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Gabrielle Bashir SC

Admitted as a legal practitioner in 1996
Admitted as a barrister in 2000
Appointed Senior Counsel in 2014


Gabrielle Bashir SC is a senior criminal lawyer practising at all levels of the justice system- the High Court, Court of Criminal Appeal, Supreme Court, District Court and Local Court. She has appeared in many notable matters at both trial and appellate level and in high-profile matters. Her expertise includes complex Federal criminal cases such as allegations of cartel conduct, foreign bribery, tax fraud, insider trading, and State cases such as homicide, major drug importations and supply, firearms offences and personal violence matters.
 
Gabrielle is a past President of the Bar Association of NSW, a former Director of the Law Council of Australia, the Australian Bar Association and of Forbes Chambers, and former co-Chair and member of both State and National Criminal Law Committees and member of Working Parties on the overrepresentation of Indigenous Persons in Custody. She was frequently called on to give expert evidence on the operation of proposed laws before parliamentary committees, at both Commonwealth and State level on behalf of the Law Council and the NSW Bar Association.
 
Gaby represents indigent accused and those most vulnerable in the community, including mentally ill persons and children. She has been responsible for the overturning of many convictions as miscarriages of justice on appeal, including following inquiries. She represented the family of Tori Johnson who was tragically killed in the Lindt Café Siege at the inquest, amongst several other notable inquests where she has appeared as counsel assisting and for interested parties. She has appeared as junior and later senior counsel on seminal cases in relation to the right to silence, appeals from acquittals, double jeopardy, Crown appeals, procedural fairness and apprehended bias matters, fresh evidence cases and acted in the seminal case on disadvantage for First Nations persons in sentencing, Bugmy v The Queen. Under her stewardship as President of the NSW Bar, positive duties and updated best practice guidelines were introduced, underpinning cultural change at the bar.  
 
Gaby also practices in administrative and public law cases, judicial review, proceeds of crime litigation, high risk offender matters, supervision and detention order applications, commissions of inquiry and disciplinary matters. She represents and advises corporations, defendants, witnesses and victims of crime in criminal investigations, prosecutions and defences. 

Gaby is an Adjunct Professor in the School of Law, Justice and Criminology, Faculty of Law and Justice at the University of New South Wales.

Principal areas of practice

  • Criminal law
  • Appellate
  • Administrative and public law
  • Judicial review
  • Preventative orders
  • Commissions of inquiry and inquests
  • Corporate crime
  • Disciplinary proceedings
  • Statutory offences

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Recent cases of note

Court of Criminal Appeal, Court of Appeal, High Court

  • Ko v R [2025] NSWCCA 129 - Criminal Code (Cth) fault element for attempt to import border control drugs - misdirection as to state of mind 
 
  • The King v Batak [2025] HCA 18 - revocation of grant to the Crown of special leave to appeal- interests of justice when reformulation of argument on appeal in High Court
 
  • Batak v R [2024] NSWCCA 66 - accessory before the fact implicitly excluded from an offence of constructive murder - difference between accessorial liability, joint criminal enterprise and extended joint criminal enterprise - R v Sharah distinguished and explained
 
  • Wells v R [2024] NSWCCA 8 - statutory interpretation of disqualification provisions
 
  •  BQ v The King [2024] HCA 29 - expert evidence, opinion evidence, credibility evidence
 
  • DS v R; DM v R [2022] NSWCCA 156 - objective seriousness and moral culpability, youth, constructive murder
 
  • Hoang v The Queen [2022] HCA 14 - Jury Act (NSW) - Mandatory discharge - juror searching internet- "constitution and authority of the jury” - juror misconduct
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  • RE v R [2022] NSWCCA 73 - fitness to be tried - new evidence on appeal as to unresolved question as to fitness at trial
 
  • Hodgson v R [2022] NSWCCA 72 - s 133 Criminal Procedure Act - uncontradicted evidence that appellant did not live at residence or was not present when offences committed - evidence of reconstruction - unreasonable verdicts - acquittals
 
  • Salgado v R [2022] NSWCCA 58 - cross-admissibility of evidence on multiple count drug supply trial- not relied on tendency evidence- risk of tendency reasoning- directions.
 
  • Martinez v R [2022] NSWCCA 12 - manslaughter- findings on balance of probabilities in mitigation can be found where jury not satisfied beyond reasonable doubt of an element of offence- discount for guilty plea offered before trial
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  • Constantinidis v R; Lazar v R [2022] NSWCCA 4 - unreasonable verdict- directions in judge alone trial- perverting the course of justice
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  • Clarke v R [2021] NSWCCA 248 - application of the totality principle and the parity principle.
   
