Posts Categorized: NSW Courts

Prosecutors Routinely Ignore Their Legal Duty to Serve Evidence on the Defence

Evidence

By Paul Gregoire and Ugur Nedim A duty of disclosure exists within the NSW criminal justice system, and in all other jurisdictions across the nation, which requires the prosecution to provide the defence with all the evidence it has prior to the trial commencing. This stipulation exists in the legislative guidelines governing the various state criminal… Read more »

Questioning Ruled Inadmissible as ASIO Agents Had Effectively Kidnapped the Suspect

ASIO

By Paul Gregoire and Ugur Nedim Prior to empanelling a jury for the 2007 trialling of Izhar Ul-Haque on a charge of training with a known terrorist organisation, NSW Supreme Court Justice Michael Adams had to make voir dire determination, which is a decision on whether evidence before a court is admissible. The evidence in question… Read more »

Sentence for Fraud Reduced, as Scheme was Unsophisticated and Yield Was Only Modest

Fraud investigation

By Paul Gregoire and Ugur Nedim The Australian Government Disaster Relief Payment (AGDRP) is a one-off $1,000 amount provided to Australian residents impacted by a disaster. And due to the circumstances victims of disasters face, proof of identity doesn’t need to be cited immediately, but rather within 28 days of applying. Over the period 15… Read more »

Jury Reinstated in Murder Trial, After Judge Dismissed All Due to Actions of One Juror

Supreme Court

By Paul Gregoire and Ugur Nedim The trial into whether Paul Anthony Watson murdered William Chaplin sometime between 31 March and 30 May 2010 in the southwestern NSW town of Gerogery commenced on 5 September this year in the NSW Supreme Court, with three weeks set aside for it. The Crown had closed its case… Read more »

Inmate Released on Appeal, After Trial Judge Misapplied Mental Illness Defence

Mental health defence

By Paul Gregoire and Ugur Nedim On 22 September 2017, Nick Masters veered onto the wrong side of Port Macquarie’s Hastings River Drive, and collided head on with a car being driven by a Mr Ashenden, who was killed, whilst his wife, Mrs Ashenden was seriously injured. NSW District Court Judge Mark Marien found Masters… Read more »

Probative Value is of Primary Importance When Determining Admissibility of Tendency Evidence

High Court of Australia

By Paul Gregoire and Ugur Nedim A five justice bench of the High Court of Australia determined on 19 October that a NSW Supreme Court trial that saw the jury find a Coffs Harbour man guilty of the murder of his two-and-a-half-year-old stepdaughter that heavily relied on tendency evidence was correct in doing so. The young girl… Read more »