Represented the accused in complex sexual assault cases. Issues as to identification at preliminary hearing. The accused was discharged in respect of two complainants and committed for trial in respect of other complainant. The matter was heard before Latham DCJ.
Represented an infant plaintiff in a civil action arising from a tragic accident in which the plaintiff’s penis was severed whilst sliding on an aluminium seat. The infant was awarded $350,000 damages .
In this matter Greg Walsh represented the appellant in an appeal to the High Court of Australia. The appellant had been convicted of five counts of sexual assault whilst he was a teacher at a private school in Sydney. The Court of Criminal Appeal had dismissed his appeal against conviction. The appeal raised issues in respect of corroboration and character evidence and evidence of similar sexual conduct in relation to a witness and whether evidence was capable of amounting to corroboration and whether the failure by the trial judge to direct the jury as to permissible use of evidence amounted to a miscarriage of justice. The High Court by majority held that the trial judge had fallen into error in not providing directions as to these issues and the order of the New South Wales Court of Criminal Appeal was set aside and in lieu thereof the convictions were set aside and a new trial was ordered.
Represented Mr Woodham in a civil action in the Supreme Court heard by Grove J, whereupon findings made by Mr Temby, ICAC Commissioner, were overturned.
Represented a juvenile in respect of a notorious murder known as the “Campsie Driveby Shooting”. Juvenile ultimately pleaded guilty to manslaughter and sentenced to 2 years detention in a juvenile institution.
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 McLeod-Lindsay in civil proceedings arising from his alleged wrongful conviction and false imprisonment. This matter was successfully mediated by Sir Laurence Street.
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 68 plaintiffs in civil proceedings instituted in the Supreme Court of New South Wales arising from their wrongful detention and imprisonment. The case was a complex one involving a large number of plaintiffs.
Represented children in the case that became known as the ‘Children of God” case. Care proceedings were conducted over 42 hearing days and represented the children in respect of those care proceedings. The proceedings were ultimately terminated as a result of the mediation conducted by Sir Laurence Street.
In this matter Greg Walsh represented a father, mother and grandmother in respect of care proceedings that was heard over a period of 107 days. The hearing dealt with complex issues arising from allegations based upon the complaint of one of W’s children who suffered from Repressed Memory Syndrome.
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.