By Paul Gregoire and Ugur Nedim Both coming into effect on 1 July 2015, the Legal Profession Uniform Law (NSW) (the Uniform Law) and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (the Conduct Rules), establish the rules that regulate the conduct of lawyers in New South Wales, over and above the responsibilities… Read more »
NSW Courts Articles
Sentencing in NSW: The Three Stage Process When Considering Imprisonment
By Paul Gregoire and Ugur Nedim Sometime after 8 pm on 15 January 2022, the then 14-year-old Thomas entered the kitchen, where his mother SJ was making him dinner and his then 51-year-old stepfather SR was also present, with the older couple having recently returned from a six-hour-long celebratory lunch and drinks. SR commenced calling… Read more »
Drink Driving and Drug Driving Laws in NSW: An Inconsistent and Unjust Regime
“The risk of being involved in a serious car accident increases significantly when the driver’s blood alcohol range substantially exceeds the basic legal limit,” outlines a 2023 NSW Bureau of Crime Statistics and Research report on sentencing high range prescribed concentration of alcohol drivers. “In particular”, underscored the BOCSAR researchers David Saffron and Marilyn Chilvers,… Read more »
Extended Supervision Orders Can Only Be Imposed If Necessary to Protect the Community
By Paul Gregoire and Ugur Nedim Ibrahim Ghazzawy was living in Sydney and is said to have adopted the Islamic State political outlook by the age of 18, at which point, in early 2014, he had his passport seized by Australian authorities as he planned to fly to Morocco, as it was claimed he sought… Read more »
NSW Supreme Court Refuses to Invalidate Remaining COVID Fines
By Paul Gregoire and Ugur Nedim NSW police issued Angelika Kosciolek with a $3,000 fine at Thegoa Lagoon, which is on the outskirts of the town of Wentworth in far western NSW. The 13 September 2021 penalty notice was issued in relation to the offence described as “Leave Greater Sydney for Prescribed Purposes Without Permit”…. Read more »
The Injustice of NSW Drug Driving Laws Has Been Compounded
By Paul Gregoire and Ugur Nedim In a 4 July 2022 letter on drug driving laws, Drive Change campaign lead David Heilpern explained to NSW Labor MLC Chris Rath that when he was a NSW Magistrate, he’d sentenced “literally hundreds of defendants”, who were on cannabis medicine yet convicted over drug driving. Indeed, part of… Read more »
Mistake of Fact Is Not a Legal Defence to Drug Driving Charges
By Paul Gregoire and Ugur Nedim The NSW Court of Criminal Appeal (NSWCCA) confirmed in a 19 February 2024 ruling that the offence of the offence of drug driving in New South Wales is an absolute liability offence, which means the long relied upon legal defence of honest and reasonable mistake of fact is not… Read more »
AI Generated and Digitally-Translated Character References Aren’t Acceptable in Court
By Paul Gregoire and Ugur Nedim “In my view, it is clearly inappropriate that personal references used in sentencing proceedings are generated by, or with the assistance of” a large language model program, determined ACT Supreme Court Justice David Mossop two weeks ago. And as to why, his Honour explained that “if they are not… Read more »
NSW Police Pursuits Surge by Over 70 Percent in Eight Years
Seven teenagers were charged with offences ranging from car theft to police pursuit early on Monday, as NSW police attempted to stop three vehicles close to the NSW town of Woy Woy at 2.30 am, as these were suspected to be reportedly stolen from suburbs around the Central Coast. One vehicle, a BMW, rammed into a police… Read more »
NSW Bans the Use of Spit Hoods in Places of Detention
By Paul Gregoire and Ugur Nedim Two incidents in 2016 that involved spit hoods in certain Australian jurisdictions brought the issue of the controversial use of these antiquated devices to national and global attention. The first was the airing of the Four Corners documentary Australia’s Shame, which featured imagery of a shirtless 17-year-old Aboriginal boy strapped to… Read more »