NSW Courts Articles

New Rules for Mental Health Orders in NSW

By Paul Gregoire and Ugur Nedim NSW parliament has just passed a bill that overhauls the way the court system deals defendants found to have a mental health or a cognitive impairment and subsequently have their charges dropped, along with an order imposed that requires them to undergo treatment. The Mental Health and Cognitive Impairment… Read more »

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How Is a ‘Form 1’ Used During a Sentencing Hearing in New South Wales?

By Paul Gregoire and Ugur Nedim Stuart McKinnon was arrested on 2 May 2018. The NSW resident was taken into police custody in relation to two instances of drug supply that occurred in March 2017. These involved his having organised the handover of drugs via a third party and receiving the accompanying payment himself. McKinnon… Read more »

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Guilty Plea Overturned Due to Criminal Defence Lawyer’s “Seriously Flawed” Advice

Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »

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Facebook Administrators Are Liable for Defamatory Comments Posted By Users

By Paul Gregoire and Ugur Nedim Former Don Dale Youth Detention Centre detainee Dylan Voller was successful in a case brought against three of Australia’s largest media organisations last year. The First Nations man claimed the companies, as publishers, were liable for comments third parties posted on their Facebook pages. Voller’s mistreatment and brutalisation at… Read more »

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Coroner Recommends the Criminalisation of Catfishing

Goulburn prison inmate Brayden Spiteri finally texted his on-again, off-again girlfriend Renae Marsden on 5 August 2013, after a month of not responding. Spiteri had cut off communications as he had a court appearance coming up that might see him released and united with Marsden. The pair, who had never actually met face-to-face, became acquainted… Read more »

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From the NSW Supreme Court Vault: Detective Not Guilty of Slandering Marriage Matchmaker

In early-1890s Sydney, Pasquale Besomo ran a matrimonial bureau, which was a service that matched up people who wanted to get married. The Redfern local also ran a related newspaper called Matrimony. An older German man by the name of Talegrin entered into negotiations with Besomo with the hope of meeting a woman who might… Read more »

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Criminal Charges Can be Thrown Out of Court if an Arrest is Unlawful

By Paul Gregoire and Ugur Nedim The former mother-in-law of Rodna Jankovic took out an apprehended domestic violence order (AVO) against her previous daughter-in-law on 20 October 2015. However, on 25 March the following year, Ms Jankovic violated the order by sending a text message to her ex-partner’s mother. The SMS tansmission warned the woman… Read more »

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