About
Areas of Practice
Criminal – Civil - Appeals - Environment and Planning – Family - Public/Administrative - Inquests/Inquiries - Industrial/Employment - Alternative Dispute Resolution
Year Admitted to Practice
2006
Date Commenced at the Independent Bar
2015
Academic Qualifications
2006
GDLP (Law Society of South Australia)
2005
LLB (University of Adelaide)
2004
Mediator Accreditation (University of Adelaide)
2001
BSC (double major in psychology and physiology) (University of Adelaide)
Teaching
2017-20
Adjunct Lecturer, Criminal Law and Advocacy (College of Law – Practical Legal Training)
2019
Guest Lecturer, Plea Negotiations (South Australian Bar Association - Bar Readers Course)
2018
Guest Lecturer, Criminal Law and Advocacy (University of SA – Bachelor of Laws)
2014
Guest Lecturer, Criminal Law (Flinders University – Bachelor of Laws)
2010
Adjunct Lecturer (semester), Criminal Procedure and Sentencing (University of SA – Bachelor of Laws)
2006
Exam Marker, Contract Law (University of SA – Bachelor of Laws)
Professional Experience
Andrew has 20 years of experience practising the law in the criminal and civil jurisdiction, with the last 10 years at the Independent Bar. He has been lead counsel in a significant number of complex criminal trials. He regularly defends all kinds of criminal charges, including murder. He has prosecuted for the State and Commonwealth Director of Public Prosecutions. He has appeared in trial with and against some of the leading silks in the country.
More recently Andrew was lead counsel in two lengthy and complex Supreme Court murder trials requiring years of trial preparation and legal argument. From 2021 to 2023 Andrew was defence counsel in the prosecution of eight members of the Hells Angels Motorcycle Club for murder. In 2024 Andrew was defence counsel in the alleged serial killing trial of R v Hainsworth.
Andrew looks to employ the skills he has developed in the courtroom to all areas of the law, with a focus on pre-trial outcomes.
Professional Appointments
2021 -2023
Recommended in Doyle’s Guide 2021, 2022, 2023 – for expertise as counsel in the criminal law jurisdiction
2020 till present
Barrister at Frank Moran Chambers
2015 – 2020
Barrister at Len King Chambers
2008 – 2015
Counsel (trials and appeals) at the Office of the Director of Public Prosecutions (SA)
2006 – 2008
Solicitor at Wallmans Lawyers in the environment and planning team
2006
Admitted to the Supreme Court of South Australia
2005
Law clerk at Norman Waterhouse Lawyers in the environment and planning team
A selection of cases that Andrew has appeared in as lead counsel or junior counsel include:
*counsel for defence
**counsel for prosecution
Courts of Appeal
R v Johnson (a pseudonym)* [2022] SASCA – sentencing – trafficking - statutory interpretation “exceptional circumstances” - judgment pending
R v Penhall* [2022] SASCA (led by K Handshin KC) – murder – unfair summing up of defence case – judgment pending
R v Pateras* (2021) 291 A Crim R 238; [2021] SASCA 107 – trafficking drugs – utilitarian benefit of plea – statutory interpretation “good reason” - redefining the sentencing guideline in R v Young [2016] SASCFC 102
Hill v The Queen* [2021] SASCA 83 (led by M Shaw KC) – Commonwealth fraud – directions on joint commission of an offence
GZO v The Queen* (2021) 138 SASR 256; [2021] SASCA 67 (led by M Shaw KC) – appropriate discount for cooperation with authorities – historical review
R v Antarakis* (2020) 137 SASR 205; [2020] SASCFC 105 – ultra vires bond conditions
M, B v Police* [2019] SASC 58 (Parker J) – Magistrates Court appeal - indecent assault – expert evidence - capacity to consent
R v K, GA* [2019] SASCFC 2 - unsworn evidence of child complainant – s 13BA interviews
R v Singh* [2019] SASCFC 51 – attempt to import precursor (Commonwealth) – false delivery address – unreasonable verdict
R v Phillis* [2018] SASCFC 119 – initial complaint evidence – implications of delay in judgment
R v Hamra* [2016] SASCFC 130 (led by Ms Shaw KC) – s 50 persistent sexual exploitation – statutory interpretation - Crown appeals against acquittal - (went on appeal to the High Court in Hamra v The Queen [2017] HCA 38 –delineation of acts)
Supreme Court
R v Hainsworth [2024] – trial – murder x 3 – cross admissibility
R v Alzuain & 7 others* [2023] - trial – murder – extended joint enterprise
R v Hainsworth [2022] (Nicholson J) – trial - severance of counts – murder
A v Commissioner of Police* [2022] SASC 33 (Blue J) (led by M Shaw KC) – application - costs
R v Sansbury, Newchurch & Newchurch* [2021] (Tracey J) (led by M Shaw KC) – trial - murder – identity - unanimity jury direction
