Case History

In this matter Greg Walsh represented Tyson Will in the most tragic of circumstances. On Tuesday 24 July 2018, Tyson Will drove a motor bike on a farm situated at Delungra, approximately 90 km south of Moree. Tyson, who was 32 years of age at the time, had been brought up in the farming life, from a very young age. He had been riding motor bikes on his parents’ farm since he was 6 years of age. Tyson was happily married with three (3) beautiful children, namely Harper, Hunter and Montana. The farm, which was owned by Tyson’s father, consisted of 3,000 acres and operated as a cattle and cropping farm. Tyson’s father, Ivan, had noticed that some cattle had got out of a paddock, no doubt due to the chronic drought conditions. At about 9.00 am Tyson decided to take Harper and Montana over to see “Pop”. Harper and Montana were placed in front of’ Tyson, on a Honda motorbike. Neither child was wearing a helmet or protected clothing. The motorbike had been in use for about thirteen (13) years and was not registered, as is the case with such motorbikes, as used on rural properties. Tyson drove the

On 11 September 2018, Mossop J delivered judgement as to the application for a permanent stay of the special hearing by John Chute. Greg Walsh appeared on behalf of the Accused. The history of the matter is set out in a number of judgments of the Supreme Court; R v Chute [2017] ACTSC 246; R v Chute (No 2) [2017] ACTSC 347; R v Chute (No 3) [2017] ACTSC 409. On 19 June 2018, the ACAT appointed William Tarrant, a member of the Marist Brothers religious order, as guardian for the accused with power to make an election for the proceedings to be by judge alone. On 26 July 2018, Mr Tarrant made an election for the special hearing to be a trial by a single judge without a jury. On 9 and 20 August 2018, the parties indicated that they did not wish to be further heard in relation to the application for a stay. The basis of the application for a stay was previously set out in the judgement of Mossop J at [2] in R v Chute (No 2) [2017] ACTSC 347. The history of the Accused was set out in Mr Walsh’s Affidavit of 10 October 2017.3

On 17 November 2017, Mossop J gave reasons for his conclusion that the fact that the procedure in s.316(2) of the Crimes Act 1900 (ACT) had been overlooked, did not avoid the obligation to determine whether or not the accused was capable of making an election to have a special hearing conducted as a trial by judge alone: see R v Chute (No 2) [2017] ACTSC 347. Greg Walsh appeared as Counsel for John Chute. An Affidavit of Mr Walsh dated 20 November 2017 was relied upon in the further hearing of the matter. A forensic psychiatrist, Dr John Albert Roberts, gave evidence and his Honour had set out the psychiatrist’s findings in respect of an examination of the Accused at the age care facility where he resided. Dr Roberts was of the opinion that the Accused was not capable, by virtue of his mental state, of appreciating matters that he would need to consider in coming to a decision in relation to the need for him to elect a judge alone trial or a trial by judge and jury. Mossop J at [10], concluded that the evidence of Dr Roberts was consistent with the evidence of Mr Walsh, arising

In this matter Greg Walsh acted for Chute. On 24 July 2017, Murrell CJ found that John Chute was unfit to plead to an indictment containing 16 counts; R v Chute [2017] ACTSC 246. On 12 October 2017, the Accused sought an order that there be a permanent stay of the special hearing. Mossop J in R v Chute (No 2) [2017] ACTSC 347 at [2] set out the grounds of the application on behalf of the Accused. Greg Walsh appeared as Counsel for the Accused in respect of the hearing of the application. On 15 and 16 November 2017, argument took place in relation to the application for a stay. In the course of the argument, it became apparent that following this decision of Murrell CJ, neither of the parties nor the Court had given consideration to the operation of s.316(2) Crimes Act. That permits a person who has been found unfit to plead to elect, either directly or via a guardian to have a special hearing conducted as a trial by judge alone as opposed to a trial by jury. Mossop J considered the interrelationship between s.316(1)(2) Crimes Act and section 68A & B of the Supreme Court

Greg Walsh acted for Adam Filippone (‘The Accused”) who was charged with murdering Peter Wayne Murphy (“The Deceased”) on 17 August 2008. In the alterative, he was charged with one count of assisting Gregory Alan Russell (“Russell”), who had committed the murder in order to enable Russell to escape prosecution. Russell committed suicide on 7 May 2010 and was never charged for the homicide. The Deceased resided in Central Australia. He had for some time lived and worked in Yuendumu Community. In the six (6) weeks prior to his death he had been living in Alice Springs. The Deceased went missing on or about 17 August 2008. The Crown case was that between August 2008 and May 2010 Adam Filippone and Russell had relocated to Queensland in late 2008. Prior to his suicide, Russell spoke to his then partner, Wendy Hassett, who recorded that conversation. Russell admitted killng the Deceased and said that “Wog” (Adam Filippone) was present and involvéd in the killing. He marked the map depicting where the murder took place and where the Deceased’s body could be found. Police then located the Deceased remains in a shallow grave. The autopsy established that the Deceased suffered two bullet

