NSW Courts Articles

Sydney Lawyer Struck Off for Stealing from Mother’s Estate

By Paul Gregoire and Ugur Nedim Former sole principal at Lane Cove legal practice Leslie Hargrave Lawyers, James Leslie recently had his name struck off the roll of solicitors kept by the NSW Supreme Court, as it was found he’d mishandled trust money in numerous ways, which constituted professional misconduct. In late 2016, Leslie was… Read more »

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The Right to Competent Legal Representation Is Fundamental, Court Finds

By Paul Gregoire and Ugur Nedim Towards the end of December 2019, former Sydney solicitor Michael Croke found that his barrister John Korn was no longer available to attend his trial at the end of January 2020, because another of Mr Korn’s client had to be retried on sexual assault charges after a trial resulted… Read more »

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The Rule in De Simoni: A Court Cannot Sentence on Facts that Indicate a More Serious Offence

By Paul Gregoire and Ugur Nedim On 25 May 1979, Luciano De Simoni broke into a house with intent to steal in the Perth suburb of Mundaring. The regular burglar had believed the house was empty and was surprised when he was disturbed by an occupant – a young man, he thought – whom he… Read more »

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The Xiao Error: Failing to Discount for Guilty Pleas in Commonwealth Cases

By Paul Gregoire and Ugur Nedim On sentencing Torikai Walsh, NSW District Court Judge Clive Jefferies accepted that the 27-year-old Coffs Harbour local had acted under duress, when facilitating the importation of cocaine, which was secreted within consignments in various “sophisticated ways”. Walsh had become involved in the drug importation ring after being threatened with… Read more »

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The NSW Domestic Violence Offence of Non-Fatal Strangulation

By Paul Gregoire and Ugur Nedim Victim Support ACT revealed last month that there’s been a rise in reports of domestic and family violence in the capital territory during the COVID-19 pandemic, which had translated to a 130 percent increase in reported incidents in June, compared with the same period last year. This has included… Read more »

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NSW Lawyer Struck Off for Misappropriating Trust Money

By Paul Gregoire and Ugur Nedim According to section 302(1)(f) of the Legal Profession Uniform Law (NSW), if a lawyer is found guilty of “unsatisfactory professional conduct or professional misconduct”, the NSW Civil and Administrative Tribunal (NCAT) can recommend that their name be removed from the roll of lawyers. The NSW Supreme Court maintains the… Read more »

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