NSW Courts Articles

The “Lost Utilitarian Benefit” of a Rejected Guilty Plea Should Be Reflected in Sentence

By Paul Gregoire and Ugur Nedim In May 2014, two drive-by shootings were committed at the Bossley Park home of Wade Martinez. NSW police believed Gewargis Garmo was connected to these incidents. Martinez would not cooperate with inquiries into them. But it’s been suggested he thought to take care of the matter himself. Nine months… Read more »

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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 »

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NSW Standard Non-Parole Periods and the Muldrock Error

By Paul Gregoire and Ugur Nedim Standard non-parole periods apply to over 40 serious criminal offences in NSW. Introduced in 2003, SNPPs set the state’s criminal justice system apart from all others operating in Australia. SNPPs provide a reference point for a judge in sentencing an offender in relation to any of the crimes the scheme covers,… Read more »

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A Rundown of the UK High Court Decision to Greenlight Assange’s US Extradition

The UK High Court of Justice ruled on 10 December last year, that the decision not to permit the extradition of Australian journalist Julian Assange, handed down by District Court Judge Vanessa Baraitser on 4 January 2021, be overturned. Lord Chief Justice Ian Burnett and Lord Justice Timothy Holroyd made the decision based on two… Read more »

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Commonwealth Drug Offences in Australia: Drug Importation and Beyond

By Paul Gregoire and Ugur Nedim PM Scott Morrison, home affairs minister Karen Andrews and AFP commissioner Reece Kershaw lined up before the press last June, to announce the success of the transnational drug crime investigation known locally as Operation Ironside. Spruiked as the “most significant operation in policing history”, Ironside had, at that time, resulted in… Read more »

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Drug Importation Sentence Reduced, as Mitigating Factors Given Insufficient Weight

By Paul Gregoire and Ugur Nedim Cassidy Spinks commenced using drugs in his last year at a high school, as his girlfriend was using them. Eighteen months later, in late 2019, Spinks, who was regularly using MDMA by then, organised the purchase of some drugs online for himself and four friends with the aim of… Read more »

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