CRIMINAL LAW – NEW SOUTH WALES

State’s new bail laws leave shooting accused in custody

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Original article by Paul Bibby
The Sydney Morning Herald – Page: 8 : 29-Jan-15

New bail laws came into effect on 28 January 2015 in New South Wales. One of the first defendants to be covered is a man who is already serving a prison term for making a death threat, but has become eligible for parole. He now faces charges stemming from a separate incident, of shooting with intent to murder, assaulting with intent to rob, and damaging property. The accused has sought conditional release, but this has been denied by District Court judge Gordon Lerve. The latter noted however that he would not have granted bail under the old laws either

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DISTRICT COURT OF NEW SOUTH WALES

Domestic violence falls with AVOs, survey finds

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Original article by Emma Partridge, Kerrie Armstrong
The Sydney Morning Herald – Page: 6 : 21-Jan-15

Don Weatherburn, director of the New South Wales Bureau of Crime Statistics & Research, urges women who are victims of domestic violence to take out apprehended violence orders (AVOs). He notes that a study by his agency shows AVOs are working , with the assaults ceasing in 98% of cases once the court rulings have been obtained. A majority of the 147 respondents in the survey also saw AVOs as effective. The results come after the tragic death of a Sydney woman killed by her husband despite an AVO having been issued

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NEW SOUTH WALES. BUREAU OF CRIME STATISTICS AND RESEARCH, WOMEN’S DOMESTIC VIOLENCE COURT ADVOCACY SERVICE NSW INCORPORATED

Barbieri jailed 26 years for killing police inspector

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Original article by Paul Bibby
The Sydney Morning Herald – Page: 8 : 19-Dec-14

Supreme Court of New South Wales (NSW) judge Robert Allan Hulme has sentenced Mitchell Barbieri to 35 years’ imprisonment, with eligibility for parole after 26 years. Barbieri was allowed to plead guilty to manslaughter after initially having been charged with murder over the stabbing death of NSW police officer Bryson Anderson in late 2012. The perpetrator’s mother, Fiona Barbieri, has also received a jail term of 10 years with a minimum of seven years and six months for her role in the attack

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NEW SOUTH WALES POLICE FORCE, SUPREME COURT OF NEW SOUTH WALES, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF FOREIGN AFFAIRS AND TRADE

Bail decision probably same in WA: lawyers

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Original article by Amanda Banks, Tim Clarke
The West Australian – Page: 5 : 18-Dec-14

The New South Wales criminal justice system is under scrutiny after revelations that Muslim extremist Man Haron Monis had been released on bail despite being charged with being an accessory to murder. He was subsequently given bail after being charged with sex offences. Anthony Eyers, the president of the Criminal Lawyers Association of Western Australia, concedes that the Sydney siege gunman could have been granted bail on similar charges in the state

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CRIMINAL LAWYERS’ ASSOCIATION OF WESTERN AUSTRALIA, NEW SOUTH WALES POLICE FORCE, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, NEW SOUTH WALES. DEPT OF ATTORNEY GENERAL AND JUSTICE

Accused man wins costs

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Original article by Paul Bibby
The Sydney Morning Herald – Page: 7 : 16-Dec-14

The New South Wales Director of Public Prosecutions withdrew a murder charge due to there being "no reasonable prospect of conviction". The trial of Brian Thomas Bradbury over the death of his wife in 2011 had been due to start in the Supreme Court. On 15 December 2014, a ruling was handed down that the state should compensate the accused for his legal costs. Acting Justice Jane Matthews noted the weak case of the Crown, which was based on circumstantial evidence

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SUPREME COURT OF NEW SOUTH WALES, NEW SOUTH WALES. DIRECTOR OF PUBLIC PROSECUTIONS

Obeid to be charged with corruption

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Original article by Geoff Winestock
The Australian Financial Review – Page: 5 : 21-Nov-14

The New South Wales (NSW) Director of Public Prosecutions has brought charges against ex-minister and Australian Labor Party identity Eddie Obeid, as recommended by the Independent Commission Against Corruption (ICAC). It found he had exerted undue influence on party colleagues Eric Roozendaal, Carl Scully and Joe Tripodi as well as the Maritime Authority of NSW’s Stephen Dunn, to secure licenses for restaurants at Circular Quay in Sydney. ICAC has also gained corruption charges against ex-Labor minister Ian Macdonald, though not Obeid, in the case involving the granting of coal mining permits

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NEW SOUTH WALES. INDEPENDENT COMMISSION AGAINST CORRUPTION, NEW SOUTH WALES. DIRECTOR OF PUBLIC PROSECUTIONS, NSW MARITIME, CIRCULAR QUAY RESTAURANTS PTY LTD, DOYLES CREEK MINING PTY LTD, AUSTRALIAN LABOR PARTY, LOCAL COURT OF NEW SOUTH WALES, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, COURT OF APPEAL (NEW SOUTH WALES)