Peter Foster’s trail of cons and aliases goes back decades, but now some of his victims are set to receive a portion of their money back after the NSW Supreme Court ordered they be reimbursed more than $10 million. Supreme Court Justice Michael Ball ruled in favour of civil action brought by 165 investors against… Read more »
Posts Categorized: NSW Courts
Domestic Violence Sentence Stands as a Deterrent, Despite Muldrock Error
By Paul Gregoire and Ugur Nedim On 10 December 2006, Theodore Efthimiadis was standing on a platform at Central Station waiting for a train to the Central Coast. He looked to his side and noticed an old acquaintance he’d met in prison 20 years earlier. That person was later referred to as ‘Mr X’ during… Read more »
Oral Sex on Drunk Men Can Be Just As Serious As Sexual Penetration, Court Finds
By Paul Gregoire and Ugur Nedim A jury found Hoe Fatt Lee guilty of three counts of sexual intercourse without consent, as under section 61I of the NSW Crimes Act 1900, which provides that a person who has sexual intercourse with another person without consent, consent without admission, is liable to up to 14 years imprisonment. On 26… Read more »
NSW Supreme Court Rejects Council Merger Plans
The remaining council merger plans of the the NSW government have been thrown into question after the NSW Supreme Court ruled that the process did not accord with procedural fairness. The Ku-ring-gai council has won its appeal against a proposed merger with Hornsby Council, with the court criticising the secrecy of the process. The ruling casts… Read more »
Sleepwalking Assailant Found Not Guilty
By Paul Gregoire and Ugur Nedim Jacob Holland entered the house of a neighbour in Coffs Harbour on November 9 2014. The 21-year-old man had never been to the residence before, nor did he know the family who lived there. He made his way in through a backdoor that had a faulty lock, and was… Read more »
Grievous Bodily Harm: That Bone of Contention
By Paul Gregoire and Ugur Nedim Late on the night of February 12, 2013, Jason Dewey heard voices coming from several men gathered out the front of his wife’s Cessnock home. The men were making threatening remarks directed towards him. After going out onto the front veranda, Mr Dewey saw a group of ten men,… Read more »
‘Disrespectful Behaviour’ Now a Crime in NSW
Last year, NSW Attorney-General Gabrielle Upton foreshadowed new laws to make it a criminal offence to engage in ‘disrespectful behaviour’ inside the courtroom. The proposal was in response to a number of high-profile cases where defendants refused to stand for judges in court. During his trial, Milad bin Ahmad-Shah al-Ahmadza, accused of shooting a man outside… Read more »
Extended Joint Criminal Enterprise: High Court Refuses to Follow UK’s Lead
The High Court has refused to overturn the controversial principle of extended joint criminal enterprise (EJCE) in the recent criminal case of Miller vs The Queen. The Court had the chance to remove or at least amend the principle to fall in line with the recent UK case of R v Jogee, where it was… Read more »
New Laws to Control What You Do at Home
A suite of new strata laws were passed by the NSW parliament on August 12. The 90-odd changes outlined in the Strata Schemes Management Regulation 2016 are said to provide a modern framework for people living in apartments and townhouses. Some of the key changes to strata laws include a more streamlined process for collective… Read more »
Jury Hears Worst Child Sexual Abuse Case Ever
Lawyers and court staff are describing the trial of two parents accused of ongoing child sexual abuse as “the worst ever heard”. The horrific allegations were ventilated in Sydney’s Downing Centre District Court, where the girl’s father and mother stood trial over the past 12 weeks. The parents were charged with a total of 89… Read more »