By Paul Gregoire and Ugur Nedim A Supreme Court jury found the accused man, Simon Rodden, not guilty of a charge of murder on 22 July 2022, over an incident which was alleged to have occurred in June 2017. The accused was granted legal aid in early 2020, with the terms of the grant requiring… Read more »
Posts Categorized: NSW Courts
Drug Driving is an Absolute Liability Offence, District Court Judge Finds
By Paul Gregoire and Ugur Nedim A man was driving along Cowpasture Road in southwest Sydney’s Horningsea Park, close to midnight on 12 September 2020, when the manner of his driving caught the attention of some NSW police officers, who promptly directed him to pull his utility over. The officers subjected the driver to a… Read more »
Magistrate Slammed for Forcing Defendant to Plead and Disparaging Superior Judges
By Paul Gregoire and Ugur Nedim NSW Magistrate Roger Prowse entered not guilty pleas beside five charges laid against Tray Elwood at Cobar Local Court on 26 October last year, committing the defendant to stand trial in the NSW District Court in relation to three of the criminal offences, while two were to be dealt with… Read more »
Expired Apprehended Violence Orders Cannot Be Revoked, Supreme Court Rules
By Paul Gregoire and Ugur Nedim In late 2018, Robert Wass pleaded guilty to common assault, contrary section 61 of the Crimes Act 1900 (NSW), in relation to his having punched his nephew in the face, after catching him hunting pigs on his property without permission. The young man punched his uncle back for good measure…. Read more »
Legal Aid NSW Scores Two Significant Legal Victories in the High Court of Australia
By Paul Gregoire and Ugur Nedim According to the Law Council of Australia, key rule of law principles include being equal before the law, and that “everyone should have access to competent and independent legal advice”, with this latter point supporting the first, as it ensures those who can’t afford it are provided legal support. In… Read more »
Defendant Found Not Guilty of Drug Charges as Search of Vehicle Was Illegal
By Paul Gregoire and Ugur Nedim At about half past midnight on 28 January 2018, NSW police constable Ward, senior constable Aston and probationary constable Pranic were patrolling the Sydney suburb of Paddington in an unmarked car, which had been driving behind a grey Mazda, prior to turning onto another street. However, as Ward later claimed,… Read more »
Allowing Biased Judges to Decide Cases is Against the Interests of Justice
By Paul Gregoire and Ugur Nedim The High Court ruled against an application for writs, official court orders, on 10 May 2023, which were submitted by Stephanie Coady, and included a request to overturn a 2022 Federal Court decision not to extend time to appeal a 2019 decision, as well as another to determine a… Read more »
A Magistrate Who Refuses a Mental Health Application Can Hear a Subsequent One
By Paul Gregoire and Ugur Nedim Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client. The… Read more »
Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence
By Paul Gregoire and Ugur Nedim The overbearing law enforcement approach to the COVID pandemic, which had a focus on criminalising those who didn’t follow health restrictions, via the widespread imposition of draconian fines that were issued seemingly with no discretion and in the most absurd of circumstances. Following the passing of the pandemic, as… Read more »
Young Man Acquitted of Murder, After Key Witness Exposed as a Police Informant
By Paul Gregoire and Ugur Nedim In the early hours of 21 April 2008, a series of altercations between two groups of young men and youths in the vicinity of Granville railway station took place. One group, described as being of “Islander appearance”, included Edward Spowart and Firoz Mohammed, while the other, said to be… Read more »