Accredited Specialist — Criminal Law

Andrew
Tiedt

NSW Criminal Defence Lawyer. Solicitor Advocate. Director at JSA NSW — The Criminal Law Specialists. Creator of TrialDirections.com.au. Known as “That CaseNote Guy.”

62+
Case Commentaries
10
Years Doyle's Guide
9
Media Appearances
5
Published Articles

About Andrew

Andrew Tiedt is one of New South Wales' most recognised criminal defence lawyers. As Director & Principal of JSA NSW — The Criminal Law Specialists, he brings nearly two decades of courtroom experience spanning every level of the Australian court system, from the Local Court to the High Court of Australia.

Admitted to the profession in 2007, Andrew has spent his entire career working exclusively in criminal law. He has acted for thousands of clients accused of criminal offences — from murder, sexual offences, and fraud to drug supply, serious driving offences, and internet-based crimes.

One of the few NSW solicitors who appears in jury trials without briefing counsel, Andrew is a true solicitor advocate — preparing, running, and arguing his own trials. He has established a reputation as a “fierce and skilled advocate” and his case commentaries on LinkedIn have earned him the moniker “That CaseNote Guy”.

Beyond criminal defence, Andrew handles claims against police for false imprisonment, unlawful arrest, assault, and malicious prosecution. He has appeared before ICAC, the AAT, NCAT, and the Australian Criminal Intelligence Commission.

He created TrialDirections.com.au, a free 61-chapter resource on criminal trial directions used by lawyers across Australia. He has written opinion pieces for The Guardian Australia, been featured in the Law Society Journal, and appeared on BenchTV, Lawyers Weekly, and multiple legal podcasts.

Accredited Specialist in Criminal Law
Doyle's Guide 2016–2025
Solicitor Advocate
BenchTV Presenter Guardian Contributor

Career Timeline

Apr 2021 – Present
Director
JSA NSW
Current
Apr 2022 – Present
Author & Curator
TrialDirections.com.au
Current
Aug 2020 – Apr 2021
Director
The Criminal Law Specialists
Jan 2020 – Aug 2020
National Practice Director
Armstrong Legal
Jul 2019 – Dec 2019
Director
Armstrong Legal
Dec 2015 – Jul 2019
Partner
Armstrong Legal
May 2014 – Dec 2015
Senior Associate
Armstrong Legal
Jan 2008 – May 2014
Solicitor
Armstrong Legal
Feb 2006 – Jan 2008
Litigator / Graduate
Australian Taxation Office

Practice Areas

Murder & Manslaughter
Sexual Offences
Fraud & White Collar Crime
Drug Supply & Possession
Serious Driving Offences
Violence & Assault
Internet-Based Offences
ICAC & Corruption Proceedings
Claims Against Police
Asset Freezing & Civil Proceedings
Traffic & Regulatory Offences
That CaseNote Guy

Case Commentaries

62 case notes spanning the High Court of Australia to the Local Court, covering criminal appeals, sentencing, evidence law, and procedure.

QDC 2026

O'Donnell v William Roberts Lawyers [2026] QDC 9

Case involving professional liability of a law firm.

View Post 17 reactions
VSCA 2026

Simcoe v The King [2026] VSCA 19

Victorian Court of Appeal decision on criminal law matters.

View Post 38 reactions
NSWCCA 2025

Abed v R [2025] NSWCCA 223

Court of Criminal Appeal decision with detailed case note analysis.

TASCCA 2025

Adelegan v Tasmania [2025] TASCCA 16

Tasmanian Court of Criminal Appeal decision with case note analysis.

NSWCCA 2025

Al-Sheikh v R [2025] NSWCCA 205

Court of Criminal Appeal decision with detailed case note analysis.

NSWCCA 2025

Comer v R [2025] NSWCCA 164

Court of Criminal Appeal decision with detailed case note analysis.

NSWCCA 2025

D'Agostino v R [2025] NSWCCA 159

Court of Criminal Appeal decision with detailed case note analysis.

NSWCCA 2025

Doolan v R [2025] NSWCCA 190

Court of Criminal Appeal decision analysed by Andrew.

View Post 7 reactions
HCA 2025

Farshchi v The King [2025] HCA 46

High Court of Australia decision on criminal law matters.

NSWCCA 2025

GE v R [2025] NSWCCA 168

Court of Criminal Appeal decision. Andrew posted a detailed case note with document analysis.

View Post 13 reactions
NSWCCA 2025

Hawell v R; David v R; Hawell v R [2025] NSWCCA 210

Multiple co-accused appeals from the same trial. The CCA ordered new trials after finding the cases were 'relevantly identical' to an earlier successful appeal by a co-accused.

