NSW Courts Articles

Conduct Suggesting Consciousness of Guilt Insufficient to Convict, Appeal Court Finds

By Paul Gregoire and Ugur Nedim Just after noon on 10 August 2018, Jeff McKee burst into the Hereford Street home of Blake Davis in Sydney’s Glebe. Davis was eating breakfast with his girlfriend Hannah Quinn, when the intruder, armed with a set of knuckledusters and a handgun, appeared inside the house. McKee screamed at… Read more »

Continue reading >>

Man Acquitted of Historical Criminal Charges as NSW Police Had Fabricated the Evidence

By Paul Gregoire and Ugur Nedim Eric Honeysett was arraigned and pleaded not guilty before a jury in the Supreme Court of New South Wales on 6 October 1987 for one count of supplying a prohibited drug under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) and one of malicious wounding with… Read more »

Continue reading >>

Lawyer Twice Found Not to Have Perverted the Course of Justice in Suggesting Illness to Client

By Paul Gregoire and Ugur Nedim Sydney criminal defence lawyer Mohammed Zreika was found guilty of the offence of perverting the course of justice, under section 319 of the Crimes Act 1900 (NSW), by Magistrate Jennifer Atkinson at Sutherland Local Court on 19 November 2021.  The offence carries a maximum penalty of 14 years behind bars. The magistrate… Read more »

Continue reading >>

Drug Driving is an Absolute Liability Offence, District Court Judge Finds

By Paul Gregoire and Ugur Nedim A man was driving along Cowpasture Road in southwest Sydney’s Horningsea Park, close to midnight on 12 September 2020, when the manner of his driving caught the attention of some NSW police officers, who promptly directed him to pull his utility over. The officers subjected the driver to a… Read more »

Continue reading >>

A Summary of the New South Wales Police Use of Force Manual

By Paul Gregoire and Ugur Nedim The 2022 NSW Police Use of Force Manual opens by advising that when engaging in physical confrontation officers shouldn’t be concerned with future criticism, but instead ensure that no more force than reasonably necessary is applied when carrying out duties safely and effectively. The sole NSW police oversight body, the Law… Read more »

Continue reading >>

Magistrate Slammed for Forcing Defendant to Plead and Disparaging Superior Judges

By Paul Gregoire and Ugur Nedim NSW Magistrate Roger Prowse entered not guilty pleas beside five charges laid against Tray Elwood at Cobar Local Court on 26 October last year, committing the defendant to stand trial in the NSW District Court in relation to three of the criminal offences, while two were to be dealt with… Read more »

Continue reading >>

Expired Apprehended Violence Orders Cannot Be Revoked, Supreme Court Rules

By Paul Gregoire and Ugur Nedim In late 2018, Robert Wass pleaded guilty to common assault, contrary section 61 of the Crimes Act 1900 (NSW), in relation to his having punched his nephew in the face, after catching him hunting pigs on his property without permission. The young man punched his uncle back for good measure…. Read more »

Continue reading >>

Legal Aid NSW Scores Two Significant Legal Victories in the High Court of Australia

By Paul Gregoire and Ugur Nedim According to the Law Council of Australia, key rule of law principles include being equal before the law, and that “everyone should have access to competent and independent legal advice”, with this latter point supporting the first, as it ensures those who can’t afford it are provided legal support. In… Read more »

Continue reading >>

Defendant Found Not Guilty of Drug Charges as Search of Vehicle Was Illegal

By Paul Gregoire and Ugur Nedim At about half past midnight on 28 January 2018, NSW police constable Ward, senior constable Aston and probationary constable Pranic were patrolling the Sydney suburb of Paddington in an unmarked car, which had been driving behind a grey Mazda, prior to turning onto another street. However, as Ward later claimed,… Read more »

Continue reading >>