Shaun practices mainly in criminal, inquisitorial and administrative jurisdictions. Details about his work appear below. In these videos, Shaun talks about his work:

Shaun is an experienced trial and appellate advocate who appears for both the defence and prosecution.  In recent years his practice has focussed upon federal crime. Selected cases (unled except where indicated) –

• Felix Harper (a pseudonym) v R [2021] VSCA 173 (interlocutory appeal, Commonwealth money laundering offences)
• Cano [2020] VSCA 308 (interlocutory appeal, Commonwealth offences)
• Seymour [2020] VSCA 113 (conviction appeal)
• Kebriti [2019] VSCA 275 (sentence appeal, Commonwealth offences)
• Macarthur [2019] VSCA 71 (sentence appeal)
• Samuels [2019] VSCA 14 (sentence appeal)
• Smith [2018] VSCA 258 (conviction and sentence appeal, sexual penetration of a child)
• Khan [2018] VSCA 61 (sentence appeal, indecent assault)
• Reeves (No 1) [2017] VSCA 291; (No 2) [2017] VSCA 343 (interlocutory appeals, Commonwealth offences)
• Daniels [2016] VSCA 291 (conviction appeal, sexual penetration of a child)
• Spanjol (2016) 55 VR 350 (sentence appeal, dangerous driving causing serious injury)
• Cross v Haylock [2016] VSC 793 (judicial review)
• Butorac [2016] VSC 371 (manslaughter plea, led by Rose SC)
• Wise [2016] VSCA 173 (interlocutory appeal)
• Bazouni [2016] VCC (intentionally cause serious injury trial)
• Hogan [2015] VSC (murder consent mental impairment hearing)
• Rapson (2014) 45 VR 103 (conviction appeal, see below, led by Holdenson QC on appeal)
• Saner [2014] VSCA 134 (sentence appeal, armed robbery)
• Davies [2014] VSCA 69 (sentence appeal, rape)
• Rapson [2013] VCC (historical sexual offence charges trial involving multiple complainants against a Catholic priest / teacher)
• Simpson [2012] VCC 1175 (Commonwealth conspiracy to defraud trial)
• Warwick [2012] VSC 382 (attempted murder trial)
• Deckers Outdoor Corporation Inc. v Farley (No 8) [2010] FCA 657 (contempt proceedings in the Federal Court)
• Sarvak [2011] VSCA 300 (sentence appeal, armed robbery)
• UR [2011] VSCA 152 (interlocutory appeal, indecent assault)
• DPP v BB; DPP v QN [2010] VSCA 211 (interlocutory appeal, false imprisonment)
• Spedding [2009] VCC (OHS offences trial following a workplace death)

Related work –

• Briefs to appear and advise both for and against statutory authorities including the Legal Services Board, AHPRA, Vicroads, Work Safe Victoria, Harness Racing Victoria and Consumer Affairs Victoria
• Proceedings under the Serious Sexual Offenders (Detention and Supervision) Act, Crimes (Mental Impairment and Unfitness to be Tried) Act, and Firearms Act
• Intervention orders

Inquisitorial work

Shaun appeared before the Royal Commission Into Institutional Responses to Child Sexual Abuse and held briefs for to act for several interested parties at different stages of the inquiry.

Shaun recently appeared as counsel assisting the Coroner in an inquest into a death in custody (Darren James Brandon COR 2018 2778).

Shaun has also appeared for and advised interested parties in coronial inquests, and persons summonsed for examination by bodies such as ICAC, ACC, ASIC and the Office of the Chief Examiner.

Administrative and other work

Shaun has appeared and advised in disciplinary and other proceedings at VCAT. Recent cases –

• VLSB v Nida S ECI 2021 04104 (Injunction application, O’Meara J).
• VLSC v Merhi (Legal Practice) (Corrected) [2021] VCAT 1246
• VLSC v Merhi [2017] VCAT 1054 (led by Hanscombe SC)
• Howard v Racing Victoria Limited [2015] VCAT (Review of RAD Board decision)
• Villa v Emaan Pty Ltd [2014] VCAT 274 (retail tenancies)
• Laverton Property Developments Pty Ltd v Commission of State Revenue [2010] VCAT 35 (stamp duty)
• Cusmano v Commissioner of State Revenue [2010] VCAT 105 (Land tax)
• Koolstra v Gippsreal [2010] VCAT 1972 (claim for caveat removal)
• Ryan v Melbourne Water [2009] VCAT 2079 (FOI)

Shaun has also appeared and advised in general commercial matters involving retail leasing, caveat removal and statutory insurance liability.

Technology

Shaun operates a largely paperless practice and prefers to run cases using electronic documents.  He has an academic background in sciences, particularly computer science.  He is therefore well equipped for cases involving voluminous or technical evidence.

Publications

“Criminal Jury Directions: A New Framework” (2013) 87(8) LIJ 36

“Changes to Jury Directions In Criminal Trials” (2013) 154 Victorian Bar News 65

“Restrictive Post-Sentencing Orders for Sex Offenders” (2011) 85(1/2) LIJ 50

“Forensic samples under s464ZF of the Crimes Act” (1998) 72(12) LIJ 50

“Gala v Preston” (1992) 18(2) Monash University Law Review 243

Accreditation

Indictable Crime Certificate

Victoria Legal Aid Preferred Barrister and Trial Counsel Development Program Mentor

AAI-trained Advocacy Coach