By Paul Gregoire and Ugur Nedim In reaching a decision as to why Titus Day should not be refused bail following conviction, NSW Supreme Court Justice Peter Garling analysed a provision requiring bail to be refused unless there are exceptional or special circumstances in his final findings of 18 July2022, which pointed to the deficiencies of… Read more »
NSW Courts Articles
Intensive Correction, Community Correction and Conditional Release Orders in NSW
By Paul Gregoire and Ugur Nedim With the recent rise in climate defenders taking nonviolent direct action in NSW, there are increasing numbers of otherwise law-abiding citizens coming into contact with the criminal justice system, who are most often being sentenced to community-based orders. The imposition of such penalties can be somewhat confusing, especially as… Read more »
Bail Granted Under Tough New Law When ‘Special Circumstances’ Found
By Paul Gregoire and Ugur Nedim Referred to as ET in the NSW court system, as he was 17 at the time of his offending, a member of the gang the Claymore Boys has just been released on conditional bail over the death of 18-year-old Alex Ioane at a house party, which turned into an… Read more »
The Mandatory Minimum Should Only Be Applied to the Least Serious Offences
By Paul Gregoire and Ugur Nedim NSW police executed a warrant at the home of Enrico Delzotto in the southern NSW town of Mulwala on 1 July 2020. Officers seized the 57-year-old chef’s laptop, tablet and phone, on which, a forensic digital analysis found, there were 2,653 files containing child abuse material. The analysis further… Read more »
Lawyers Slam Further Tightening of NSW Bail Laws
By Paul Gregoire and Ugur Nedim The NSW government rushed through new bail laws last week, with many including criminal lawyers asserting that the amendments are ill-considered and could represent an obstacle to certain defendants being able to undertake important programs and demonstrate rehabilitation in the lead-up to the finalisation of their cases. The laws,… Read more »
The ABF’s Powers to Search and Seize Electronic Devices, Require Passwords and Copy Data
By Paul Gregoire and Ugur Nedim Australian Border Force officers performed warrantless searches of 41,410 electronic devices belonging to passengers at international airports from January 2017 through to December 2021. These searches involved smartphones, laptops and other devices, such as removable storage drives. Obtained by IT News via a freedom of information request, these figures provide a… Read more »
High Court Strikes Down Dutton’s Citizenship Cancellation Terror Powers
By Paul Gregoire and Ugur Nedim The High Court determined last week that Abbott-era powers that permit dual citizens to be stripped of their Australian citizenship, if suspected of engaging in terrorism activity overseas, are unconstitutional. The citizenship laws were initially drafted by then immigration minister Peter Dutton in 2015 and subsequently amended by him in… Read more »
A “Travesty”: Magistrate Finalises Case in Three-Minutes Without Prosecutor or Reasons
By Paul Gregoire and Ugur Nedim “Several remarkable things happened in the Dubbo Local Court that day”, said NSW Supreme Court Justice Peter Hamill at the outset of his 1 June final findings in regard to the 11 February 2022 NSW Local Court case R versus Faiva Peckham. His Honour last week described the three-minute-long case presided… Read more »
NSW Police Given the Power to Search Past Drug Offenders Without a Warrant
By Paul Gregoire and Ugur Nedim In mid-May, news hit that western Sydney is in the grips of a gang war, which involves feuding between the Alameddine and Hamzy families, and has resulted in 13 dead gang members. So, the NSW Police Force has launched Taskforce Erebus in response. In its first week, Erebus had reportedly… Read more »
Dutton’s Loses Defamation Case as Tweet Hadn’t Implied Anything Untrue
By Paul Gregoire and Ugur Nedim Dedicated refugee rights advocate Shane Bazzi posted a tweet late night on 25 February last year, which stated, “Peter Dutton is a rape apologist”. The tweet also featured a link to a June 2019 Guardian article titled, Peter Dutton Says Women Using Rape and Abortion Claims as Ploy to Get… Read more »