NSW Courts Articles

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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The ‘Ceiling Principle’ in NSW Appeals Cases

By Paul Gregoire and Ugur Nedim Just after midnight on 2 September 1991, Paul Darcey Armstrong met Filipe Flores at the Exchange Hotel on Oxford Street in Sydney’s Darlinghurst. The pair left the nightclub, and Armstrong drove Flores to Lincoln Crescent in Waterloo. Mr Armstrong then performed oral sex on the 27-year-old Ecuadorian man at… Read more »

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Breaching a Suspended Sentence Doesn’t Necessarily Mean Prison Time

By Paul Gregoire and Ugur Nedim NSW police executed a search warrant at the Woolloomooloo residence of Rachel Jaia Lambert on 29 December 2011. In the apartment, officers found 456 MDMA (‘ecstacy’) tablets, a quantity of cannabis and several items indicating drug supply, including scales and small resealable plastic bags. The total value of the… Read more »

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