Greg Walsh represented three defendants in committal proceedings heard over 62 days before Mr D Price LCM. These charges arose from a complaint that was made by W’s eldest child who had attended upon a therapist who adhered to Repressed Memory Syndrome. The prosecution’s case involved bizarre allegations. Expert evidence was called by both the prosecution and defence as to psychiatric issues including recovered memory. Each of the defendants were discharged in respect of the charges brought against them.
Represented on a pro bono basis, a young man (aged 19 years) was charged with counts of sexual assault upon two young boys (aged 5 and 6). The accused was suffering from an intellectual impairment and a judge alone trial was conducted by Urkhardt DCJ at Parramatta District Court. The trial was conducted over five days and the accused was ultimately convicted of lesser counts and a non-custodial sentence was imposed.
Represented Mr Rendell in respect of an application to set aside a wrongful conviction which was heard in the New South Wales Court of Criminal Appeal. The appeal was granted and a verdict of acquittal was entered.
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.
Represented on a pro bono basis, a young juvenile was charged with manslaughter arising from the alleged birth of her baby. The juvenile was aged only 14 years and was unaware of her pregnancy and gave birth to the child on the toilet. Greg Walsh appeared as Counsel for the child at an inquest before Mr Hande, Coroner, and made submissions to the Director of Public Prosecutions who no-billed the prosecution.