Posts Categorized: Uncategorized

Sentencing Courts Cannot Draw Adverse Inferences From a Defendant’s Decision Not to Testify

High Court of Australia

By Paul Gregoire and Ugur Nedim After being found unconscious at his mother’s Biggera Waters home on the Queensland Gold Coast, 4-year-old Tyrell Cobb passed away in hospital on 24 May 2009. The child died as a result of two abdominal injuries caused by blunt force trauma, which occurred within 48 hours of his death…. Read more »

The NSW Public Health Orders Governing COVID-19 Restrictions

COVID-19 Restrictions Berejiklian

By Paul Gregoire and Ugur Nedim Originally issued on 10 June, Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 was amended by NSW health minister Brad Hazzard on 21 August, so that it now contains section 6A, which involves responding to police requests about who is in a “COVID-19 risk premises”. Containing three subsections, section… Read more »

Prosecution Must Exclude Any Reasonable Hypothesis Consistent with Innocence in Circumstantial Cases

Circumstantial evidence

By Paul Gregoire and Ugur Nedim Just after 9 pm on 30 December 2016, some teenagers appeared on the balcony of a Pennant Hills unit occupied by Simon Krisenthal and Mark Wordsworth. The teens entered via a staircase leading up from a back street, Pennicook Lane, to the second floor apartment that sits above a… Read more »

Federal Court Labels Illegal Robodebt Extortion Scheme a “Massive… Stuff-Up”

Federal Court Perth

By Paul Gregoire and Ugur Nedim In his 11 June ruling on the class action taken against the Coalition government’s Centrelink robodebt scheme, Federal Court Justice Bernard Murphy said that rather than “a conspiracy”, he found the unlawful automated debt collection initiative to be “a stuff-up”, albeit “a massive one”. Initiated by then social services… Read more »

Questions Remain After Judge Corrects Sentencing Error for Manslaughter of Transgender Woman

Transgender manslaughter

By Paul Gregoire and Ugur Nedim On the afternoon of 20 September 2019, 31-year-old RAAF corporal Rian Toyer became aware that Mhelody Bruno was continuing to use Grindr, despite the pair having met on the app three weeks prior and been in an intimate relationship ever since. The pair argued. Toyer removed Bruno’s belongings from… Read more »

NSW DPP Prosecuting Guidelines Part 2: Prosecution’s Duty of Disclosure, Immunities, Informants, Victims of Crime and Vulnerable Witnesses

Downing Centre outside

By Paul Gregoire and Ugur Nedim Having been in operation since July 1987, the Office of the Director of Public Prosecutions (ODPP) is the statutory body that prosecutes those who have committed serious offences against the laws in NSW on behalf of the state and its people. The NSW Director of Public Prosecutions (DPP) is… Read more »