NSW Courts Articles

Digital Identity Theft and Online Fraud in NSW

By Paul Gregoire and Ugur Nedim Inner west Sydney resident Adam Hills was arrested last week over an alleged cyber fraud operation involving him stealing the personal data of more than 80 people online, and then using it to unlock both bank and superannuation accounts to withdraw money. From there Jones used individuals’ personal details… Read more »

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Sentencing for Multiple Offences: Concurrent and Cumulative Sentences

A 29-year old man is facing a string of charges after a tragic road accident which killed four children and hospitalised three more over the weekend. The children were riding their bikes on the footpath in Oatlands near Parramatta on Saturday evening when they were struck by the 4WD ute. Police arrested the driver of… Read more »

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Dishonesty Offences Under the Commonwealth Criminal Code Act

By Paul Gregoire and Ugur Nedim A spokesperson for the Australian federal police announced late last Thursday that it would not be pursuing an investigation into claims author and historian Bruce Pascoe lied about his Aboriginal heritage for financial gain, as “no Commonwealth offence had been identified”. Worimi entrepreneur Josephine Cashman alleged Pascoe was lying… Read more »

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Parklea Private Prison Operator Found Negligent Over Inmate Bashing

By Paul Gregoire and Ugur Nedim At around 1.40 pm on 23 May 2012, three inmates entered the cell of Caleb O’Connor at the privately-run Parklea Correctional Centre and bashed him with a sandwich press, causing severe head injuries. As the attack took place, the doors to adjacent cells had been left open, which blocked… Read more »

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Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

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Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »

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The Carey Defence: Temporary Drug Possession Doesn’t Amount to Supply

By Paul Gregoire and Ugur Nedim At around 2.30 am on 3 October 2008, police pulled over Dwayne Schirmer, who was driving a red Nissan Exa along the Midlands Highway near Glen Innes. After blowing negative on a breathalyser test, Schirmer admitted that he had a small amount of cannabis in the glovebox. The officers… Read more »

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A Drug Dog Indication Isn’t Sufficient to Justify a Search

These days, spotting police officers accompanied by a sniffer dog when leaving a train station, leads Sydneysiders to hardly blink an eyelid. Though some commuters will curse under their breath about the incursion upon their civil liberties the warrantless use of drug dogs in public involves. While others will stop and take a photo of… Read more »

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