Our Cases
NSW Police v Damian McEachern
A Parramatta Local Court received fines for possessing six prohibited firearms; the outcome led to an enquiry by the NSW Attorney-General, resulting in, inter alia, significant revisions to the Firearms Act and an expansion of the Local Court's sentencing capacity to up to 5 years.
In R v Shi [2004] NSWCCA 135
Large Commercial Quantity drug supply; sentencing judge found that the unusually high level of purity of the drug methylamphetamine — 84.5% — was an aggravating factor under s 21A(2)(i) of the Crimes (Sentencing Procedure) Act 1999, as it had considerable destructive potential and the offence was accordingly one committed without regard for public safety.
Katherine Knight v Regina [2006] NSWCCA 29
Katherine Knight appealed her life sentence for the murder of her partner, John Price, arguing it was manifestly excessive. The Court upheld the life sentence without parole, making Knight the first Australian woman to receive this penalty. The case remains a key precedent on life sentences for the most serious offences.
R v Koloamatangi [2011] NSW CCA 288
This case considered the role of Standard Non-Parole Periods (SNPPs) under the Crimes (Sentencing Procedure) Act 1999. The Court held that SNPPs cannot have determinative significance in sentencing. However, a sentencing judge must take them into account as a “marker”, even if there are reasons why the SNPP may not be strictly applied in the case at hand. The decision offers valuable guidance on striking a balance between statutory sentencing frameworks and judicial discretion. Precedent for post Muldrock approach to sentencing for SNPP offences.
Chidiac v The Queen [2016] HCA HCASL 269
Special leave was ultimately refused, but the matter reached the High Court of Australia for the second time following a successful post-curial enquiry.
CDPP v Benjamin Gillette-Rothschild [2018] NSW DC
A client was charged with producing $1 million in counterfeit $50 notes. The matter was successfully defended, achieving an excellent outcome. Details of how the counterfeit notes were produced remain suppressed to protect the integrity of the Reserve Bank of Australia’s processes.
Koloamatangi v R [2020] NSWCCA 52
Convicted by a jury of murder, successful appeal to the NSW CCA, retried and convicted again. The New South Wales Court of Criminal Appeal overturned the murder convictions of Koloamatangi because the jury's verdict was deemed unreasonable given the evidence. The court found reasonable doubt about the applicants' guilt and allowed the appeal, quashing the conviction.
Rogerson v R [2021] NSW CCA 160
A ground of appeal was upheld, but the Court of Criminal Appeal ultimately exercised the proviso, leaving the original conviction intact.
Nikolovski v R [2021] NSW CCA 327
Successful murder appeal - acquitted by the NSW CCA. The Court (Payne JA, Lonergan J agreeing, Fullerton J dissenting on ground 2) held, granting leave to appeal, allowing the appeal, quashing the conviction and entering a verdict of acquittal:
Saunders & Yorke [2022] FedCFamC1A 54
Controversial family law case on behalf of the Applicant mother upheld on appeal; attracted significant media publicity.
Rogerson v The King [2023]
Special leave was refused, but the client has appeared before the High Court of Australia twice in their lifetime, on separate matters.