Monthly Archive September 2003

R v Brown (2003) NSWDC

In this matter Greg Walsh represented the accused in a trial of armed robbery charges. The Crown relied upon DNA evidence in which the accused’s DNA was allegedly found on a balaclava that he was alleged to have been wearing at the time of the commission of the offence. A DNA expert, namely Dr McDonald was obtained on behalf of the accused and it became apparent that the proper procedures/protocols in respect of the taping and recording of DNA samples had not been carried out. Further, the initial testing by the expert’s retained by the Crown was negative to DNA on the part of the accused but subsequent testing demonstrated a test result that was most unusual and the methodology adopted shown to be highly unreliable. The accused was acquitted by way of a directed verdict of not guilty by the trial judge.

Suncorp Metway Limited v Scarf (2003) NSWCCA 185

In this matter Greg Walsh acted for the respondent in respect of a matter heard in the District Court and ultimately heard in the New South Wales Court of Criminal Appeal. The case involved a motor vehicle accident and a claim upon an insurance policy – where the term of the police refusing indemnity if, at the time of the event which gave rise to the loss, the motor vehicle was being driven by a person whose faculties were impaired or who was under the influence of alcohol – whether the insurer had established entitlement to refuse indemnity – difficulty of attracting appellate intervention where the trial judge comes to a conclusion in favour of party upon whom the burden of proof does not lie – where there is competing expert evidence – whether trial judge’s conclusions were based on credit where inconsistent with incontrovertibly established facts – whether insured made a fraudulent misrepresentation under s28(2) Insurance Contracts Act 1984 (Cth) – whether the insurer is obliged to pay interest in accordance with s57(2) of the Insurance Contracts Act – the appeal was dismissed and the amount awarded by the District Court Judge in the sum of $224,527.00 was not interfered with.

Stanoevski v Law Society of NSW (2003) NSWADT 33

In this matter Greg Walsh acted for a legal practitioner, namely Liljana Stanoevski, who had her name removed from the Roll of Practitioners by the Administrative Decisions Tribunal. The Appeal Panel of the Administrative Decisions Tribunal upheld the appeal on behalf of Ms Stanoevski in that the Tribunal had failed to take into account a fundamental issue, namely her post-natal depression and sequelae in reaching its findings.

R v Clark (2003) NSWCCA 288

In this matter Greg Walsh represented the appellant, John Clark, in the New South Wales Court of Criminal Appeal. The appellant pleaded guilty to one count under s52A(3)(c) of the Crimes Act 1990 namely driving his motor vehicle in a manner dangerous to the public causing grievous bodily harm. Christie DCJ imposed a fixed term imprisonment of two (2) years to be served by way of periodic detention. No non-parole period was specified. The appeal was upheld and the Court consisting of Wood CJ, Simpson J and Adams J sentenced the appellant to a suspended sentence.

Wilson v State of New South Wales (2003) NSWSC 805

In this matter Greg Walsh represented the plaintiff in civil proceedings being conducted in the Supreme Court of New South Wales. The issue that arose was whether the plaintiff’s legal representative could inspect the psychology file of former Detective Michael O’Donnell produced by the Commissioner of Police upon undertaking a note not to copy any part of it and not to disclose its contents to any person, including the plaintiff unless by further order of the Court. Bell J examined the relationship between Part 36 R13 of the Supreme Court Rules and Part 3.10 of the Evidence Act in granting the plaintiff’s legal representative access to the psychology file.

Prothonotary of the Supreme Court v P (2003) NSWCA 320

In this matter Greg Walsh represented the respondent, a solicitor, in respect of an application by the Prothonotary of the Supreme Court seeking a declaration that the name of the solicitor be struck off the Role of Solicitors. The solicitor had pleaded guilty to importing a practicable quantity of cocaine and served a sentence of imprisonment. The Prothonotary applied to have her name removed from the Roll of Legal Practitioners on the grounds that a conviction constituted professional misconduct within the meaning of s127(1)(b) of the Legal Profession Act and that she was not a fit and proper person to remain on the roll. The Court found that the solicitor had been drug free for almost 5 years and that the factual matrix of the case was such that the solicitor was not at risk to the public. The application was dismissed for costs.

Law Society of NSW v West (2003) ADT 250

In this matter Greg Walsh appeared for Robert Douglas West, a solicitor, in relation to a matter before the Administrative Decisions Tribunal, alleging professional misconduct, a breach of s61 of the Legal Profession Act. The solicitor conceded the breach. The Administrative Decisions Tribunal on 24 November 2003 publicly reprimanded the Legal Practitioner and ordered him to pay the Law Society’s costs.

Zaravinos v State of NSW (NSWDC, Unreported, 10 September 2003)

In this matter Greg Walsh successfully represented the plaintiff in an action for wrongful arrest and false imprisonment.