On the night of 30 April 2008 a group of friends attended the Commonwealth Hotel in Balmain to celebrate before the pub was handed to a new owner the next day. After the celebrations 14 people in various states of intoxication boarded a working boat to travel from Balmain to Watson’s Bay in order to deliver some keys to some people. Mr Reynolds was the ‘skipper’ in charge of navigating the boat, though he handed the boat to Mr Small to navigate. Mr Small was heavily intoxicated and unfamiliar with navigating vessels. Tragically, he crashed the boat into another vessel on the harbour which resulted in 6 deaths. Mr Walsh acted for Mr Small at trial and sentencing. Mr Small was convicted of 6 counts of dangerous navigation resulting in death and after considering the special circumstances raised by Mr Walsh and Counsel he was sentenced to a reduced sentence of 7 and a half years with a non-parole period of 5 years. A full copy of the judgement can be read here  

In this matter Greg Walsh acted for Maria Fitzsimons who was the subject of a complaint of professional misconduct by the Council of the Law Society of New South Wales. The Council of the Law Society of New South Wales alleged that Maria Fitzsimmons was guilty of professional misconduct on 3 matters, namely: The Solicitor misappropriated trust monies The Solicitor misled or attempted to mislead the Law Society The Solicitor made a false Statutory Declaration Maria Fitzsimons is the wife of Christopher Ronald  Fitzsimons who employed her as a Solicitor.  On 2 December 2005 the sum of $603,097.47 was deposited into the joint account of the Solicitor and her husband and in doing so it was contended by the Law Society that she mis-appropriated that sum.  A sum of $603,097.47 funded other withdrawals from the joint account. The deposit slip was forensically examined by Mr Paul Westwood a forensic doctor and examiner who concluded that it was highly probable that the questioned documents were written by the writer of the M Fitzsimons specimens. The solicitor was admitted in the Supreme Court of NSW on 19 May 1990.  She filed to reply in which she denied the allegations and facts pleaded

In this matter Greg Walsh acted for JF who had been charged with a number of counts of sexual assault involving his step-daughter. The Director of Public Prosecutions no billed each of the charges.  The circumstances that led to the decision of the Director involved an argument in respect of sexual assault communications privilege.  A large amount of documentation was provided to the Court and a number of email communications between the Complainant and various counsellors were released by His Honour to the parties. An application was made for a Certificate under the Costs in Criminal Cases Act 1967. The application was opposed. The Crown took a jurisdictional point and contended that the Court did not have jurisdiction to grant a Certificate.  The Crown asserted that there had been no practical purpose for the arraignment of the Accused and that steps ought to have been taken at an earlier time for access to be sought to the subject material that was the subject of sexual communications privilege. The Crown relied upon reported decisions of the District Court namely Kaldon Karout (unrep, 15/10/2004) NSW DC per Blackmore DCJ) and Leslie Evans (unrep, 21/04/2005 per Armitage DCJ).   In effect the Crown argued

On 7 September 2012, Greg Walsh appeared for Mr Edward John Saffin in sentencing proceedings before his Honour Judge Black QC at District Court, Lismore. Edward John Saffin had pleaded guilty to a charge of “Accessory After the Fact of Armed Robbery”. He had been remanded in custody for a period of approximately six and a half months and admitted to an intensive rehabilitation program for a period of seven and a half months. His Honour granted a remand pursuant to s.11 of the Crimes (Sentencing and Procedure) Act 1999 (NSW) on condition that the offender undertake supervision by the Adult Probation and Parole Service and continue to undertake supervision by the Adult Probation and Parole Service, as well as continued psychiatric and drug and alcohol treatment. The Offender faithfully complied with conditions imposed by His Honour, including regular attendances upon his treating psychiatrist, psychologist and counsellor. His Honour imposed a sentence of two (2) years wholly suspended on the condition that the Offender continue to attend upon his treatment.

