Felicity Graham

Areas of Practice

  • Administrative / Public Law
  • Appellate
  • Constitutional
  • Coronial Inquests / Commissions of Inquiry
  • Criminal Law
  • Intentional Torts

Date of Admission

Admitted as a lawyer: 2008
Called to the bar: 2015


Bachelor of Arts and Bachelor of Laws (Hons)


Felicity is an experienced trial lawyer. She has extensive experience appearing across NSW in criminal matters in the summary jurisdiction and on indictment. Most recently Felicity was Principal Legal Officer and Trial Advocate at the Aboriginal Legal Service (ACT/NSW) Ltd in the Western Region. Before her admission as a solicitor, Felicity worked as tipstaff to his Honour Justice Graham Barr in the Supreme Court of New South Wales.

Notable cases:

R v Joseph Baker; R v Nathaniel Cole (unreported per Huggett DCJ, NSWDC at Sydney, 9.3.15)
Robbery in company for trial. Admissibility challenge to ERISPs and statement of both accused as a result of unlawful arrest for questioning and failures of the custody manager. Evidence excluded pursuant to s 138 Evidence Act. Both accused discharged.

RH v Director of Public Prosecutions (NSW) [2014] NSWCA 305
This case concerned the legal presumption that a child between 10 and 14 years is not criminally responsible and the objective test required to rebut the presumption. It also dealt with the applicable appellate procedure on a finding of error and the discretion to remit a matter to the trial court. Appeal allowed. Conviction set aside.

R v Shane Michael Knight (unreported per Lerve DCJ, NSWDC at Dubbo, 24.4.14)
Specially aggravated break, enter and commit serious indictable offence for trial. Pre-trial admissibility argument to exclude improperly obtained DNA evidence (the sole evidence of identification) as a result of numerous breaches of the forensic procedure legislation. Evidence excluded. Accused discharged.

McKellar v DPP [2014] NSWSC 459
The case concerned whether an accused was required to be physically present in Local Court proceedings even though legally represented. Appeal allowed. Conviction set aside.

David Louie v Governor, MRRC, Silverwater (unreported per Hall J, NSWSC, 7.4.14)
This case concerned the detention in a correctional centre of a person ordered to be detained in a mental health facility. Habeas corpus granted.

Osborne v R [2014] NSWCCA 17
This case concerned the setting aside of a subpoena to medical authority for personal records of Crown witnesses and whether production of documents to a court was prohibited by a secrecy provision. Interlocutory appeal allowed. Documents produced. Accused found not guilty at trial.

William Bugmy v The Queen [2013] HCA 37
Appeal from a successful prosecution appeal against the inadequacy of sentence. The case concerned whether the effect of social deprivation diminishes with time and re-offending and whether sentencing courts should take into account the unique circumstances of Aboriginal offenders and the high rate of incarceration of Aboriginal Australians. It dealt with fundamental principles of equality before the law and moral culpability at sentencing. The case also concerned the principles applicable on a Crown appeal. Appeal allowed. Crown appeal remitted (and subsequently dismissed).

Gaudie v Local Court of New South Wales and Anor [2013] NSWSC 1425
Appeal from Magistrate’s decision refusing to disqualify himself. The case concerned comments made by the Magistrate in a national newspaper concerning the incidence of domestic violence in Aboriginal communities and the plea of not guilty rate for persons represented by the ALS. Appeal allowed. Magistrate prohibited from hearing the case on basis of apprehended bias.

Lawson v Dunlevy [2012] NSWSC 48
Appeal against a condition of bail requiring the accused to submit to alcohol breath testing by police. The case concerned whether the bail condition was unlawful. Appeal allowed.

Conferences and Papers:

Felicity frequently presents at conferences and publishes many of her papers online at www.criminalcle.net.au.

‘Fingerprints and Expert Identification Evidence: Markers of Unreliability’
Presented at March 2015 ALS Western Region Conference, Dubbo.

‘Under Age and Under Investigation: Forensic Procedures on Children’
Presented at the 2014 Children’s Legal Service Conference, Sydney.

‘Strategic Litigation at the ALS: A Review and a Roadmap for Future Challenges in the Criminal Law’
Presented at the 2014 ALS Annual Conference, Sydney.

‘Appearing for a suspect under Part 5 Crimes (Forensic Procedures) Act 2000’
Presented at the 2014 ALS Western Region Conference, Rydal.

‘Poverty, intergenerational incarceration and sentencing post-Bugmy and s21A(5AA)’
Presented at the 2014 ALS Western Region Conference, Rydal.

‘Taser! Taser! Taser! A Case Study on Law and Procedure Pertaining to Police Tasers’
Presented at the 2014 Reasonable Cause Conference, Sydney.

‘Sentencing Aboriginality in an Age of Mass Imprisonment’
Presented at the 2013 ALS Annual Conference, Coffs Harbour; at Ashurst Law Firm, Sydney; and at the National Indigenous Legal Conference, Alice Springs.

Police v Phillip Bugmy: A case study’
Presented at 2012 ALS Annual Conference, Sydney.

‘Conflict of interest and duties in a criminal law context’
Presented at the 2012 ALS Western Zone Conference, Rydal.