Posts Categorized: NSW Courts

Sentence Reduced as Judge Overstated the Objective Seriousness of the Offence

Supreme Court window

By Paul Gregoire and Ugur Nedim At around 9.50 pm on 24 June 2017, Jayden Mason was forcibly ejected from the Wyong Leagues Club for being drunk and disorderly. On his way out of the premises, the 21-year-old commenced threatening staff, and as he walked down Lake Haven Drive, he continued this same behaviour with… Read more »

NSW Law Society and Bar Association tell Police Minister to Stop Spreading Misinformation about Bail

Bail

By Paul Gregoire and Ugur Nedim Right now, those profiteering from the NSW prison boom must be rubbing their hands together with glee, as both major parties have stated that a number of recent bail decisions are reason to consider strengthening state bail laws, despite 2014 reforms having flooded facilities with remandees. The recent spat… Read more »

Personal Factors Cannot Affect the Objective Seriousness of an Offence

Unequal scales of justice

By Paul Gregoire and Ugur Nedim Moustaffa Zreika was driving a 6.5 tonne Hino Tipper truck down Burnett Street in Sydney’s Merrylands on 22 July 2017, when the vehicle crossed the double lines down the centre of the road, whilst attempting a slight left-hand bend. The truck sideswiped an oncoming car and then continued down… Read more »

Sentencing Courts Cannot Draw Adverse Inferences From a Defendant’s Decision Not to Testify

High Court of Australia

By Paul Gregoire and Ugur Nedim After being found unconscious at his mother’s Biggera Waters home on the Queensland Gold Coast, 4-year-old Tyrell Cobb passed away in hospital on 24 May 2009. The child died as a result of two abdominal injuries caused by blunt force trauma, which occurred within 48 hours of his death…. Read more »

A Prosecutor’s Duty of Disclosure in the NSW Local Court

Law book and a scale

Legal Aid NSW solicitor Tim McKenzie emailed Wollongong police senior sergeant Ryan on 4 April 2019 to remind the most senior police prosecutor at the local station about the duty of disclosure requirements that prosecutors in NSW Local Courts must adhere to. The prosecution in general must follow a duty of disclosure when undertaking a… Read more »

High Court Finds Media Organisations Are Liable for Third Party Comments

High Court of Australia

By Paul Gregoire and Ugur Nedim Dylan Voller came to national attention after footage of the abuse he suffered at the hands of youth justice officers at Darwin’s Don Dale Youth Justice Detention Centre were aired by the ABC in mid-2016. The public outcry in relation to the abusive practices being meted out upon children… Read more »