Emmanuel Kerkyasharian

Admitted as a legal practitioner in 2004
Admitted as a barrister in 2010


Areas of practice

• Criminal law
• Corporate crime
• Commissions of inquiry and coronial inquests
• Appellate
• Workplace Health and Safety Prosecutions and defence
• Intentional torts and malicious prosecution

 
Emmanuel Kerkyasharian practised as a Senior Solicitor with the Western Aboriginal Legal Service from 2005 through to 2008. As a Solicitor he appeared in the Local, District and Supreme Courts, often in complex matters including homicides.
 
From 2008 through 2010 Emmanuel worked as a Senior Policy officer at the Criminal Law Review Division of the Attorney General’s Department where he created policy and shepherded legislation through Cabinet and Parliament, as well as prepared reports on numerous aspects of law reform.
 
Since coming to the Bar, Emmanuel has continued to appear in all levels of the Criminal Justice System. He has regularly run trials in the District Court, Summary Hearings in the Local Court in NSW, as well as appeared in lengthy complex trials in the Supreme Court.
 
Emmanuel is currently a member of the Legal Aid Criminal Appellate and Complex Criminal Law Specialist Barrister Panels.

Emmanuel's CV is available for download here.

Selected cases

• State of New South Wales v Dickson (Final) [2020] NSWSC 100; resisted the imposition of supervision orders pursuant to the Terrorism (High Risk Offenders) Act 2017 (NSW)

 

• State of New South Wales v Barrie (Second Final) [2019] NSWSC 1161; resisted the imposition of continuing detention orders pursuant to the Crimes (High Risk Offenders) Act (2006) (NSW)

 

• R v Carter and Anor, 2019, unreported; alleged multimillion dollar fraud by CEO; forced discontinuance by prosecutor at pre-trial hearing

 

• Orr v LakeCoal Pty Ltd (In Liquidation) (No. 2) [2019] NSWDC 360; prosecuted mining company for breaches of Work, Health and Safety legislation

 

• R v Scorringe, 2018, unreported; acquittal after complex jury trial of sexual assault allegations

 

• R v Hawchar, 2018, unreported; successfully applied for bail on proceed of crime charges laid after money-laundering probe by the Australian Federal Police, NSW Police, ASIO and the NSW Crime Commission

 

• Orr v Cudal Lime Products Pty Ltd [2018] NSWDC 27; acted for prosecutor in first successful prosecution of a Category 1 Work, Health and Safety offence

 

• Department of Planning v Wong, 2018, unreported; acted for Company Director charged with Mining Act offences; matters withdrawn prior to hearing after negotiations

 

• R v Hill, 2016, unreported; secured acquittal of charges of perverting the course of justice and perjury against police officer client after lengthy jury trial

 

• Operation Credo-Spicer, 2014; acted for client questioned before ICAC enquiry into political party fundraising; No adverse findings made

 

• Khamis v Regina (2010) 203 A Crim R 121; NSWCCA 179; leading case on the application of the rule in Browne v Dunn in criminal matters

 

• JTS Property & Investments No 1 Pty Ltd (In Liq) v Sadri [2010] NSWSC 1384; successfully recovered sum paid to defendant in uncommercial transaction on behalf of liquidator.

 

• Since 2010, provided advices to Government Departments on the extent of their investigatory powers.

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• Since 2010, appeared at State and Federal Crime Commissions and similar bodies on behalf of witnesses. 

For further details or enquiries regarding Emmanuel Kerkyasharian's areas of expertise, fees and terms of engagement please contact his Clerk. 

CONTACT HERE