By Paul Gregoire and Ugur Nedim The NSW government last Thursday banned the public display of Nazi symbols, including the Hakenkreuz, the Third Reich’s corruption of the ancient swastika, making this state the second jurisdiction nationally to prohibit the insignia associated with antisemitism, racism and genocide. Introduced in late June, the Crimes Amendment (Prohibition on Display of… Read more »
Posts Categorized: Uncategorized
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 »
Totality and Parity are Important Principles When It Comes to Sentencing Co-Offenders
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 »
NSW Youth Koori Court Keeps First Nations Youth Out of Prison, Reports Finds
By Paul Gregoire and Ugur Nedim The latest NSW Bureau of Crime Statistics and Research (BOCSAR) custody figures, which relate to the 2021 December quarter, reveal that in this state 43 percent of all young people being held in youth detention are First Nations children. This is despite Aboriginal and Torres Strait Islander kids only accounting… Read more »
Bail in New South Wales: Being Able to Prepare for Trial is an Important Consideration
By Paul Gregoire and Ugur Nedim Neil Andrew Simpson has significant criminal history, having been convicted of a range of offences from fraud to smuggling fauna. The defendant appeared before the NSW Court of Criminal Appeal (NSWCCA) on 25 October 2021 for an application to be released on bail, after having been remanded since his… Read more »
Sentencing Courts Cannot Draw Adverse Inferences From a Defendant’s Decision Not to Testify
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
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 »
As the Legal Sector Swells, Women Now Make Up the Majority of Australian Solicitors
By Paul Gregoire and Ugur Nedim Not only have the numbers working within the Australian legal profession continued to increase over the last decade to the point that they’ve reached an all-time high, but the sector – once the domain of men – now has a majority of women working within its ranks. Released on… Read more »
Prosecution Must Exclude Any Reasonable Hypothesis Consistent with Innocence in Circumstantial Cases
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”
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 »