  • Gleeson v Director of Public Prosecutions [2021] NSWCA 63 - apprehended bias- judge’s partner of 29 years advising police pre-trial- application of Ebner - certiorari - prohibition
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  • FB v R  [2020] NSWCCA 137 - purpose and use of good character evidence- use of evidence in rebuttal of evidence of good character- anti-tendency direction
 
  • LN v R [2020] NSWCCA 131 - murder - mental illness - reduction in moral culpability - uncharged acts preceding offence
 
  • Hogg v R  [2019] NSWCCA 323 - Special caution s 89A Evidence Act 1995- right to silence – right to silence in police questioning- silence based on legal advice unchallenged- no adverse inference to be drawn- good character evidence- impermissible cross-examination by prosecutor- breach of rule in Browne v Dunn- acquittal entered
 
  • IW v R [2019] NSWCCA 311 - Good character evidence- prohibition on cross-examination to suggest “bad character”- trial directions on character- directions of caution and regard to whole of evidence of trial on replaying evidence of complainant- unreasonable verdict- acquittal entered
   
  • Martinez v R; Tortell v R [2019] NSWCCA 153 - Murder conviction quashed- joint criminal enterprise- inadequate directions on manslaughter- Azzopardi direction on right to silence- consciousness of guilt- conviction quashed- acquittal on one count and new trial on another
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  • Castagna v R; Agius v R [2019] NSWCCA 114 - Appeal- Allegations of Income Tax Fraud- Ordinary income- Trusts- Statutory interpretation- Conspiracy- Proceeds of Crime- Acquittal
 
  • Blundell v R [2019] NSWCCA 3 - Accessorial liability- words alone- directions on accessory before the fact – murder- conviction quashed- new trial- ultimately no billed
   
  • Yu v R [2018] NSWCCA 201 - Misdirection on element of consent- Rule 4 Criminal Appeal Rules- convictions quashed
 
  • Tarrant v The Queen [2018] NSWCCA 21 - Apprehension of bias- substantial impairment- ‘battered spouse’- sentence quashed- remitted for fresh sentencing proceedings
 
  • DL v The Queen (2018) 92 ALJR 764 - Failure to afford procedural fairness by appellate court- miscarriage of justice- remitted for re-hearing of appeal
 
  • DPP (Cth) v Easton (2018) FLR 374 - Constitutional law- Elections – Non-judicial organs of government- Statutory interpretation – conscientious objection- valid and sufficient reason for failing to vote- Crown appeal upheld
 
  • Commissioner of Corrective Services v Liristis (2018) 98 NSWLR 113; 358 ALR 741 - Administrative law- judicial review- reviewable decisions and conduct- fair trial- inherent power of Supreme Court- “right of access to the courts”- independent supervisory jurisdiction of the Supreme Court- appeal upheld​
 
  • Prothonotary of the Supreme Court of NSW v Dangerfield [2016] NSWCA 277 - Procedural fairness- contempt- statutory interpretation- Local Court Act 2007 s24 (4)- conviction quashed
 
Recent Inquiries, Inquests and Review of decisions relating to the same
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  • Croatian 6 Inquiry - 2024-2025 - Inquiry into six convictions - allegations of historic police misconduct and non-disclosure - acting for former detective of NSW police.
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  • Inquest into death of Leisl Smith 2024-2025 - Senior Counsel assisting at inquest following a murder trial ceased on application of the principle of abatement
 
  • Inquest into death of Dwayne Johnston 2019, 2023 - acting for Corrective Services, death in custody of inmate - recommendations as to review of powers for both use of force and shooting at escaping inmates
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  • Inquest into the deaths arising from the Lindt Café siege (2016-7) - Terrorism- expert evidence-investigation and intelligence- negotiation- command and control of police operation- snipers- emergency action- hostage and family management- ADF and AFP involvement- risk models- representative for family of deceased hostage  
 
  • JB v The Queen (No 2) [2016] NSWCCA 67  - Inquiry by Court of Criminal Appeal into conviction - evidence absent compromised evidence called at original trial not sufficient to sustain conviction- acquittal
 
  • Buttrose v Attorney General (2015) 324 ALR 562 - Administrative law- judicial review - s 78 Crimes (Appeal and Review) Act 2001 -power of single judge to refer sentence for review- doubt or question as to sentence imposed
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  • JB - Application for Inquiry into Conviction pursuant to s 78 Crimes (Appeal and Review ) Act [2014] NSWSC 1714 - Murder conviction of young person referred for review - doubt or question about guilt- questions as to prosecution duty of disclosure – conflict of interest of legal practitioner


For further details or inquiries regarding Gabrielle Bashir’s areas of expertise, fees and terms of engagement, please contact her Clerk.

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CONTACT HERE


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