NSW Courts Articles

Consenting to an Unlawful Search Will Make it Legal

By Paul Gregoire and Ugur Nedim NSW police don’t have the power to randomly search people’s vehicles. If an officer does search a vehicle, they must have a suspicion on reasonable grounds for doing so. The police powers to stop and search people and their vehicles without a warrant are contained in the Law Enforcement… Read more »

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Repeated Unprotected Sex Does Not Prove Deliberate HIV Transmission

By Paul Gregoire and Ugur Nedim On New Year’s Eve 2006, Godfrey Zaburoni met a woman on the Gold Coast and the pair began a sexual relationship a few weeks later that lasted 21 months. Before the relationship began, the woman asked Zaburoni whether he’d been tested for HIV, to which Zaburoni replied that he… Read more »

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Not Guilty of Animal Cruelty Due to Mental Illness

By Paul Gregoire and Ugur Nedim NSW police arrested Brendan Francis McMahon in August 2005 and charged him with animal cruelty offences arising from the mutilation of seventeen rabbits and a guinea pig. The carcases of the animals were found strewn around Sydney CBD laneways close to wear Mr McMahon ran a financial planning business… Read more »

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Court Decides Whether Drug-Induced Rage Reduces Sentence

By Paul Gregoire and Ugur Nedim On the evening of 6 September 2014, Zhen Fang stabbed his friend Ting Huang to death, in a frenzied attack whereby he inflicted 20 wounds to the victim’s head, neck, trunk and upper extremities. The two work colleagues had been drinking beer and smoking a substantial amount of ice… Read more »

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Court Rules It’s OK to Refer to Tony Abbott as a C*#t

By Paul Gregoire and Ugur Nedim Danny Lim is a well-known Sydney activist who can often be seen around town wearing sandwich boards that express colourful political messages. On 29 August, the NSW District Court judgements quashed a conviction of offensive conduct that he’d received in the Local Court in February last year. Mr Lim… Read more »

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Drug Dealing Does Not Necessarily Warrant Imprisonment

By Paul Gregoire and Ugur Nedim Last week, the NSW Court of Criminal Appeal (NSWCCA) determined that a precedent followed by the state’s courts had become a “judicially imposed constraint”. That rule stated that a person convicted of a substantial drug supply must be sentenced to full time imprisonment unless there were ‘exceptional circumstances’. Over… Read more »

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Jury Duty: Stressful and Difficult for Most

Hundreds of thousands of Australians are summonsed for jury service each year. It is an important civic duty which is vital to the administration of our criminal justice system. But research suggests that for most who are empanelled, the experience can be stressful and even cause lasting trauma. Juror Stress According to Paula Agor, director… Read more »

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Judge Gets Maximum Penalty Wrong

By Paul Gregoire and Ugur Nedim Between March and June 2014, Matthew “Fatty” Stapleton was under investigation by the NSW police for mid-level supply of methamphetamine. Officers were granted the power to conduct a controlled operation, and recordings suggested that Mr Stapleton and Shane Mooney were associates. On 16 May 2014, Stapleton contacted an undercover officer and… Read more »

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