By Paul Gregoire and Ugur Nedim The New South Wales Director of Public Prosecutions (DPP) has successfully appealed a decision of a NSW District Court Judge not to remove herself from three cases. The appeal came in the wake of remarks in which the judge was critical of the DPP being published by a NSW… Read more »
Posts Categorized: NSW Courts
The Defence Is Entitled to All Sufficiently Relevant Material, Including in Sexual Offence Cases
By Paul Gregoire and Ugur Nedim After the New South Wales police commissioner refused to produce materials relating to the 2025 arrest of a NSW man charged with offences relating to the sexual abuse of his daughter, which had been requested by the man’s father, who is himself facing child abuse material offences, the NSW… Read more »
Circumstantial Cases: Prosecution Must Prove There Is No Reasonable Hypothesis Other Than Guilt
By Paul Gregoire and Ugur Nedim Mahamad Haouchar was found guilty in respect of six firearm and drug offences in 2025. However, last week the man from the southwestern Sydney suburb of Yagoona successfully appealed his convictions to the New South Wales Court of Criminal Appeal (NSWCCA), as it was found the circumstantial evidence relied… Read more »
The Offence of Drug Importation Requires Proof of Two Mental Fault Elements
In delivering its 12 August 2026 ruling on The King versus Ko, the majority of the High Court dismissed the Crown appeal against the August 2025 decision of the New South Wales Court of Criminal Appeal to quash the drug importation conviction against Tsz Cheung Herman Ko, as the trial judge failed to direct the… Read more »
The NSW Doli Incapax Legislative Framework and Related Youth Offender Amendments
By Paul Gregoire and Ugur Nedim The law in New South Wales has long provided that a child aged under 10 years old cannot be criminally responsible for a crime. And since 1 March 2026, the legislative framework in our state has recognised the legal principle of doli incapax, which presumes that children aged at… Read more »
Judge Removed from Drug Trial Pending Inquiry into Allegations of Past Evidence Fabrication
The New South Wales Criminal Court of Appeal (NSWCCA) ordered that Acting NSW District Court Judge James Bennett be removed from presiding over the trial of Michael Bechara, after the defendant appealed the judge’s decision to refusal his recusal order, which is an order that the judge remove himself from the case, based on the… Read more »
Good Character Will No Longer Be a Mitigating Factor During Sentencing in NSW
Paul Gregoire and Ugur Nedim New South Wales parliament passed legislation on 4 June 2026 that will, upon assent on a yet to be specified date (or 28 days after passing if no date is specified), abolish the ability of the courts to consider whether a person who has pleaded guilty to, or been found… Read more »
Appeal Succeeds as Judge Drew Baseless Adverse Inference During Sentencing
By Paul Gregoire and Ugur Nedim New South Wales man Daryl Young’s Carrai property on the state’s mid-north coast was raided by police on 22 February 2024, after aerial surveillance identified it as the site of a potential cannabis plantation, and what was uncovered was a cultivation and supply operation being run out of a… Read more »
Severity Appeal Succeeds as Sentencing Judge Failed to Consider Alternatives to Prison
By Paul Gregoire and Ugur Nedim Kevin Vazquez checked into the Drummoyne Furnished Apartments on 20 June 2023, and on 21 July, he contacted the manager informing a consignment addressed to an “Alejandro Evans” arriving from the US was his. After arrival, of what was being referred as the “dummy run”, Vazquez took various photos… Read more »
Convictions for Hindering Police and Offensive Language Quashed Due to Illegal Search
By Paul Gregoire and Ugur Nedim On being approached by several New South Wales police officers in Potts Point on 3 October 2023, Daniel Karlsson admitted he did not have a ticket to be travelling on public transport. On hearing this admission, police constable Moriarty asked Karlsson to identify himself, and as the civilian did,… Read more »
