NSW Courts Articles

Woman Who Killed Ex Has Manslaughter Conviction Quashed on Appeal

By Paul Gregoire and Ugur Nedim At around 9pm on 13 May 2012, Miguel Silva secretly called the police to report that a man was yelling, screaming and kicking items on Livingstone Road in Marrickville, NSW. Mr Silva didn’t give his name to police, and nor did he mention the man was his sister’s ex-partner…. Read more »

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Courts Cannot Increase Sentences Due to Factors Inherent in the Offence or Unknown to Offenders

By Paul Gregoire and Ugur Nedim Mr Crittenden, a resident of the Newcastle suburb of Merewether, was watching television with his wife on the evening of 1 December 2005, when he noticed the light in his kitchen, which he’d recently switched off, had been turned on. On entering the kitchen to investigate, the 62-year-old found… Read more »

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The Guideline Judgment for Armed Robbery is Not Prescriptive

By Paul Gregoire and Ugur Nedim At around 11:55am on 19 November 2005, Ashley Ronald Legge approached a man withdrawing money from an automatic teller machine in a shopping mall at Castle Hill. Mr Legge placed his arm around the man’s shoulder, leant in and demanded the cash. When the man refused, Legge reached into… Read more »

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Sentence for Drug Supply and Proceeds of Crime Amounted to Double Punishment

By Paul Gregoire and Ugur Nedim After receiving information that one Aaron Edward Hutchinson was involved in the supply of prohibited drugs in the Penrith local area command, police began an investigation in early 2010. An undercover operation was arranged and, in April, Mr Hutchinson supplied an undercover officer with cocaine on three separate occasions…. Read more »

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Factors are not ‘Aggravating’ if they are Implicit in the Offence

By Paul Gregoire and Ugur Nedim On 24 August 2006, a NSW police undercover operative spoke to Bilal Mansour on his mobile phone and arranged to purchase 3.5 grams of cocaine from him for $1,250. Mansour then drove from his place to his parent’s home, where the deal took place on the veranda. The undercover… Read more »

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Alleged Whiteley Forgers Acquitted Due to Prosecution’s Omission

By Paul Gregoire and Ugur Nedim In late 2007, investment banker and Sydney Swans chairman Andrew Pridham bought the painting Blue Lavender Bay for $2.5 million. The purchase was made on the understanding that the artwork had been painted by renowned Australian artist Brett Whiteley. The late artist’s wife, Wendy Whiteley, paid a visit to Mr… Read more »

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Sentence for Commercial Drug Supply Slashed Due to Subjective Factors

By Paul Gregoire and Ugur Nedim On 30 December 2011, Canadian authorities detected the secretion of various illegal drugs within a commercial oven, which was set to be flown to Sydney and delivered to an Italian restaurant in the NSW Central Coast town of The Entrance. The illicit substances were removed from the oven, and… Read more »

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Prasad Directions: When the Judge Directs the Jury They Can Return a Not Guilty Verdict

By Paul Gregoire and Ugur Nedim In Australian criminal trials, the Crown (or prosecution) presents its case first – calling its witnesses to testify one at a time. Those witnesses give ‘evidence in chief’ for the prosecution before they are subjected to cross-examination by the defence. After all of the prosecution witnesses have finished testifying,… Read more »

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