NSW Courts Articles

Judicial Independence is More Important Than Ever

By Paul Gregoire and Ugur Nedim “Most Australians assume that an Australian judge would not hesitate to find against the government or a government agency if the law requires that result,” said High Court Justice Jacqueline Gleeson, in a recent speech on judicial independence in liberal democracies. Appointed to the highest court in March last year, Gleeson,… Read more »

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Courts Cannot Consider Agreed Facts Relating to Coaccused During Sentencing

By Paul Gregoire and Ugur Nedim After migrating to Australia from Pakistan as a young man in 2001, Zeeshan Kareem met Imtiaz Malik, who, at 16 years his senior, was a respected elder in the local Pakistani community. In March 2013, Malik asked Kareem for assistance in setting up a business, which was then registered… Read more »

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High Court Rules Indefinite Detention of High Risk Offenders Is Constitutional

By Paul Gregoire and Ugur Nedim The High Court of Australia has, for the second time in 18 months, ruled in favour of a legal regime that permits indefinite detention. However, unlike its June 2021 ruling, which found that the executive can detain illegal noncitizens without end, last Wednesday’s decision impacts inmates deemed high risk. The case… Read more »

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Sentence Quashed After Lawyer Enters Guilty Pleas on Behalf of Client Without Instructions

By Paul Gregoire and Ugur Nedim Central Coast man Paul Stuart had consumed half a bottle of rum on a friend’s boat on the evening of 20 February 2020, when he called a friend to pick him up. The woman arrived at around 9.30 pm and took Stuart to his Brisbane Water home, where the… Read more »

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Google Not Liable for Providing a Link to a Defamatory Article, High Court Finds

By Paul Gregoire and Ugur Nedim In a turnaround to the findings relating to other recent internet publication defamation suits, the majority of the High Court recently found that Google, as respondent, wasn’t the publisher of an article listed in its search engine’s results, but rather the tech giant merely facilitated access to it. Melbourne… Read more »

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NSW Supreme Court Explains Local Court’s 5 Year Limit on Consecutive Prison Sentences

By Paul Gregoire and Ugur Nedim On 22 September 2019, Cody Perrin was arrested on charges of assault and intentionally or recklessly damaging or destroying property in relation to a domestic situation where an apprehended domestic violence order (ADVO) was in place for the protection of his partner. On 14 January 2020, he was refused… Read more »

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The Offence of Displaying a Nazi Symbol by a Public Act Without Reasonable Excuse

By Paul Gregoire and Ugur Nedim The NSW government last Thursday banned the public display of Nazi symbols, including the Hakenkreuz, the Third Reich’s corruption of the ancient swastika, making this state the second jurisdiction nationally to prohibit the insignia associated with antisemitism, racism and genocide. Introduced in late June, the Crimes Amendment (Prohibition on Display of… Read more »

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Defendant’s Perception Is Crucial When Assessing Manslaughter Based on Excessive Self-Defence

By Paul Gregoire and Ugur Nedim During Paul Newburn’s 16 December 2020 sentencing hearing, it was an accepted fact that in having fatally stabbed Glen Smith in the Lake Macquarie suburb of Bolton Point in January the year prior, the offender had the intention of causing grievous bodily harm rather than death. Newburn and his… Read more »

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Calls for Comprehensive Rehabilitation Programs, As Intensive Ones Aren’t Reducing Reoffending

By Paul Gregoire and Ugur Nedim NSW premier Dominic Perrottet has a set of fourteen priorities, one of which aims to reduce the adult recidivism rate in this state by 5 percent by 2023. The recidivism, or reoffending, rate involves the number of inmates leaving prison and being reconvicted within a certain timeframe. Statistics show that… Read more »

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