_Hament Dhanji SC

Admitted as a legal practitioner in 1990
Admitted as a barrister in 1997
Appointed senior counsel in 2010


Hament Dhanji SC has practised almost exclusively in criminal law and related areas from the time of his admission as a legal practitioner in 1990.  He appears in the High Court, the Court of Criminal Appeal, the Supreme, District and Local Courts.  He has, in the course of his practice, appeared in many important cases on appeal and trials in relation to serious criminal offences.


Principal areas of practice

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

Some cases of note

• Appeared for the successful appellant in RP v The Queen [2016] HCA 53.  This case concerned the the application the presumption of doli incapax to children aged between 10 and 14 charged with criminal offences.
  
  
• Appeared for the appellant in Milne v The Queen (2014) 252 CLR 149; [2014] HCA 4.  The case concerned the definition of "instrument of crime" as used in the money laundering provisions of the Criminal Code 1995 (Cth).  The High Court quashed the appellant's conviction for money laundering.
  
  

• Appeared for the appellant to the High Court in SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13.  This case was primarily concerned with the proper application of the test for unreasonable verdicts by appellate courts.  The High Court upheld the appeal and remitted the case to the Court of Criminal Appeal where the appellant verdicts of acquittal were entered in relation to one group of charges and granted a new trial (which, ultimately did not proceed) in relation to a second group of charges.
  
  

• Appeared in R v Swansson; R v Henry v R (2007) 69 NSWLR 406; 168 A Crim R 263; [2007] NSWCCA 67, before a five judge bench of the Court of Criminal Appeal (and for the respondent successfully resisting a Crown application for special leave to appeal to the High Court from this decision).  The case was concerned with fundamental aspects of criminal procedure.

 

• Appeared for the appellant in R v Janceski (2005) 64 NSWLR 10; [2005] NSWCCA 281, before a five judge bench of the Court of Criminal Appeal. The  case concerned the validity of a trial on an indictment signed by a person who did not hold office as a Crown Prosecutor.

 

• Appeared in Cesan v Director of Public Prosecutions (Cth) (2007) 174 A Crim R 385, before the Court of Criminal Appeal.  This case involved a challenge to the validity of a trial in which the presiding judge was, on occasion, asleep.  The appeal raised a number of important issues including the requirements of trial by jury under the Constitution, the nature of a miscarriage of justice under the Criminal Appeal Act, 1912, NSW, and the jurisdiction of the District Court.  The complaint was ultimately upheld in High Court (Cesan v The Queen (2008) 236 CLR 358; [2008] HCA 52).

For further details or enquiries regarding Hament Dhanji’s areas of expertise, fees and terms of engagement please contact his Clerk.

CONTACT HERE