NSW Courts Articles

NSW Court Confirms that a Substantial Drug Supply Does Not Necessarily Require Prison

Paul Gregoire and Ugur Nedim On 23 August 2017, NSW Criminal Court of Appeal (NSWCCA) Justice Carolyn Simpson found that a precedent followed since the 1990 case of R versus Peter Michael Clark was a “judicially imposed constraint” which is inconsistent with the state’s prevailing sentencing legislation. Referred to as the “Clark principle,” the rule outlined that… Read more »

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Abuse of Trust: A Significant Aggravating Factor in Indecent Assaults

By Paul Gregoire and Ugur Nedim Between 23 April and 12 June 2014, Central coast physiotherapist Youngjin Jung indecently assaulted seven patients at his Ocean Beach Rd practice in Umina. Over that time, Mr Jung carried out twelve inappropriate acts upon clients with “no professional justification” for doing so. On several occasions, Mr Jung exposed… Read more »

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Consenting to an Unlawful Search Will Make it Legal

By Paul Gregoire and Ugur Nedim NSW police don’t have the power to randomly search people’s vehicles. If an officer does search a vehicle, they must have a suspicion on reasonable grounds for doing so. The police powers to stop and search people and their vehicles without a warrant are contained in the Law Enforcement… Read more »

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Repeated Unprotected Sex Does Not Prove Deliberate HIV Transmission

By Paul Gregoire and Ugur Nedim On New Year’s Eve 2006, Godfrey Zaburoni met a woman on the Gold Coast and the pair began a sexual relationship a few weeks later that lasted 21 months. Before the relationship began, the woman asked Zaburoni whether he’d been tested for HIV, to which Zaburoni replied that he… Read more »

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Not Guilty of Animal Cruelty Due to Mental Illness

By Paul Gregoire and Ugur Nedim NSW police arrested Brendan Francis McMahon in August 2005 and charged him with animal cruelty offences arising from the mutilation of seventeen rabbits and a guinea pig. The carcases of the animals were found strewn around Sydney CBD laneways close to wear Mr McMahon ran a financial planning business… Read more »

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