The Advertiser Newspapers Pty Ltd v Penhall* [2021] SASCA 76 (involvement at first instance) (led by M Shaw KC) - suppression – internet take down orders
R v Penhall* [2021] (Peek J) (led by M Shaw KC) – trial - murder – blood patten analysis - provocation – self-defence
R v HJS* [2020] SASC 142 (Doyle J) (led by Ms Shaw) – change of plea application - manslaughter
R v Adams* [2018] SASC (Vanstone J) – trial - threats to kill
R v Airey** [2013] (Kelly J) (led by M Norman SC) – murder – blood pattern analysis
R v Vo Tri Vuong** [2011] SASC (Kourakis J) – trial - grievous bodily harm
R v G** [2011] (Duggan J) SASC – trial – unlawful sexual intercourse
R v Wanganeen** (2010) 108 SASR 463; [2010] SASC 237 (Gray J) – sentencing procedure - aboriginal sentencing conferences
District Court
R v Borowski* [2022] SADC (Judge Barrett) – trial - threats to kill – credit and reliability of witness
R v F* [2021] Environment, Resources and Development Court (Chief Judge Evans)– sentencing – unlawful development – make false or misleading statement - discretion to impose sentence without conviction
R v Roberts, Sherriff and Mayne* [2020] (Judge Press) – Commonwealth trial – attempt possess commercial quantity of drug - 313kg methylamphetamine – available defences
R v Rogers* [2020] SADC 72 (Judge Tracey) – trial – domestic violence – particularisation – credit and reliability of complainant
R v Mann** [2020] SADC 47 (Judge Chapman – trial - statutory interpretation - elements for s 50 persistent sexual exploitation of a child – “relationship” (case then stated Question of Law Reserved (No 1 of 2020) [2020] SASCFC 69)
R v Keen* [2019] SADC 189 – trial – fraud – above $300,000
R v B, JW* [2019] SADC 102 (Judge Costello) – trial – unlawful sexual intercourse (x5)
R v Blundell* [2018] SADC (Judge Cuthbertson) – trial - trespass and assault – identification evidence (went on appeal in R v Blundell [2018] SASCFC 84 – directions on identification evidence)
R v Keyte** [2018] SADC 22 (Judge Davison) – trial – persistent sexual exploitation of a child
R v Hopgood* [2018] SADC (12 December 2018) (Judge Soulio) – change of plea application – trafficking drugs
R v T** [2018] SADC 2 (Judge Millsteed) – trial – serious criminal trespass in place of residence and assault
R v Ralph* [2017] SADC (Judge Costello) – sentencing – serious firearms offence – exceptional circumstances
R v Dumont** [2017] SADC (14 September 2018) (Judge Soulio) - trial – kidnapping - trespass – robbery - torture
R v C* [2017] SADC (Judge David) (as she then was) – trial - attempt kidnapping (x6) complainants - temporary stay - particularisation – sentence - assault with intent
R v Dao** [2017] SADC – trial - trafficking heroin (x7) – undercover police operations
R v B* [2016] SADC (Judge Barrett) – severance – two complainants – persistent sexual exploitation of a child
R v Ownsworth** [2016] SADC (Judge McIntyre) – trial - endanger life of child - expert evidence – unattended children in cars
R v Hamra (No 2)* [2016] SADC 8 (Judge Tilmouth) (led by M Shaw KC) – trial – statutory interpretation of s 50 - no case to answer
R v Hamra* [2016] SADC 4 (Judge Tilmouth) (led by M Shaw KC) – severance - multiple complainants – s 50 persistent sexual exploitation of a child
R v M, F** [2016] SADC (Judge Millsteed) – trial - unlawful sexual intercourse – uncharged acts (sentence and use of uncharged acts went on appeal in R v M, F [2017] SASCFC 114)
R v Kuir** [2015] SADC (Judge Tracey) – trial – rape - credit
R v Sullivan** [2014] SADC (Barrett J) – trial – communicate with a child for a prurient purpose.
R v McDonald** [2013] SADC (Judge Davison) – trial - alibi - unlawful sexual intercourse – (followed by six charges of perjury in R v J McDonald, McDonald, Flaherty, Jones, Whyman and Wilson [2016] SADC (Judge Tracey)
R v O’Brien** [2013] SADC (Judge Lovell) – trial – dangerous driving causing serious harm (x2) – mental incompetence – expert evidence – automatism
R v Thompson** [2013] SADC (Judge Slattery) – trial – taking and correcting jury verdicts – functus officio - Ruling R v Thompson [2013] SADC 22
R v Austin & Schaaij** [2012] SADC (Judge Muscat) (led by B Nitschke) – trial – abuse of public office
R v Ellis** [2012] SADC – trial – arson of police vehicle
R v Djokovic & Woollard** [2012] – trial – manufacture methylamphetamine
R v Harradine & Sweeney** [2011] (Judge Davey) – trial – robbery – DNA - destruction of evidence - confessions
R v Huynh** [2010] SADC 54 (Judge Barrett) – trial – prosecuting counsel - robbery – joint enterprise – circumstantial evidence – (went on appeal in R v Huynh [2010] SASCFC 25)