Key takeaway: When a co-accused's appeal succeeds, other co-accused raising the same point should follow.

NSWCCA 2025

Khayat v R [2025] NSWCCA 151

Court of Criminal Appeal decision with detailed case note analysis.

FCAFC 2025

Lehrmann v Network Ten Pty Limited [2025] FCAFC 173

Bruce Lehrmann defamation appeal against Network Ten. One of the most high-profile Australian cases of the decade.

VSCA 2025

Lynn v The King [2025] VSCA 315

Victorian Court of Appeal criminal decision with case note analysis.

NSWCCA 2025

Maloney v R [2025] NSWCCA 156

Court of Criminal Appeal decision with detailed case note analysis.

NSWCCA 2025

Manudhane v R [2025] NSWCCA 169

Court of Criminal Appeal decision with detailed case note analysis.

NSWDC 2025

Mavrakis & Associates Lawyers v Malouf [2025] NSWDC 511

Legal costs or professional conduct dispute involving a law firm in the District Court.

NSWSC 2025

Onakoya v The SCHN (No 2) [2025] NSWSC 1187

Supreme Court decision involving the Sydney Children's Hospitals Network.

NSWDC 2025

R v Brett Harbourne [2025] NSWDC 388

District Court criminal matter with case note analysis.

NSWSC 2025

R v Forrest (No 2) [2025] NSWSC 1154

Supreme Court criminal matter.

View Post 28 reactions
NSWDC 2025

R v Giang [2025] NSWDC 362

District Court criminal matter with case note analysis.

NSWDC 2025

R v Hunt [2025] NSWDC 403

District Court criminal matter with case note analysis.

NSWSC 2025

R v KL [2025] NSWSC 1398

Supreme Court criminal matter with case note analysis — related to R v KL [2025] NSWSC 1414.

NSWSC 2025

R v KL [2025] NSWSC 1414

Supreme Court criminal matter with case note analysis.

NSWDC 2025

R v LH [2025] NSWDC 535

District Court criminal matter with case note analysis.

NSWSC 2025

R v Mr L (a pseudonym) [2025] NSWSC 1194

Supreme Court criminal matter involving a pseudonymised defendant.

NSWSC 2025

R v Ridgeway [2025] NSWSC 691

Supreme Court criminal matter with case note analysis.

NSWDC 2025

R v Rousell [2025] NSWDC 420

District Court criminal matter with case note analysis.

NSWCCA 2025

R v Sabbah [2025] NSWCCA 203

Court of Criminal Appeal decision with detailed case note analysis.

NSWDC 2025

R v WS [2025] NSWDC 462

District Court criminal matter.

View Post 9 reactions
NSWSC 2025

R v Yoo [2025] NSWSC 1522

Supreme Court criminal matter with case note analysis.

FCA 2025

Ranabhat v MfIaC (No 2) [2025] FCA 1595

Federal Court decision with case note analysis.

VSC 2025

Re Walker [2025] VSC 714

Victorian Supreme Court decision with case note analysis.

NSWCCA 2025

Smith v R [2025] NSWCCA 158

Court of Criminal Appeal decision with detailed case note analysis.

NSWCCA 2025

TC v R [2025] NSWCCA 170

Court of Criminal Appeal decision. Andrew posted a detailed case note with document analysis.

View Post 17 reactions
NSWCCA 2025

Teshabaev v R [2025] NSWCCA 155

Court of Criminal Appeal decision with detailed case note analysis.

HCA 2025

The King v Tsalkos [2025] HCA 49

High Court of Australia decision on criminal law matters.

NSWCCA 2025

Towney v R [2025] NSWCCA 166

Court of Criminal Appeal decision with detailed case note analysis.

HCA 2025

WHS v The King [2025] HCA 51

High Court of Australia decision on criminal law matters.

NSWCCA 2025

YZ v R [2025] NSWCCA 165

Court of Criminal Appeal decision with detailed case note analysis.

VSC 2024

ANIT Australia Pty Ltd [2024] VSC 705

Analysis of witness credibility where cross-examination exposed inconsistencies and unreliability in testimony. The witness's statement contained conclusions beyond his knowledge.

Key takeaway: Cross-examination remains the most effective tool for testing witness credibility.

NSW Court of Appeal 2024

Bugmy v DPP (NSW) [2024] NSWCA 70

The Court of Appeal set aside Julie Bugmy's conviction for resisting arrest, finding her arrest was unlawful. Police must consider mandatory factors under s77(3) of the Bail Act 2013 before arresting for bail breaches.

