Posts Categorized: NSW Courts

Lawyers Slam Further Tightening of NSW Bail Laws

By Paul Gregoire and Ugur Nedim The NSW government rushed through new bail laws last week, with many including criminal lawyers asserting that the amendments are ill-considered and could represent an obstacle to certain defendants being able to undertake important programs and demonstrate rehabilitation in the lead-up to the finalisation of their cases. The laws,… Read more »

High Court Strikes Down Dutton’s Citizenship Cancellation Terror Powers

Dutton and Australian Citizenship

By Paul Gregoire and Ugur Nedim The High Court determined last week that Abbott-era powers that permit dual citizens to be stripped of their Australian citizenship, if suspected of engaging in terrorism activity overseas, are unconstitutional. The citizenship laws were initially drafted by then immigration minister Peter Dutton in 2015 and subsequently amended by him in… Read more »

A “Travesty”: Magistrate Finalises Case in Three-Minutes Without Prosecutor or Reasons

Dubbo Local Court

By Paul Gregoire and Ugur Nedim “Several remarkable things happened in the Dubbo Local Court that day”, said NSW Supreme Court Justice Peter Hamill at the outset of his 1 June final findings in regard to the 11 February 2022 NSW Local Court case R versus Faiva Peckham. His Honour last week described the three-minute-long case presided… Read more »

Dutton’s Loses Defamation Case as Tweet Hadn’t Implied Anything Untrue

Dutton’s Loses Defamation Case

By Paul Gregoire and Ugur Nedim Dedicated refugee rights advocate Shane Bazzi posted a tweet late night on 25 February last year, which stated, “Peter Dutton is a rape apologist”. The tweet also featured a link to a June 2019 Guardian article titled, Peter Dutton Says Women Using Rape and Abortion Claims as Ploy to Get… Read more »

Totality and Parity are Important Principles When It Comes to Sentencing Co-Offenders

Supreme Court of NSW

By Paul Gregoire and Ugur Nedim At around 3.30 pm on 17 January 2020, Brendan Gilbert Wood and George Layton entered Kelly’s Asian Flower brothel posing as customers.  Whilst alone in the waiting area, the pair donned face coverings, Layton armed himself with an axe and a machete, whilst Wood held a machete. In threatening… Read more »

New Chief Justice of NSW Releases Updated Supreme Court COVID Protocols

Lady Justice and COVID

By Paul Gregoire and Ugur Nedim Recently appointed NSW Chief Justice Andrew Bell has issued a revised set of COVID protocols pertaining specifically to the NSW Supreme Court, and another set that distinctly deals with the running of criminal jury trials within the state’s highest court. These updated protocols took effect on 4 April. The onset of COVID-19 in… Read more »

High Risk Offender Who Breached Extended Supervision Order Has Sentence Reduced

Supreme Court Window

By Paul Gregoire and Ugur Nedim On 9 April 2009, Simon Monteiro was sentenced to 12 years imprisonment for the aggravated sexual assault of his then girlfriend in her Bellevue Hill apartment on 2 January 2008. The rape was aggravated because the offender inflicted actual bodily harm before the non-consensual sex assault. The State Parole Authority granted… Read more »

Terrorism Offender’s Sentence Reduced, as His Words Weren’t as Serious as First Judged

Supreme Court NSW

By Paul Gregoire and Ugur Nedim A 17 to 18th of December 2014 meeting of some Australian Muslim men in their early 20s was occurring in in the garage of the Regent’s Park family home of Sulayman Khalid, which involved them planning a series of serious terrorist attacks on Sydney’s AFP building and Lithgow Prison. Later… Read more »