Marbury Chambers in Haymarket | Criminal lawyer

Marbury Chambers

Locality: Haymarket

Phone: +61 2 8067 0782

Address: 479/311 Castlereagh Street 2000 Haymarket, NSW, Australia

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25.01.2022 Full 10 Points CPD Conference (Sydney, NSW) Sunday, November 5, 2017 10:00 AM to 8:00 PM The Library Bar on the first floor of Crown Hotel 160 Elizabeth Street, Sydney (edit map)... Price: AUD220.00 /per person

25.01.2022 Marbury Chambers website is getting a rebuild. Please be patient. All Barristers details are still available on the site during the rebuild process.

24.01.2022 CONTRABAND SEIZED FOLLOWING DRONE DROP It is the first time that CCTV has captured a drone that appears to be dumping contraband in a NSW prison. A member of th...e public first alerted the prison to the presence of the drone around the centre on Monday evening. Officers reviewed the footage and searched the area the next morning but did not find anything. They then performed a series of raids, following those raids an inmate was seen to be behaving suspiciously. That inmate was searched and officers seized two packages containing 403 capsules which was concealed in his clothing. More info at http://bit.ly/2y5SyNT

23.01.2022 Full 10 Points CPD Conference (Sydney, NSW) - $220.00 incl GST Sunday, October 21, 2018

23.01.2022 A Queensland law graduate has successfully appealed a decision by the state admissions board that refused to declare him fit to join the profession on the basis of 2008 offences relating to his former work as an escort.

23.01.2022 Live as if you were to die tomorrow. Learn as if you were to live forever. Mahatma Gandhi

21.01.2022 We are very pleased to announce that the Marbury Chambers Full 10 Point CPD Conference on 29 March 2020 will be live streamed. So the conference will proceed. It will proceed in-person (subject to gathering limits) and will be live streamed to a web page, so you can attend from anywhere in the world. The web page address and password to access the live stream will be provided to registered Attendees prior to 10:00am on 29 March 2020. https://www.eventbrite.com/e/full-10-points-cpd-conference- http://meetu.ps/e/H7Jmm/9GtZH/d

21.01.2022 Since coming to the Bar, Marbury Chambers’ Barrister, Stephen Hopper, has maintained his 100% success rate in Supreme Court bail applications. Recently, Stephen appeared for a businessman in his 60s who (facing some serious domestic violence allegations) had been refused bail before Sutherland Local Court. A release application was made before the Supreme Court of New South Wales. Stephen appeared on the application before His Honour Justice Garling and was successful in securing bail, subject to a variety of conditions. Stephen’s client is now free to continue running his business and preparing for his defence. http://marburychambers.com.au/stephen-hopper/

21.01.2022 New South Wales District Court Judge Andrew Scotting noted "c---" was referenced in Shakespeares Hamlet, was used regularly on television, and was less offensive in Australia than other English-speaking countries.

21.01.2022 Fresh on the back of a whitewash victory (ten Not Guilty jury verdicts on sexual intercourse with a child under 10, aggravated sexual intercourse with a child under 16 without consent, incite child under 10 to commit acts of indecency and attempt charges) in the District Court of New South Wales at Penrith, Mohammed Masri (Solicitor) and Margaret Bateman (Barrister) will present this seminar on the doli incapax presumption which was a live issue in the trial. The doli incapax... presumption is the presumption that a child between the ages of 10 and 14 does not possess the necessary knowledge to have a criminal intention. This presumption of doli incapax is a presumption that can be rebutted by the prosecution calling evidence. Mohammed and Margaret will address the type of evidence that is required to rebut the presumption, particularly in light of the 2016 decision of the High Court of Australia of RP v The Queen [2016] HCA 53: http://www.austlii.edu.au//v/au/cases/cth/HCA/2016/53.html Legal Practitioners and non-Legal Practitioners are welcome to attend the seminar. The seminar in worth 1.5 CPD points in the Substantive Law, Practice and Procedure and Professional Skills / Barristers Skills streams/strands. Friday, August 2, 2019 5:30 PM to 7:00 PM Price: A$11.00 /per person incl GST Crown Hotel - Sydney 160-162 Elizabeth St Sydney How to find us: on the corner of Elizabeth Street and Goulburn Street. Upstairs in the Library Bar. Click here to book or just pay at the seminar (includes food and beverage): https://www.meetup.com/Marbury-Chambers-Free-Sydney-Lega// Mohammed Masri, Solicitor, El Masri & Associates: 02 9644 2207 Margaret Bateman, Barrister, Marbury Chambers: http://marburychambers.com.au/?page_id=39

19.01.2022 Marbury Chambers is pleased to announce its annual 10 Point CPD Conference. Registration details are in the link below. Thank you and we look forward to having you with us: https://www.meetup.com/Marbury-Chambers-Free-Sydney-Lega//

19.01.2022 A successful outcome for Barrister, Michael Fantin . Client was charged with illicit drug in oral fluid. Client received a CRO for 12 months with no conviction recorded.

