River Torrens days later. Bromley’s case is significant as… Read more »

Criminal Offence Against Protesting is Partially Unconstitutional, NSW Supreme Court finds

NSW antiprotest laws

By Paul Gregoire and Ugur Nedim The NSW antiprotest regime has partially fallen over in the face of a NSW Supreme Court challenge that was raised in October 2022, after the Perrottet government, with the unquestioning support of the Labor opposition, passed laws that effectively wiped out unapproved disruptive protests. The legal challenge was brought by two… Read more »

The Reasons the High Court Ruled Indefinite Detention Is Unlawful in Australia

Indefinite detention

By Paul Gregoire and Ugur Nedim The High Court released its full findings into the case NZYQ versus the Immigration, Citizenship and Multicultural Affairs Minister on 28 November, which was a determination that saw the nation’s top court rule that the executive doesn’t have the power to detain asylum seekers indefinitely. The full bench of the… Read more »

Parity in Sentencing: Youth Sentence Reduced to Reflect Co-Accused’s Successful Appeal

Parity in Sentencing

By Paul Gregoire and Ugur Nedim At about 9.50 pm on 16 December 2021, Jordan Campton, Brayden Taylor and Brock Ruwoldt were leaving the Events Cinema at Liverpool’s Westfield Shopping Centre, when they were set upon by a group of six male youths, who cornered and then began harassing them. One of the teen assailants,… Read more »

Politicians Don’t Have the Power to Revoke Australian Citizenship, High Court Rules

Australia Passport

By Paul Gregoire and Ugur Nedim Algerian national Abdul Benbrika immigrated to Australia in 1989 and became a citizen in 1998, in line with section 15 of the Australian Citizenship Act 2007 (Cth) (the Act), which involved pledging allegiance to the nation. And he also maintained his Algerian citizenship. Benbrika was found guilty by a Supreme Court… Read more »