Posts Categorized: NSW Courts

Justice Requires Consistency in Punishment

Supreme Court of NSW

By Paul Gregoire and Ugur Nedim In September 2015, Australian Border Force (ABF) officers examined a consignment from South Korea described as mobile phone cases, which actually contained 275,000 cartons of branded cigarettes. If successful, the smugglers would have avoided paying $290,000 in duty. Under ABF watch, the consignment was permitted to continue on to… Read more »

Early Guilty Pleas Must Result in Shorter Sentences

Supreme Court symbol

by Paul Gregoire and Ugur Nedim Between March and October 2016, Mr Rainer Kristensen conducted sexualised chats over social media with ten girls aged between 11 and 15 years old. The offender knew his behaviour was wrong and he deleted the files containing the explicit exchanges after concluding the chats. Mr Kristensen began chatting with… Read more »

Supreme Court Grants Bail to Renowned Medicinal Cannabis Doctor

Medical cannabis oil

By Paul Gregoire and Ugur Nedim The medicinal benefits of cannabis have become widely accepted in Australia. Indeed, the Turnbull government passed legislation in February 2016, which set up a licensing scheme for “the cultivation and production of cannabis and cannabis resin for medicinal and scientific purposes.” However, the establishment of legalised medicinal cannabis has been… Read more »

Judges Must Explicitly Consider a Clean Record When Sentencing

Supreme Court building

By Paul Gregoire and Ugur Nedim Just after 3am on 21 March 2015, Waqar Ul-Hassan was driving Muhammad Ijaz, Hashim Manzoor and Mohammed Aslam back to his place on Merrylands Road, after they’d all spent a night at a friend’s house in Styles Place, Merrylands. The Pakistani national, who was residing in Australia on a… Read more »

Sydney Lawyer Struck Off for Making False Declarations Regarding Driving Offences

Woman lawyer

By Paul Gregoire and Ugur Nedim In August 2013, a courier driver sought legal advice from Sydney lawyer Ms Jinhi Kim regarding ten traffic infringement penalty notices he’d received. The pair met, and Ms Kim told her client that she’d write to the State Debt Recovery Office stating he was not the driver. The lawyer… Read more »

Prominent New Zealand Barrister Struck Off the NSW Roll of Lawyers

Lawyer working on desk

By Paul Gregoire and Ugur Nedim Going back ten years ago, Christopher Comeskey was New Zealand’s most recognisable criminal defence lawyer. He drove a Porsche, rode a Harley-Davidson, collected antiques and was said to eat salmon five days a week. The barrister rose to fame after negotiating the return of 96 war medals, which were stolen from the… Read more »

Judges Must Consider a Defendant’s Personal Circumstances When Sentencing

Supreme Court emblem

By Paul Gregoire and Ugur Nedim Between May 2014 and January 2015, Tylar John Carter, along with his three co-offenders Jarrod Foley, Corey McLean and Matthew Murray, participated in a criminal group that broke into schools in the middle of the night and stole electronic goods. The group focused on Catholic schools in unpopulated areas… Read more »