News23 April 2025 | CCA judgment - Portnoy v R [2025] NSWCCA 60
The New South Wales Court of Criminal Appeal allowed an appeal against sentence in Portnoy v R [2025] NSWCCA 60 Kenneth Hall Averre MBE of Forbes Chambers appeared for the applicant. The Court found that the aggregate non-parole period imposed exceeded the sum of the individual indicative non-parole periods, constituting a sentencing error. This misapplication of the totality principle led to the quashing of the original sentence. 28 March 2025 | CCA judgment - R v White [2025] NSWSC 243
In R v White [2025] NSWSC 243, the Supreme Court (Harrison J) delivered judgment on sentence for manslaughter in a matter that attracted significant public attention. Troy Edwards SC of Forbes Chambers appeared as counsel for the defendant. The case involved the tragic death of a 95-year-old woman, after an incident involving a taser at an aged care facility in 2023. The Crown submitted that, in the circumstances of the case, a sentence of full-time imprisonment was the only appropriate penalty. Justice Harrison imposed a non-custodial sentence of two years by way of a Community Correction Order. In doing so Justice Harrison emphasised factors including Mr White’s remorse, lack of prior convictions and the exceptional circumstances surrounding the offence. Those circumstances included that Mr White attended as a consequence of his employment as a police officer, and had made a genuine error of judgment when making the decision to discharge his taser in order to disarm the deceased. 21 March 2025 | SafeWork NSW v State Asphalt Services Pty Ltd [2025] NSWDC 75
In SafeWork NSW v State Asphalt Services Pty Ltd [2025] NSWDC 75, the District Court convicted the defendant and imposed a fine of $450,000 following a fatality on a roadworks site. The regulator prosecuted State Asphalt Services for failing to implement and enforce critical “worker on foot” controls, exposing workers to the risk of being struck by moving plant. That risk materialised when a worker was fatally run over on site. Strathdee DCJ emphasised the objective seriousness of the offence, highlighting the absence of adequate supervision and enforcement of existing protocols. Emmanuel Kerkyasharian of Forbes Chambers appeared for the regulator. 21 March 2025 | CCA judgment - Dyball v R [2025] NSWCCA 39
Claire O’Neill and Caitlin Akthar of Forbes Chambers successfully argued for a reduction in sentence for their client in a judgment delivered by the Court of Criminal Appeal yesterday. In Dyball v R [2025] NSWCCA 39, the CCA agreed Mr Dyball’s sentence was manifestly excessive, reduced Mr Dyball’s overall sentence by 1 year and 9 months, and reduced his minimum gaol period by one year. 12 March 2025 | CCA judgment - New v R [2025] NSWCCA 32
In New v R [2025] NSWCCA 32 the NSW Court of Criminal Appeal quashed two convictions against the appellant and directed verdicts of acquittal. Simon Buchen SC and Alexandra Burkitt of Forbes Chambers appeared for the appellant. Andrew Wong of Forbes Chambers was originally briefed with Buchen SC, contributing key work on submissions filed with the court. The Court found that the trial judge erred in admitting tendency evidence that lacked sufficient probative value and failed to provide proper jury directions, leading to a miscarriage of justice. The appellant was resentenced for an offence of perverting the course of justice, resulting in a 14-month sentence, which has since been served. 24 January 2025 | Forbes Chambers ranked a first tier set in Crime and Regulatory (including white-collar crime) in 2025 Legal 500 Asia Pacific rankings
https://www.legal500.com/rankings/ranking/c-australia-bar/crime-and-regulatory-including-white-collar-crime/235056-forbes-chambers Congratulations to a number of barristers who were also recognised individually: Gabrielle Bashir SC Simon Buchen SC Tim Game SC Sam Pararajasingham SC Murugan Thangaraj SC Georgia Huxley Georgia Lewer 6 December 2024 | CCA judgment - Zhao v R [2024] NSWCCA 229
Judgment handed down in the NSW Court of Criminal Appeal - Zhao v R [2024] NSWCCA 229 Tim Game SC led Daniel McMahon, instructed by Benjamin Goh of Benjamin and Leonardo Lawyers. The appeal was allowed, the conviction quashed and an order of acquittal entered. The New South Wales Court of Criminal Appeal (NSWCCA) bench, N Adams J, Ierace J and Sweeney J considered the applicants conviction appeal for two counts of sexual offences, specifically where discrepancies and inconsistences in the complainants evidence should have caused the jury to entertain reasonable doubt as to the applicants guilt. 30 November 2024 | CCA judgment - Symons v R; McDonald v R [2024] NSWCCA 212
Judgment handed down in the NSW Court of Criminal Appeal - Symons v R; McDonald v R [2024] NSWCCA 212 April Francis appeared for the applicant McDonald instructed by Sara Black of SANS Law. The appeal was allowed and a retrial ordered. The New South Wales Court of Criminal Appeal (NSWCCA) bench, Kirk JA, Dhanji J and Yehia J considered the applicant’s appeal of a murder conviction finding that the applicant had suffered a miscarriage of justice due to the trial judge not to directing the jury as to the option of finding manslaughter by excessive self-defence. 15 November 2024 | Emmanuel Kerkyasharian elected to NSW Bar Association Bar Council
