Gabrielle Bashir SC

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

Gabrielle Bashir appears in courts at all levels of the criminal justice system - the High Court, Court of Criminal Appeal, Supreme Court, District Court and Local Court. She has appeared in many notable trials and appeals. She has appeared in cases raising constitutional challenges to legislation impinging on the criminal trial process.  She appears in complex Federal criminal cases on behalf of corporations and individuals.

Gabrielle Bashir also appears in commissions of inquiry and inquests. She has appeared as counsel assisting in inquests pertaining to deaths in custody. She has represented victims of crime in criminal investigations and commissions of inquiry. Her practice includes appearances in disciplinary tribunals and administrative proceedings.

Gabrielle is the current Senior Vice President of the Bar Association of NSW and is Co-Chair of its Criminal Law Committee.

She is a former Director of the Law Council of Australia as well as former Co-Chair and current member of its National Criminal Law Committee.

Principal areas of practice

• Criminal law
• Appellate
• Commissions of inquiry and inquests
• Corporate crime
• Disciplinary proceedings
• Administrative law
• Statutory offences

Recent cases of note

Court of Criminal Appeal, Court of Appeal, High Court
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• Hoang v The Queen [2021] HCATrans 148 - grant of special leave on construction of ss 53A and 68C of the Jury Act- juror misconduct- searches on the internet in breach of direction of trial judge. 

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• Clarke v R [2021] NSWCCA 248 - application of the totality principle and the parity principle.

 

• Shmait v R [2021] NSWCCA 133 - sufficiency of evidence to sustain finding beyond reasonable doubt- moral culpability. 

 

• Decision restricted [2021] NSWCA 63 - apprehended bias - judge’s partner of 29 years advising police pre-trial - application of Ebner 

 

• LN v R [2020] NSWCCA 131 - murder - mental illness - reduction in moral culpability - uncharged acts preceding offence

 

• 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

 

• 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

 

• Holt v R [2019] NSWCCA 50 - Directions on elements of sexual offences- “in company”- acquittal

 

• 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

• 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