19.01.2022 Recently, Ariel Galapo, Barrister of Marbury Chambers, was successful in having a charge of intimidation with intent to cause fear, pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), dismissed at Penrith Local Court. The outcome is a good outcome in circumstances where the (previously) Accused was realistically looking at prison-time, if he were to be convicted. Ariel has been kicking goals and hes out there continuing to box on for Accuseds.

18.01.2022 Not Guilty on all charges. Deone Provera strikes again. Congratulations to Deone and his client on beating two counts of sexual intercourse without consent, pursuant to section 61I of the Crimes Act 1900 (NSW) (historical allegations of sexual intercourse within a marriage without consent). Nice work, Deone! :-)

18.01.2022 Marbury Chambers Barrister, Margaret Bateman, instructed by Irfan Peerzada of Peerzada & Associates, were successful in having charges of intentionally choke person without consent (subsection 37(1A) of the Crimes Act 1900 (NSW)) and assault occasioning actual bodily harm, domestic violence related, (subsection 59(1) of the Crimes Act 1900 (NSW)) dismissed and an application for apprehended domestic violence orders dismissed at Parramatta Local Court on Friday, 14 August 2020.

17.01.2022 Great result for Barrister, Stephen Hopper. Client was demonstrably elated with the outcome as PCA was second major offence in 5 years. Barrister persuaded learned Magistrate to make a non- conviction order under Section 9(1)(b) formerly S10(1)(b) with a 14 month bond. The alternative was a mandatory interlock order for 12 months which is costly and a lot of running around to get installed. Well done, Stephen.

17.01.2022 Sunday, October 21, 2018 Full 10 Points CPD Conference (Sydney, NSW) - $220.00 incl GST This is a legal conference that satisfies NSW, Victorian and Qld Solicitors and NSW Barristers 2018/19 annual CPD requirements in one day: 10 points for the day and each CPD strand will be covered.... 1. How to Manage Your Clients Data Responsibly 2. Working with Criminal Law Clients with Cognitive or Mental Health Issues 3. Guide Potential Clients to Become Clients with Online Sales Funnels 4. How Not to Get Struck Off 5. The New Safe Harbour from Insolvent Trading 6. Pixelated Prisoner: Prison Video Links, Court Appearance & Justice Matrix 7. Dont Read em & Plead em https://www.meetup.com/Marbury-Chambers-Free-Sydney-Lega//

17.01.2022 Marbury Chambers' website is getting a rebuild. Please be patient. All Barristers details are still available on the site during the rebuild process.

15.01.2022 Now live streaming access is available

14.01.2022 Full 10 Point CPD on 25 March 2018

13.01.2022 Michael Fantin another Marbury Chambers barrister has had a success in a hearing at Blacktown Local Court before Magistrate McCarron. Matter involved breach of ADVO, Stalk/Intimidate, record/distribute intimate images, and goods suspected of being stolen. In relation to the goods suspected of being stolen we ran a contested hearing, Magistrate McCarron found client not guilty. In relation to domestic charges, the prosecution made an offer, which was accepted by our client. Client then pleaded guilty to the balance of charges and sentence will be part- heard before McCarron late in October.

12.01.2022 Full 10 Points CPD Conference (Sydney, NSW) - $220.00 incl GST: https://www.meetup.com/Marbury-Chambers-Free-Sydney-Lega// Sunday, October 13, 2019 1. 10:00am - 11:30am (1.5 points)... The Relevance of Pharmacogenetics in the Justice System Presented by Dr Yolande Lucire, Forensic & Medico-Legal Psychiatrist: https://www.drlucire.com/ Professional Skills / Barristers Skills ___________________________________________________ 11.25am Morning Tea served ___________________________________________________ 2. 11:30am 1:00pm (1.5 points) Lawcovers War Stories Claims, their Causes & Contributing Factors Presented by Malcolm Heath, Practice Risk Manager at Lawcover: https://www.lawcover.com.au/our-people/ Practice Management and Business Skills ___________________________________________________ 12.55pm Lunch served ___________________________________________________ 3. 1:00pm - 2:30pm (1.5 points) Lawyer X and Legal Professional Privilege Presented by Dr Elyse Methven, Lecturer in Law at the University of Technology, Sydney: https://www.uts.edu.au/staff/elyse.methven Ethics ___________________________________________________ 4. 2:30pm 4:00pm (1.5 points) Traffic Law - Update on Recent Case Law & Legislative Changes Presented by Jon Taylor, Barrister: 02 9264 9444 Substantive Law, Practice and Procedure & Professional Skills / Barristers Skills ___________________________________________________ 3.00pm Afternoon Tea served ___________________________________________________ 5. 4:00pm 5:30pm (1.5 points) Cross Examination of Expert Witnesses Presented by Deone Provera, Barrister at Marbury Chambers: http://marburychambers.com.au/?page_id=1962 Professional Skills / Barristers Skills ___________________________________________________ 5.00pm Supper served ___________________________________________________ 6. 5:30pm 7:00pm (1.5 points) BOCSAR - Insights into Crime and Punishment Presented by Kit Lloyd, Solicitor at Minter Ellison: 02 9921 8888 https://www.linkedin.com/in/kitlloyd/ Professional Skills / Barristers Skills ___________________________________________________ 7. 7:00pm 8:00pm (1 point) Doli Incapax - Incapable of Crime Presented by Mohammed Masri, Solicitor at El Masri & Associates T: 02 9644 2207 E: [email protected] Substantive Law, Practice and Procedure & Professional Skills / Barristers Skills