On 6 September 2012, Greg Walsh appeared for Edward John Moffat at the District Court, Mackay in respect of his plea to a count contrary to s. 474.19(1)(1) of the Criminal Code Act 1995 (CTH). The sentencing proceedings were heard by her Honour Judge Dick SC. The offender had a prior conviction of ‘Indecent Dealing’ and also an extensive subjective history. He had entered a plea at the earliest opportunity and had fully cooperated with investigating police. At the time of the execution of the search warrant the offender made admissions as to his conduct. The total number of images accessed by the offender amounted to 1,640 of which 98.5% were at level 1 on the Child Exploitation Tracking System (CETS) scale. His Honour sentenced the offender to a term of imprisonment of eight (8) months with an actual term of imprisonment of three (3) months and then a period of supervision for fifteen (15) months.

In this matter Greg Walsh acted for the Plaintiffs in proceedings heard before P Taylor SC DCJ. The Defendant made an application for a stay of proceedings during related criminal proceedings.  An application was also made by the Defendant to restrict access to subpoena documents arising out of related criminal proceedings. Greg Walsh acted for each of the Plaintiffs in respect of an incident that occurred on Monday 26 September 2011 at Colyton.  Two police officers attended this address when one of the Plaintiffs, Mr McMaster was shot in the abdomen by one of the police officers in the presence of the other two Plaintiffs. Mr Walsh swore an affidavit opposing that the documents produced by the State of NSW “have not been accessed, uplifted or copied by” he or any of his staff or to his knowledge “any other person on behalf of the Plaintiff.” In our argument the Plaintiff’s position was supportive of the criminal proceedings which arose out of the invasion of the home of the Plaintiffs and which had occurred just prior to the shooting of the incident in which Mr McMaster was shot by police. The Defendant asserted that each of the Plaintiffs should not

In this matter Greg Walsh acted for International Australian Champion Golfer, Wayne Riley, and his mother who were charged with assault occasioning actual bodily harm and affray. The charges arose as a result of an incident after Wayne’s father, Graham Riley, 71, was involved in an altercation with a youth two days before Christmas in 2010. Wayne who has played in the European Golf Circuit for 20 years and has been a British Television Sports Commentator, denied emphatically that he was guilty of assault occasioning actual bodily harm, common assault and affray. His mother Jeanette also strenuously denied her guilt. The incident occurred when the Riley family were on their way to a local restaurant at Oatley when the youth was involved in a ‘push and shove’ incident with Wayne’s father. The 1991 Australian Open Champion Golfer had been heading to a bottle shop when the scuffle between his father and the youth occurred. On his return to where his father was with the youth, Wayne allegedly got into an altercation with the youth. A number of neighbours, including a police officer, came onto the scene. The Court then heard that Mrs Riley also became involved and ended up on

In this matter Greg Walsh acted for Luke Anthony Jarvie who had been charged with the offences of hinder police; resist arrest and assault police arising from an incident at The Rocks on the evening of 26 July 2008. Luke Jarvie was then aged 19 years and had attended a function at the Rocks with his friends. He had left the function and had walked in an easterly direction towards Argyle and George Streets, Sydney. He was not aware that approximately 400 metres away, another member of the public had been observed by patrolling police, Senior Constables Buxton and Patton, throwing a witches hat from one side of Argyle Street to the other. Senior Constables Patton and Buxton exited their police vehicles and gave chase to the ‘thrower’. At about 11.40pm on a Saturday evening there are many members of the public upon Argyle Street, however both Patton and Buxton ran at full pace seeking to apprehend the ‘cone thrower’. At the intersection of Argyle and George Streets, Mr Jarvie heard a noise and turned towards the noise and came into collision with the officers, firstly with Senior Constable Patton. Mr Jarvie instinctively put his hands up and Senior Constable

In this mater Greg Walsh appeared on behalf of the applicant in the New South Wales Court of Criminal Appeal. The applicant sought leave to appeal against the sentence imposed upon him in the District Court following his plea of guilty with the intent to maliciously inflict grievous bodily harm. The applicant and the victim were amongst a number of guests at a wedding ceremony and reception. In the course of the evening there was a disagreement with a man who was part of the bridal party. The applicant and three of his friends were asked to leave the reception by members of the families of both the bride and groom. The offender and his three friends walked down the driveway from the reception to the roadway, a distance of about 70 metres. The applicant had in his possession a 700ml glass vodka bottle which was still sealed and full. The bride’s father was walking behind the applicant and his friends in order to ensure they left the premises. As he reached the exit gate to the driveway the applicant was pushed in the back and he swung the glass bottle which he was holding and struck the victim with

