Greg Walsh represented Mr Adams in a successful action for wrongful arrest, false imprisonment, and malicious prosecution in the District Court Sydney. The plaintiff was awarded $276,000 plus indemnity costs.
In this matter Greg Walsh represented the respondent in respect of the submissions of two questions of law to the Court of Criminal Appeal under s5A of the Criminal Appeal Act 1912 (NSW). The questions arose out of the trial of GK on charges of sexual assault involving GK’s step-daughter. At the trial in September 1999, the Crown tried to prove that GK was the father of the complainant’s baby by tendering evidence of DNA testing. Objection was taken to the evidence under s137 of the Evidence Act 1995 (NSW).
Ford DCJ limited admissibility to evidence that the testing did not exclude the possibility of paternity. He refused to allow evidence of likelihood of the percentage of probability of paternity. GK was represented for trial in February 2000 before Moore DCJ and a jury. The Crown again sought to lead evidence of further DNA testing which has been carried out since the first trial. Moore DCJ conducted a voir dire in which experts called by the Crown give evidence about the interpretation of DNA testing.
Moore DCJ held that legal principles required for him “not to disturb exercises of discretion from that which was exercised by His Honour Judge Ford”. He ruled that “there should not be arithmetical figures put before the jury.” The second trial aborted and the third was conducted on the basis of the rulings in the second. The jury finding the Respondent not guilty.
The Court of Criminal Appeal determined the questions as follows:
1. Where a trial judge makes a discretionary ruling on the admissibility of certain evidence, is a trial judge at a subsequent trial following a favour by the first jury to agree on its verdict bound to follow that ruling with respect to the inadmissibility of that same evidence?
No.
2. Was his Honour Judge Moore in error in refusing to admit evidence of the probability, in numerical terms derived from DNA testing that GK was the father of the complainant’s child, on the basis that there was a real risk of unpaired prejudice to the accused?
Yes as paternity index statistics, No as to relative chance of paternity statistics.
Greg Walsh represented the appellant in the Court of Criminal Appeal arising from conviction and sentence in respect of historical sexual assault matters.
Greg Walsh represented the defendant at Campbelltown Local Court in respect of a s48E Application and a subsequent committal in relation to counts of sexual intercourse before Mr4 D Pierce L.C.M. The defendant was discharged.
In this matter Greg Walsh represented the appellant in the New South Wales Court of Criminal Appeal which considered the effect of the delay of complaint and the adequacy of direction of the jury by the trial judge.
The charge against the appellant was one of sexual assault and was alleged to have occurred approximately some 25 years after the event. The Court of Criminal Appeal upheld the appeal and quashed the conviction.
Greg Walsh represented the plaintiff in respect of a decision not to award costs to the plaintiff consequent upon his being discharged in respect of charges of sexual assault involving his daughter. The Magistrate had held that it was not an appropriate matter in which to award costs. Hidden J held that the Magistrate had fallen into error and that it was a matter in which costs ought to have been awarded. Hidden J reviewed the circumstances in which it was appropriate to award costs pursuant to the provisions of the Justices Act 1902 as amended.
Greg Walsh appeared as Counsel in the New South Wales Court of Criminal Appeal on behalf of the applicant in respect of an appeal pursuant to s5F of the Criminal Appeal Act arising from the refusal of Maguire DCJ to stay an indictment in respect of historical sexual assault charges. The Court upheld the application and granted a permanent stay.
In this matter Greg Walsh represented the respondent in respect of a Crown Appeal.
In this matter Greg Walsh appeared before Studdart J in respect of the sentencing of Mr Giri arising from his conviction for murder.
Represented on a pro bono basis, Mr Walsh appeared on behalf of the offender in respect of sexual assault upon a young victim. The offender was suffering from severe intellectual impairment and a history of being sexually abused as a child himself.
Represented accused as Counsel in respect of trials for armed robbery. The accused was suffering from brain damage arising from a motor vehicle accident.
In this matter, Greg Walsh represented the appellant in respect of his successful appeal at the High Court of Australia. The appellant had pleaded guilty to a large number of sexual assault charges, some of which he was extradited from the United States of America for. The appellant had waived his rights in respect of the post extradition offences and it was argued that the sentencing judge had not given credit to the appellant in respect of those matters.