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District Court Backlogs

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December 8, 2015

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Over the weekend (6/7 Dec 2015) there was press about the Attorney General, Ms Upton, providing $20 million to fund acting District Court judges and other facilities to clear the largest backlog since 2007. It now takes an average of 369 days, or so the press reports, to conclude a matter in the District Court. On the surface the announcement sounds like good news but as ever, scratch the details and the news is not as good as it can be. The District Court, as important as it is and there […]


Not Guilty Verdict in State’s First Major Drug Analogue Case

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September 2, 2014

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Two weeks ago a District Court Judge found two men not guilty of all charges in New South Wales’s first major drug analogue case. The defendants were represented by Armstrong Legal. The drug analogue provisions are an interesting area of law. They were developed in an attempt to keep one step ahead of clandestine chemists. The Drug Misuse and Trafficking Act NSW contains a schedule of numerous prohibited drugs. Any substance on that list is illegal to possess, manufacture or supply. However, relying on the list alone leaves a gaping loophole. […]


Mandatory Sentencing

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January 22, 2014

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The Premier of NSW has just announced a new package of legislative reforms to make late night drinking safer in Sydney. Let me start by saying that I have no problem with the noble intent behind the legislation. I have written before about the senseless waste of life caused by people who are fueled by substances and anger. However, this package of reforms introduces a poisonous concept to the system of sentencing – I speak of the principle of mandatory minimum sentencing. To my knowledge this is the first suite of […]


NSWCCA Confirms the State Needs to Prove any Allegations that they Make on a Sentence Hearing Beyond a Reasonable Doubt.

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October 9, 2013

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The NSW Court of Criminal Appeal has confirmed that the State needs to prove any allegations that they make on a Sentence Hearing beyond a reasonable doubt. The case in question was the matter of Omorogbe v R. This was an appeal from the offender against the sentence from the District Court for Possessing a Marketable Quantity of Cocaine. It was alleged that Mr Omorogbe had been the person who had been responsible for picking up the Cocaine from the post office after it had been mailed to him, the intention […]

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