Posts Categorized: NSW Courts

The Defence Is Entitled to All Sufficiently Relevant Material, Including in Sexual Offence Cases

Subpoena

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

Proof in Circumstantial Cases

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 NSW Doli Incapax Legislative Framework and Related Youth Offender Amendments  

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

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 »

Severity Appeal Succeeds as Sentencing Judge Failed to Consider Alternatives to Prison

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

Train station

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 »