Posts Categorized: NSW Courts

Sentence Reduced as Judge Failed to Consider Impact of COVID in Prison

COVID in Prison

By Paul Gregoire and Ugur Nedim NSW police commenced an investigation in June 2017, which led to detectives identifying eight men involved in a drug manufacturing operation producing MDA (3, 4-methylenedioxyamphetamine), a substance usually sold as MDMA on the street but can differ in effect. The joint criminal enterprise involved three properties belonging to one of… Read more »

Judicial Independence is More Important Than Ever

Judicial Independence

By Paul Gregoire and Ugur Nedim “Most Australians assume that an Australian judge would not hesitate to find against the government or a government agency if the law requires that result,” said High Court Justice Jacqueline Gleeson, in a recent speech on judicial independence in liberal democracies. Appointed to the highest court in March last year, Gleeson,… Read more »

NSW Supreme Court Explains Local Court’s 5 Year Limit on Consecutive Prison Sentences

Downing Centre Court

By Paul Gregoire and Ugur Nedim On 22 September 2019, Cody Perrin was arrested on charges of assault and intentionally or recklessly damaging or destroying property in relation to a domestic situation where an apprehended domestic violence order (ADVO) was in place for the protection of his partner. On 14 January 2020, he was refused… Read more »

Defendant’s Perception Is Crucial When Assessing Manslaughter Based on Excessive Self-Defence

Manslaughter

By Paul Gregoire and Ugur Nedim During Paul Newburn’s 16 December 2020 sentencing hearing, it was an accepted fact that in having fatally stabbed Glen Smith in the Lake Macquarie suburb of Bolton Point in January the year prior, the offender had the intention of causing grievous bodily harm rather than death. Newburn and his… Read more »

New Bail Law Requiring Detention Upon Guilty Plea is Impossible to Apply

Bail

By Paul Gregoire and Ugur Nedim In reaching a decision as to why Titus Day should not be refused bail following conviction, NSW Supreme Court Justice Peter Garling analysed a provision requiring bail to be refused unless there are exceptional or special circumstances in his final findings of 18 July2022, which pointed to the deficiencies of… Read more »

Intensive Correction, Community Correction and Conditional Release Orders in NSW

Parramatta Local Court

By Paul Gregoire and Ugur Nedim With the recent rise in climate defenders taking nonviolent direct action in NSW, there are increasing numbers of otherwise law-abiding citizens coming into contact with the criminal justice system, who are most often being sentenced to community-based orders. The imposition of such penalties can be somewhat confusing, especially as… Read more »

The Mandatory Minimum Should Only Be Applied to the Least Serious Offences

justice gavel

By Paul Gregoire and Ugur Nedim NSW police executed a warrant at the home of Enrico Delzotto in the southern NSW town of Mulwala on 1 July 2020. Officers seized the 57-year-old chef’s laptop, tablet and phone, on which, a forensic digital analysis found, there were 2,653 files containing child abuse material. The analysis further… Read more »