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 »
Posts Categorized: NSW Courts
Sentence Reduced as Judge Failed to Consider Impact of 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
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 »
Courts Cannot Consider Agreed Facts Relating to Coaccused During Sentencing
By Paul Gregoire and Ugur Nedim After migrating to Australia from Pakistan as a young man in 2001, Zeeshan Kareem met Imtiaz Malik, who, at 16 years his senior, was a respected elder in the local Pakistani community. In March 2013, Malik asked Kareem for assistance in setting up a business, which was then registered… Read more »
Sentence Quashed After Lawyer Enters Guilty Pleas on Behalf of Client Without Instructions
By Paul Gregoire and Ugur Nedim Central Coast man Paul Stuart had consumed half a bottle of rum on a friend’s boat on the evening of 20 February 2020, when he called a friend to pick him up. The woman arrived at around 9.30 pm and took Stuart to his Brisbane Water home, where the… Read more »
NSW Supreme Court Explains Local Court’s 5 Year Limit on Consecutive Prison Sentences
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
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
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
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 »
Bail Granted Under Tough New Law When ‘Special Circumstances’ Found
By Paul Gregoire and Ugur Nedim Referred to as ET in the NSW court system, as he was 17 at the time of his offending, a member of the gang the Claymore Boys has just been released on conditional bail over the death of 18-year-old Alex Ioane at a house party, which turned into an… Read more »