12.01.2022 Crime statistics Australia

10.01.2022 What exactly are fingermarks, DNA or gunshot residue actually evidence of particularly now that even tiny traces can be detected?

10.01.2022 The NSW Courts secure new online service allows subpoena respondents to electronically submit up to 50 files with a total size of 3GB, removing the need to personally deliver documents to civil registries across the state.

09.01.2022 Welcome Stephen Hopper, Marbury Chambers newest member, and congratulations on todays Not Guilty verdict in the Downing Centre District Court: http://marburychambers.com.au/?page_id=2280

09.01.2022 We are very pleased to welcome our newest member of Marbury Chambers, Ms. Denise Kaiti, Barrister. Kaiti brings a breadth of family law expertise and is an experienced advocate who deals in legal aid and appeals matters. She specialises as an Independent Children’s Lawyer. Kaiti can be contacted direct via the Marbury Chamber’s website.

09.01.2022 Legislation passed on 11 November 2016 allows NSW Police to email infringement notices.

08.01.2022 On 14 June 2017, the High Court, by majority, dismissed an appeal from a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales in the matter of Hughes v The Queen [2017] HCA 20. A majority of the High Court held that tendency evidence admitted against the appellant was admissible under s 97(1) of the Evidence Act 1995 (NSW). The High Court held, by majority, that s 97(1) of the Evidence Act does not condition the admission of tendency evidence on th...e courts assessment of operative features of similarity between the tendency evidence and the conduct in issue. In cases where it is the occurrence of the offence charged that is in issue, the majority reasoned that evidence will likely have significant probative value where (i) the evidence, by itself or together with other evidence, strongly supports proof of a tendency, and (ii) the tendency strongly supports the proof of a fact that makes up the offence charged. The High Court further held, by majority, that the tendency evidence adduced at the appellants trial possessed "significant probative value" in relation to each count for which it was adduced. When considered together, the tendency evidence showed the appellants tendency to engage opportunistically in sexual activity with female children despite a high risk of detection. That evidence was capable of removing doubts about the appellants conduct and so was significantly probative as to whether the charged offences occurred. Accordingly, the majority held the tendency evidence was admissible, and dismissed the appeal. See the High Court summary: http://www.hcourt.gov.au//judgm/2017/hca-20-2017-06-14.pdf

08.01.2022 Carolyn Barkell, former barrister and magistrate, has died. A funeral will be held at 1.30pm Friday, 23 June 2017 at West Chapel, Eastern Suburbs Memorial Park followed by a gathering at Timbah, 375 Glebe Point Road, Glebe from 2.30pm. Please send flowers to the memorial park.

08.01.2022 On 18 October 2017 in Brown & Anor v The State of Tasmania [2017] HCA 43 the High Court held that the burden imposed by the impugned provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) on the implied freedom of political communication was impermissible because those provisions were not reasonably appropriate and adapted, or proportionate, to the pursuit of that purpose in a manner compatible with the maintenance of the system of representative and responsible government that the Constitution requires.

06.01.2022 https://www.meetup.com//Marbury-Chambers/events/269904500/

06.01.2022 Full 10 Points CPD Conference, 26 March 2017

06.01.2022 Have documents printed, copied and/or scanned and delivered to you at Court or other place in the Sydney CBD for $1.10 per page (inclusive of goods and services... tax). The minimum charge is $33.00 (30 pages). Message your print, copy and/or scan instructions via the form below or text or phone 0434 434 280 to arrange the job. Upload documents to be printed on this LawApp page: http://www.lawapp.com.au/?page_id=532

05.01.2022 A lawyers take on the same-sex marriage situation

03.01.2022 Coroners recommendations

01.01.2022 David Heilpern, a magistrate of almost 18 years, has offered his honest take on the stressors faced by those on the bench, in a bid to lift the veil on the extent and incidence of vicarious trauma in the legal profession.