By Paul Gregoire and Ugur Nedim Ibrahim Ghazzawy was living in Sydney and is said to have adopted the Islamic State political outlook by the age of 18, at which point, in early 2014, he had his passport seized by Australian authorities as he planned to fly to Morocco, as it was claimed he sought… Read more »
Posts Categorized: NSW Courts
NSW Supreme Court Refuses to Invalidate Remaining COVID Fines
By Paul Gregoire and Ugur Nedim NSW police issued Angelika Kosciolek with a $3,000 fine at Thegoa Lagoon, which is on the outskirts of the town of Wentworth in far western NSW. The 13 September 2021 penalty notice was issued in relation to the offence described as “Leave Greater Sydney for Prescribed Purposes Without Permit”…. Read more »
AI Generated and Digitally-Translated Character References Aren’t Acceptable in Court
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
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 »
Wiradjuri Mother Granted Permission to Appeal Order Placing Kids in Overseas Care
Wiradjuri woman DN came to the notice of the NSW welfare officers in October 2009, which led to the imposition of a care order in relation to her two children, under the terms of section 61 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the Care Act). The New South Wales Children’s… Read more »
Criminal Offence Against Protesting is Partially Unconstitutional, NSW Supreme Court finds
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
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
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
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 »
Lengthy Compliance with Bail Does Not Justify Relaxation of Bail Conditions
By Paul Gregoire and Ugur Nedim On 5 May 2021, NSW police arrested Luke Sparos in relation to the 6 November 2020 shooting death of Samir Marcus, and officers subsequently charged the man with intent to murder and attempting to pervert the course of justice. The second offence Sparos is facing relates to an incident that… Read more »