The Queen v Saraswati (1992) (Unreported, NSWDC, per NASH DCJ)

In this matter Greg Walsh represented the Applicant in respect of an application for costs arising from the arrest of a jury’s verdict arising from his conviction on counts of sexual assault. The application was successful and the Crown was ordered to pay the Applicant’s costs.

In this matter Greg Walsh represented the Applicant, Saraswati in an application to arrest judgment arising from the conviction of Saraswati in relation to a further trial in which the same issues arised that had been determined by the High Court of Australia. An application to arrest a jury’s verdict is a most unusual application. The application was successful and the jury’s verdict was set aside.

SARASWATI V THE QUEEN (1991) HCA 21; (1991) 172 CLR 1 (5TH JUNE 1991)

In this matter Greg Walsh represented the successful appellant in his appeal to the High Court of Australia arising from the decision of the New South Wales Court of Criminal Appeal. By majority, the High Court held that it was impermissible for the Crown to prefer a charge which otherwise was statute barred in circumstances so as to avoid the time limitation provided by that provision. The order of the Court of Criminal Appeal of New South Wales was set aside and in lieu thereof the Court ordered that the appeal to that Court be allowed, that the convictions be quashed and that please of acquittal be entered on each charge.

SARASWATI V THE QUEEN (1989) 18 NSWLR 143

In this matter Greg Walsh represented the appellant in an application for leave to appeal to the New South Wales Court of Criminal Appeal. The appeal raised important issues in respect of statutory construction of the Crimes Act, 1900, and in particular in circumstances where a provision of a statute (s78) provided a defence (by virtue of a time limit) and the prosecution charged the accused pursuant to another offence in order to avoid the operation of the time limit.