In this matter Greg Walsh acted for M who on 18 June 2007 was arrested by police at his home in Balmain and charged with assault and resist arrest. It was the accused’s case that he was the subject of a vexatious complaint. This had arisen in the course of an alleged domestic violence incident. The incident had been privately witnessed by persons in the adjoining home who had contacted police. The case concerned the powers of the police under statue and common law to enter premises and in particular the Law Enforcement (Powers & Responsibilities) Act, 2002. It was argued by Greg Walsh on behalf of the accused that his arrest was unlawful on a number of grounds. The primary ground that in order for there to be a lawful arrest the police must suspect on reasonable grounds that arrest is necessary to achieve more of the purposes referred to in s99 of LEPRA. In the course of the argument, the observations of Smart AJ in R v Rondo (2001) was referred to. Further, the decisions of the Court of Appeal in State of New South Wales v Kuru and Pringle & Ors v Everingham (2006) arose. The Court

In this matter Greg Walsh acted for the applicant who had been charged with the murder of his wife. He has initially been refused bail and an application for bail was made to the Supreme Court of New South Wales. Rothman J heard the application and after extensive argument granted the applicant conditional bail. The issue before the Court was whether in terms of s9C of the 1978, the Court was satisfied that “exceptional circumstances” justify the grant of bail. Rotham J referred to the observations of Johnson J in R v Young (2006) NSWSC 1499. The crown opposed bail and relied upon the decision of the Court of appeal in the Commonwealth DPP v Germakign (2006) NSWCA 275. His Honour also referred to R v Daron John Wright (unreported 7 June 2005) and R v DPR (unreported 1 August 2007). His Honour made specific reference to the evidence of Professor Yeo as to the needs of the applicant and the danger to his health from his imprisonment. His Honour accepted that the applicant’s medical and health needs are not being met and his health is seriously deteriorating. His Honour made findings that the other provision of s32 of the

Greg Walsh represented Omar Baladjam, an Accused standing trial in the Supreme Court of New South Wales of an offence of ‘conspiracy to do acts in preparation of a terrorist act or acts’ contrary to ss.11.5 and 101.6 of the Criminal Code Act 1995 (CTH). The matter was heard by Justice Whealey, who dealt with a number of pre-trial and trial applications before the matter was heard by a jury in 2008. Click here to view His Honour’s judgment.

In this matter Greg Walsh acted for Omar Baladjam. Mr Baladjam and eight (8) other accused had been charged with a conspiracy to do acts in preparation of a terrorist act or acts contrary to ss.11.5 and 101.6 of the Commonwealth Criminal Code Act (1995). An application was made to a Melbourne trial judge, Bongiorno J seeking certain non publication suppression orders in relation to the reporting of certain material emanating or likely from a trial in Melbourne. By coincidence the trial of 12 other men accused of terrorism commenced in Melbourne before a Judge and jury on 13 February 2008. On 21 February 2008 Bongiorno J refused the substantive application to suppress details about the application. Whealy J dismissed the application on behalf of the accused.  His Honour considered whether a Quia timet injunction can be made in an anticipatory fashion to prevent a threatened contempt of court by media outlet or outlets. His Honour accepted that there was authority for the court to grant such an injunction in circumstances where the publication of the material is prejudicial to pending proceedings.  In United Telecasters Sydney v Hardy (1991) 23 NSWLR 323 at 332; Waterhouse v Australian Broadcasting Corporation (1986)

In this matter Greg Walsh acted for the plaintiff who was the accused person in committal proceedings before the second defendant, Forbes LCM at the Hornsby Local Court. The proceedings relate to a charge of aggravated indecent assault contrary to s61M(1) of the Crimes Act, 1900 and a charge of aggravated act of indecency contrary to s61O(1)(A) of the Crimes Act, 1900. The Magistrate declined to direct that the complainant be cross-examined pursuant to s93 of the Criminal Procedure Act, 1986. The complainant at the time of the alleged offences was residing in a home care group home and is intellectually disabled. On Monday 10 October 2005, the home was short staffed and an agency was contacted and sent a carer for the nightshift. This was the plaintiff. At 7.00am the following morning the regular carers arrived and whilst assisting the complainant to shower a conversation allegedly took place between the carer and the complainant. In that conversation the complainant made reference to “oh, sore bum.” He also allegedly said, “Man played with wee wee”. The carer spoke to her colleague and then contacted the Rape Crisis Centre at Royal North Shore Hospital and conveyed the complainant to that hospital

