Posts Categorized: NSW Courts

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 »

The NSW Laws Relating to Unlawful Assemblies

Crowd protest

By Paul Gregoire and Ugur Nedim The huge Sydney anti-lockdown rally on 24 July was classed as an unlawful assembly. The NSW Police Force had rejected an application to hold the march, which contravened stay-at-home orders designed to stop the spread of the COVID-19 Delta variant. At the time of the demonstration, Public Health (COVID-19 Additional… Read more »

Federal Court Labels Illegal Robodebt Extortion Scheme a “Massive… Stuff-Up”

Federal Court Perth

By Paul Gregoire and Ugur Nedim In his 11 June ruling on the class action taken against the Coalition government’s Centrelink robodebt scheme, Federal Court Justice Bernard Murphy said that rather than “a conspiracy”, he found the unlawful automated debt collection initiative to be “a stuff-up”, albeit “a massive one”. Initiated by then social services… Read more »

Questions Remain After Judge Corrects Sentencing Error for Manslaughter of Transgender Woman

Transgender manslaughter

By Paul Gregoire and Ugur Nedim On the afternoon of 20 September 2019, 31-year-old RAAF corporal Rian Toyer became aware that Mhelody Bruno was continuing to use Grindr, despite the pair having met on the app three weeks prior and been in an intimate relationship ever since. The pair argued. Toyer removed Bruno’s belongings from… Read more »