Congratulations to Emmanuel Kerkyasharian who was today elected to the NSW Bar Association’s 2025 Bar Council. Bar Council comprises 21 barristers elected by the members of the NSW Bar Association. Members of Forbes Chambers have previously served as presidents of the NSW Bar Association including Gabrielle Bashir SC (2022 – 2023), Tim Game SC (2019 – 2020) and Phillip Boulten SC (2012 – 2014). Full list of 2025 elected Bar Council here 12 November 2024 | Sam Pararajasingham SC and Georgia Huxley obtain favourable costs order in foreign bribery case
Sam Pararajasingham SC and Georgia Huxley obtain favourable costs order in foreign bribery case The CDPP declined to certify charges of foreign bribery in R v Ragavan; R v Patel arising out of an investigation into SMEC Holdings Pty Ltd. Sam Pararajasingham SC and Georgia Huxley appeared for the respective Applicants, establishing that the proceedings were instituted without reasonable cause. 4 October 2024 | Forbes Chambers members Lester Fernandez SC and Samuel Pararajasingham SC appointed as senior counsel
The President of the New South Wales Bar Association today announced the names of those barristers appointed as Senior Counsel for 2024. Congratulations to Lester Fernandez SC and Sam Pararajasingham SC from Forbes Chambers on their appointment as senior counsel. 15 August 2024 | Forbes Chambers members recognised in 2024 Doyle's Guide Leading White Collar Criminal Law & Regulatory Investigations Barristers – Australia
A number of barristers from Forbes Chambers have been recognised in the Doyle's Guide Leading White Collar Criminal Law & Regulatory Investigations Barristers – Australia, 2024 announcements. Tim Game SC Matthew Johnston SC Philip Strickland SC April Francis Lisa-Claire Hutchinson Georgia Huxley Sam Pararajasingham 15 August 2024 | Forbes Chambers members recognised in 2024 Doyle's Guide Leading White Collar Criminal Law & Regulatory Investigations Barristers – Australia
A number of barristers from Forbes Chambers have been recognised in the Doyle's Guide Leading White Collar Criminal Law & Regulatory Investigations Barristers – Australia, 2024 announcements. 15 August 2024 | High Court judgment - Cook (A Pseudonym) v The King
The High Court of Australia delivered it’s judgment yesterday in Cook (A Pseudonym) v The King. Tim Game SC led a team including Julia Roy, and Rose Khalilizadeh instructed by Aaron Roberts of Streeton Lawyers. The appeal was allowed. In a 4 – 1 majority (Gordon A-CJ, Edelman, Steward and Gleeson JJ; Jagot J dissenting), the High Court upheld a challenge to the NSW Court of Criminal Appeal’s ruling about how section 293(4)(b) concerning a relationship between the complainant and the accused operates as an exception to the prohibition on evidence disclosing the complainant’s sexual experience or prior sexual activity. The majority found that, in order for the provision to operate, wide meaning should be given to the term, “relationship”. It can be an abusive relationship, encompassing uncharged acts. It could be a relationship involving trust and confidence. But it needs to be more than a casual acquaintance to be the type of association which qualifies for the section’s operation. 15 August 2024 | Alexandra Burkitt awarded a 2024 Joanna Knight Scholarship
Forbes Chambers would like to congratulate our incoming reader Alexandra Burkitt who has been awarded a Joanna Knight Scholarship in 2024. We are looking forward to welcoming Alexandra as a barrister at Forbes Chambers in September this year. 21 August 2024 | Recent article by Heather Webb in latest edition of Bar News
Heather Webb's article "Jury misconduct and miscarriage of justice - HCF v The Queen [2023] HCA 35" was recently published in the Autumn Edition of Bar News. 12 June 2024 | CCA judgment - Hayne v R [2024] NSWCCA 97
Judgment handed down in the NSW Court of Criminal Appeal last week in Hayne v R [2024] NSWCCA 97 Tim Game SC, Angela Cook SC and Claire O’Neill from Forbes Chambers appeared for the successful appellant Mr Hayne. Convictions quashed. 12 June 2024 | Attorney General announces the appointment of Grant Brady SC and David Barrow SC as Judges of the District Court of NSW
The NSW Attorney General today announced the appointment of two barristers from Forbes Chambers as Judges of the NSW District Court. Congratulations to Grant Brady SC and David Barrow SC on their appointments to the District Court of NSW. Read the Ministerial media release 6 October 2023 | Five Forbes Chambers members appointed as senior counsel - David Barrow SC, Angela Cook SC, Avni Djemal SC, Peggy Dwyer SC, Kirsten Edwards SC
The President of the New South Wales Bar Association today announced the names of those barristers appointed as Senior Counsel for 2023. Congratulations to David Barrow SC, Angela Cook SC, Avni Djemal SC, Peggy Dwyer SC and Kirsten Edwards SC from Forbes Chambers on their appointment as senior counsel.
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