Emmanuel Kerkyasharian

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


Areas of practice
​

• Criminal law, including jury trials & appeals
• Corporate, competition and other white-collar crime
• Work Health and Safety, and other regulatory crime
• Commissions of inquiry and coronial inquests
• Compulsory examinations

 
Emmanuel’s practice includes appearing in criminal matters in the Federal Court of Australia, state Supreme Courts, and other courts. He regularly appears unled in appeals and lengthy jury trials. He also regularly advises corporations, government agencies and individuals on criminal, civil penalty and other regulatory matters.
 
Before coming to the Bar, Emmanuel worked as a Senior Policy Officer at the Criminal Law Review Division of the New South Wales Attorney General’s Department where he was involved in drafting Cabinet minutes, formulating government policy and shepherding legislation through Parliament, as well as prepared reports on aspects of law reform.
Prior to this, Emmanuel practiced as a Senior Solicitor with the Western Aboriginal Legal Service. As a Solicitor he appeared in the Local, District and Supreme Courts, often in complex matters including homicides.

Emmanuel is currently elected to the NSW Bar Association's Bar Council.
 
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
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• Clubs NSW v Shanks, unreported; counsel for journalist accused by private corporation of criminal contempt of the Federal Court of Australia. Prosecution discontinued before final hearing.

 

• CDPP v Alkaloids of Australia Pty Ltd [2022] FCA 1424; counsel for corporation accused of cartel conduct offences pursuant to Competition and Consumer Act 2010 (Cth).

 

• State of New South Wales v Hickey (Preliminary) [2022] NSWSC 1498; lead counsel with junior, resisted the imposition of supervision orders pursuant to the Terrorism (High Risk Offenders) Act 2017 (NSW).

 

• DS v R; DM v R [2022] NSWCCA 156; junior counsel, successful appeal against the severity of a sentence imposed for murder.

 

• Police v Langker [2022] NSWLC, unreported, successfully defended journalist against criminal allegations made by the Deputy Premier of NSW.

 

• AB v R [2022] NSWCCA 104, lead counsel with junior, successful appeal against conviction for serious criminal offences.

 

• Farah v Sandilands [2021] ACAT 92; unlawful vilification; successful resisted summary dismissal on jurisdictional grounds.

 

• Commission of Police v Bassi [2020] NSWSC 710 – Black Lives Matter protest litigation.

 

• 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).

 

• 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; junior counsel, 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 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; junior counsel in 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, 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