In this matter Greg Walsh appeared for the defendant in a summons brought by the Commonwealth Director of Public Prosecutions contending that an order made by Mr Flack, Magistrate, on 9 October 2003 at the Liverpool Local Court discharging the defendant pursuant to s19B(1)(d) of the Crimes Act 1914 (Cth) be set aside. The background to the matter was that Mr Flack ordered that the defendant be discharged pursuant to s19B(1)(d) of the Crimes Act 1914 and to be of good behaviour for a period of eighteen months. It was contended by the Commonwealth Director of Public Prosecutions that the sentence imposed by the learned Magistrate was not available at law because the defendant had been convicted in the Local Court in her absence on 31 March 2000. That conviction had not been annulled due to the fact that the defendant was not aware that the conviction had been recorded until a warrant for her arrest was issued some three years after the recording of the ex-parte conviction on 31 March 2000. Hall J concluded that the conviction made and recorded by the Bankstown Local Court on 31 March 2000 constituted a determination that the elements of the offence charged

In this matter Greg Walsh acted for Brian Dean Alcorn, a solicitor who had formerly been in the employ of Marsdens Solicitors. On 6 September 2005, Mr. Alcorn was sentenced by his Honour Judge Black for six offences to which he pleaded guilty. Two of the offences were under s300(2) of the Crimes Act of knowingly use a false instrument and four offences under s249(1)(b) of the Crimes Act of corruptly receiving a benefit as an agent. The offences under s300(2) of the Crimes Act involved Mr Alcorn using a false instrument, being a statutory declaration, purportedly signed by certain persons knowing it to be flashed with intent to induce an officer of the Office of State Revenue to accept the instrument as genuine and thereby obtain monies. Each of the offences under s249B(1)(b) of the Crimes Act occurred in circumstances whereby Mr Alcorn, as the agent of Marsdens Law Group, of which he was a partner, had corruptly received from a man named Stumer, a signed but otherwise blank cheque on the understanding that the applicant could complete the cheque in his favour for a certain sum. There was tendered before the sentencing Judge, an agreed statement of facts,

In this matter Greg Walsh acted for a Mrs West who had been discharged pursuant to s19B(1)(d) of the Crimes Act, 1914. This provision provided that in effect she was discharged without receiving a conviction. The police informant made an application to the Supreme Court seeking to set aside the decision of the Magistrate. It was argued that the Magistrate did not have the power, as a matter of law, to discharge Mrs West pursuant to the provisions of the Crimes Act, 1914 (Cth). The Supreme Court in dealing with the application made a number of observations as to whether the Magistrate did have the power to deal with the matters as he did in the Local Court. It was argued on behalf of Mrs West, that the initial recording of a conviction was done ex parte and clearly she did not even known that she had been charged, let alone convicted. It was argued that ‘conviction’ amounted to no more than a mere recording of guilt. Such that the Magistrate was not precluded in dealing with the matter in the manner which he did. (See Kinney v Green [1992] 29 NSWLR 137).

Mr Fajka had pleaded guilty to an indictment which contained a single count alleging that he had committed the offence of affray in licensed premises at Bradbury. The offence to which he pleaded guilty was contrary to s93 of the Crimes Act and carried a maximum penalty of 5 years. The sentencing judge, Maguire DCJ, imposed a sentence of imprisonment of 2 years with a non-parole period of 18 months. Greg Walsh did not appear on the sentence but successfully applied for bail on behalf of the applicant pending his appeal to the Court of Criminal Appeal. In the course of the sentencing of the applicant, the sentencing Judge made a finding that he was involved in acts, to wit the stealing of a video tape, which seriously aggravated the facts in respect of which he had entered his plea of guilty. It was argued by Greg Walsh that it was impermissible for the Judge to have made such a finding and such finding was in breach of the principle in De Simino v The Queen [1981] 147 CLR 303. The New South Wales Court of Criminal Appeal (Hulme J, Simpson J and Howie J) found that it was impermissible

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.

Greg Walsh appeared as Counsel on behalf of Mr MacDonald, having represented him on a pro bono basis in respect of fraud charges.

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 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 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 represented Mr Rendell in respect of his application to set aside his conviction for murder. The applicant had been convicted of murder and a subsequent enquiry had established that such conviction was unsafe and the Court of Criminal Appeal set aside that conviction.

Greg Walsh appeared as Counsel when he represented the member for Kalgoorlie when he faced committal hearings in relation to a charge of dangerous driving occasioning actual bodily harm. Mr Campbell was discharged at committal.

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 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.

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.