NSW Courts Articles

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 »

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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 »

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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 »

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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 »

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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 »

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Police Officer Faces Assault Charges for Fatally Tasering 95-Year Old Woman

The New South Wales Police Officer who tasered 95-year old Clare Nowland in an aged care nursing home, has been charged.  Treated like a criminal  Ms Nowland passed away from her injuries on Wednesday night. She was tasered while approaching officers very slowly using her walking frame, with a steak knife in her hand.  Ms… Read more »

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A Magistrate Who Refuses a Mental Health Application Can Hear a Subsequent One

By Paul Gregoire and Ugur Nedim Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client.  The… Read more »

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Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy?

By Paul Gregoire and Ugur Nedim When a gossip columnist for a prominent Australian masthead was made aware that a leading local star with global reach was gay, he gave her a heads up and requested comment, prior to exposing her secret, and when she then pipped him to the post, he felt entitled to publicly… Read more »

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Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence

By Paul Gregoire and Ugur Nedim The overbearing law enforcement approach to the COVID pandemic, which had a focus on criminalising those who didn’t follow health restrictions, via the widespread imposition of draconian fines that were issued seemingly with no discretion and in the most absurd of circumstances. Following the passing of the pandemic, as… Read more »

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