Andrew Boe

Appeals

High Court

• BBH v The Queen [2011] HCA Trans 121 (led by Walker SC, with Morreau) – Special leave

BBH v The Queen (2012) 245 CLR 499; [2012] HCA 9 (led by Walker SC and Callaghan SC) The admissibility of uncharged acts and trial directions in a criminal trial.

• State of Western Australia v Munda (2012) 43 WAR 137, (2013) 249 CLR 600 (leading Brunello (WA)) – Regard to be given by sentencing judges to an offender’s Aboriginality including the imposition of extra-curial ‘traditional punishment’. 
• Smith v The Queen [2015] HCATrans 84 (leading Dighton (Qld), – Special leave

Smith v The Queen (2015) 255 CLR 161 [2015] HCA 27 (leading Morreau (Qld) and McGee (NSW)) – Questions that arise when a jury reveals its pre-verdict voting numbers when deadlocked during deliberations. There were conflicting approaches in Queensland and Victoria that required resolution.

Court of Appeal, Queensland

• R v Chmieluk; Ex parte Attorney-General [2018] QCA 271; [2018] 43 QLR (leading Morreau Qld)) – Crown appeal against sentence. Chmieluk was sentenced for dangerous operation of a motor vehicle whilst intoxicated (0.22%) causing death. She was sentenced to 5 years imprisonment suspended after 3 months. The COA dismissed the Crown appeal.

Court of Criminal Appeal, NSW

• Thafer v R [2019] NSWCCA 143 (leading Rajalingam (NSW)). Thafer (unsuccessfully) sought to withdraw his guilty plea to sexual assault charges, nearly four years after he was sentenced.

Full Court, Northern Territory

• NB, MB, PB v SB, MS, CEO, Territory Families NT [2020] NTCA 2 (leading Lee (NT), contra Wyvill SC (NT)). Successful respondents in a child welfare matter concerning provisions of the Care and Protection Act 2007 (NT) concerning aboriginal children. 
• NB & Ors v SB & Ors [2020] HCATrans 168 (16 October 2020), High Court, Australia (leading Dighton (Qld) and Morreau (Qld), contra Wyvill SC (NT) and Webb QC (SA)) for the successful respondent in the special leave hearing.

Full Court, South Australia

• Kerin v The Queen [2022] SASCA 19 (leading Fuller (NSW)) conviction appeal, in respect of fraud charges against a former legal practitioner. This appeal was successfully brought six years after verdict.

Trials & Applications

Victoria

• Commissioner of Police v Nikolic, April and May 2016, (on occasions, led by Merkel QC coram Ginnane J, Victoria) – judicial review of exclusion racecourse notice 

Queensland

• In the matter of Queensland Nickel Pty Ltd (In Liquidation), May to July 2017 for Clive Palmer (with Fuller (Qld)), coram Dowsett J, Fed Court) – Corporations law.
• R v Oakley, March 2016 (with O’Brien (Qld), coram McMeekin J, Qld)) – murder. Accused was alleged to have been part of drug ring and retribution murder. Murder discontinued at trial; plea to murder (time served).
• R v Mackenzie, May 2016 (with Dighton (Qld), coram Richards DCJ, Qld) –dangerous driving causing grievous bodily harm.
• Watney v Kencian & Woolley: [2018] 1 Qd R 407 (leading McCafferty (Qld), now QC, contra Jonsson QC) – Defamation proceedings including two trials in the District Court, an appeal to Queensland Court of Appeal, special leave to the High Court and re-trial – Andrew appeared for Dr Kencian and Mr Woolley (parents) who raised four adopted Indian orphans in Cairns. Two of them were racially vilified at the local Anglican College. The parents wrote a letter of complaint to the Director-General about the school’s and the church’s handling of the matter. The school principal sued the parents for defamation and claimed $400,000 in damages. At the first trial in 2016 before Morzone DCJ in Cairns, the jury found there was no defamation. These verdicts were set aside by the Queensland Court of Appeal, and a retrial ordered. At the subsequent jury trial in March 2018, again before Morzone DCJ, the verdicts were again in favour of the parents.
• R v AA (District Court, Qld, Lynham DCJ) September 2018 –rape trial (leading Morreau Qld)). Accused faced one count of sexual assault (rape). He is Arabic and his accusers were French citizens, resulting in an unwieldy process with often three translators operating at the one time. Acquitted.

NSW

• R v Vitale, July 2015 (with McGee (NSW), coram Yehia SC DCJ) – commercial quantity drug manufacture.
• R v Brooks – February – April 2017, (Supreme Court, NSW before Hamill J): R v Brooks [2017] NSWSC 188; (No 2) [2017] NSWSC 260; (No 3) [2017] NSWSC 261; (No 4) [2017] NSWSC 315; (No 5) [2017] NSWSC 824 – murder
  
• R v YS (District Court, NSW, Leatherbarrow SC DCJ) February 2018 – rape & sexual assault (leading McGee (NSW), Accused faced 6 sexual assault and rape charges. He was an Uber driver.
• R v RP (District Court, NSW, Norton SC DCJ) July 2018 – rape (leading Rajalingam (NSW)). 
• R v Leung & Webster, District Court, Nielson DCJ April 2022 – commercial quantity drug manufacture and supply.

Northern Territory

• REF and SJP v Chief Executive Officer, Territory Families (NT) [2019] NTSC 4, Supreme Court, Northern Territory, Barr J – For REF and SJP (leading Fuller (NSW) and Dighton (Qld), the non-indigenous foster parents of an indigenous child. Judicial review and ‘parens patriae’ proceedings were successfully brought in the NT Supreme Court to set aside the decision to remove the child from their care.