NSW Courts Articles

The Appeal Court’s Reasoning for Quashing Kathleen Folbigg’s Criminal Convictions

By Paul Gregoire and Ugur Nedim NSW Supreme Court Justice Graham Barr sentenced Newcastle woman Kathleen Folbigg to 40 years imprisonment, with non-parole set at 30 years, on 21 May 2003, in relation to the murder of three of her young children and the manslaughter of another. Folbigg became known as the nation’s “worst female serial… Read more »

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Criminal Offence Against Protesting is Partially Unconstitutional, NSW Supreme Court finds

By Paul Gregoire and Ugur Nedim The NSW antiprotest regime has partially fallen over in the face of a NSW Supreme Court challenge that was raised in October 2022, after the Perrottet government, with the unquestioning support of the Labor opposition, passed laws that effectively wiped out unapproved disruptive protests. The legal challenge was brought by two… Read more »

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New Tougher Laws Against Hate Speech in NSW: A Kneejerk Reaction to a Likely False Flag

By Paul Gregoire and Ugur Nedim On the last parliamentary sitting day in NSW for 2023, the Minns government successfully passed legislation that served to tighten a hate speech offence, as a safeguard mechanism within it was deemed to have rendered it ineffective and having resulted in a lack of convictions. The offence was tightened during… Read more »

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The Reasons the High Court Ruled Indefinite Detention Is Unlawful in Australia

By Paul Gregoire and Ugur Nedim The High Court released its full findings into the case NZYQ versus the Immigration, Citizenship and Multicultural Affairs Minister on 28 November, which was a determination that saw the nation’s top court rule that the executive doesn’t have the power to detain asylum seekers indefinitely. The full bench of the… Read more »

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Parity in Sentencing: Youth Sentence Reduced to Reflect Co-Accused’s Successful Appeal

By Paul Gregoire and Ugur Nedim At about 9.50 pm on 16 December 2021, Jordan Campton, Brayden Taylor and Brock Ruwoldt were leaving the Events Cinema at Liverpool’s Westfield Shopping Centre, when they were set upon by a group of six male youths, who cornered and then began harassing them. One of the teen assailants,… Read more »

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Politicians Don’t Have the Power to Revoke Australian Citizenship, High Court Rules

By Paul Gregoire and Ugur Nedim Algerian national Abdul Benbrika immigrated to Australia in 1989 and became a citizen in 1998, in line with section 15 of the Australian Citizenship Act 2007 (Cth) (the Act), which involved pledging allegiance to the nation. And he also maintained his Algerian citizenship. Benbrika was found guilty by a Supreme Court… Read more »

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Lengthy Compliance with Bail Does Not Justify Relaxation of Bail Conditions

By Paul Gregoire and Ugur Nedim On 5 May 2021, NSW police arrested Luke Sparos in relation to the 6 November 2020 shooting death of Samir Marcus, and officers subsequently charged the man with intent to murder and attempting to pervert the course of justice. The second offence Sparos is facing relates to an incident that… Read more »

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Australian Offences of Genocide, Aggression, War Crimes and Crimes Against Humanity

By Paul Gregoire and Ugur Nedim Coming into effect on 1 July 2002, the Rome Statute of the International Criminal Court established not only the ICC, but it sets in place the four core international criminal offences of genocide, crimes against humanity, war crimes and the crimes of aggression.  The treaty applies to 123 states…. Read more »

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 Judge Criticises Cowboy Prosecutors and Calls on Government to Pay Defendant’s Legal Costs

By Paul Gregoire and Ugur Nedim Just after 9 am on 28 November 2021, local man Simon Fleming appeared at the intersection of Windang and Acacia Streets in the Wollongong, armed with a bolt action rifle, a gel blaster that appeared to be a self-loading rifle and a silver case resembling an explosive device.  Fleming… Read more »

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The Shepherd Direction: Fundamental Facts Must Be Proved Beyond Reasonable Doubt in Circumstantial Cases

By Paul Gregoire and Ugur Nedim In the mid-1970s, the “Mr Asia” drug syndicate commenced operations. It was a multi-million-dollar criminal network initially importing cannabis and then heroin from Southeast Asia into Australia, New Zealand and the UK, via Singapore distributor Choo Cheng Kui or Chinese Jack. James “Diamond Jim” Shepherd was initially the network’s banker…. Read more »

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