Key takeaway: Section 77(3) considerations are mandatory, not advisory. Failure to consider them renders an arrest unlawful.

ACTSC 2024

DPP v Khan [2024] ACTSC 19

Justice Mossop identified a character reference that appeared to be written with ChatGPT. The judge ruled that using AI-generated references in sentencing is 'clearly inappropriate.'

Key takeaway: Courts will scrutinise AI-generated character references — authenticity matters in sentencing.

NSWDC 2024

Emde v State of NSW [2024] NSWDC 268

Whether police lawfully arrested a 78-year-old man for allegedly breaching an ADVO when he attended a shopping centre but not the specific store named in the order.

Key takeaway: ADVO conditions must be clear and unambiguous; arrest must be reasonably necessary.

NSWCCA 2024

Lam v R [2024] NSWCCA 6

The CCA quashed an indictment for historical indecent assault, finding that 1978 legislation did not contemplate female perpetrators of sexual offences against boys.

Key takeaway: Historical legislation must be interpreted as it existed at the time of the alleged offence.

NSWDC 2024

R v Glumac [2024] NSWDC 454

Fitness instructor charged with 47 counts of sexual offences against 18 complainants (2013-2020). The case examined whether the trial should proceed by judge alone due to volume and complexity.

Key takeaway: Judge-alone trials may be appropriate where the volume of charges risks jury confusion.

NSWCCA 2024

R v Narouz [2024] NSWCCA 14

The CCA held that the defence of Honest and Reasonable Mistake of Fact is NOT available for the offence of Drive with Illicit Drug in System. The offence is absolute liability, not strict liability.

Key takeaway: Drug driving is absolute liability — no defence of honest and reasonable mistake.

NSWSC 2024

R v Patterson (No 6) [2024] NSWSC 458

Murder case where expert evidence was unanimous, requiring the court to direct a jury verdict of 'act proven but not criminally responsible' based on mental health impairment.

Key takeaway: When expert evidence is unanimous on mental health, the court must direct the appropriate verdict.

NSWDC 2024

R v Smith (a pseudonym) [2024] NSWDC 41

Trial judge rebuked the DPP for proceeding with a sexual assault prosecution lacking sufficient evidence. Complainant was heavily intoxicated (BAC 0.15-0.2) with no memory of events. Defendant acquitted after brief jury deliberation and awarded costs certificate.

Key takeaway: Prosecutors must have reasonable prospects of conviction before proceeding to trial.

NSWSC 2024

RB v R (No 2) [2024] NSWSC 845

Justice Walton clarified the 'high degree of confidence' test under s22C of the Bail Act 2013 for youth bail. The phrase is undefined and represents a test 'unknown to the criminal law.'

Key takeaway: 'High degree of confidence' does not require certainty — it is an evaluation of future conduct.

NSWCCA 2024

SS v R [2024] NSWCCA 128

Whether a trial judge should have recused herself when a witness provided unexpected evidence that departed from prior police statements.

Key takeaway: Judicial recusal may be warranted when unexpected evidence creates an appearance of bias.

NSWCCA 2023

AE v R [2023] NSWCCA 74

The 'Totaan error' in sentencing — judges had been wrongly refusing to consider the impact of sentences on an offender's family and dependents unless 'exceptional hardship' could be demonstrated.

Key takeaway: Sentencing courts must consider family hardship without requiring an 'exceptional' threshold.

HCA 2023

McNamara v The King [2023] HCA 36

The High Court clarified that co-accused in joint trials qualify as 'parties' under evidence law, affecting how evidence can be excluded under s135 of the Evidence Act.

Key takeaway: Co-accused are 'parties' for the purpose of evidence exclusion — a significant clarification for joint trials.

NSWLC 2023

Police v Hawkins [2023] NSWLC 3

Bail test for appeals after conviction and sentence in the Local Court. Established that the 'special or exceptional circumstances' test under s22B of the Bail Act applies to persons appealing to the District Court after local court conviction, particularly when full-time imprisonment was imposed.

Key takeaway: The s22B 'special or exceptional circumstances' test applies to bail pending appeal from Local Court.

NSWCCA 2023

Rassi v R [2023] NSWCCA 119

Whether circumstances warranted discharge of the entire jury after a juror accidentally received the trial judge's ruling on expert evidence admissibility. Inconsistent responses about what jurors had seen and read.

Key takeaway: Jury irregularities from inadvertent disclosure of judicial rulings may require full jury discharge.

NSWCCA 2023

Waldron v R [2023] NSWCCA 128

Self-defence case involving wounding charges. The CCA found the trial judge misdirected the jury by using 'more likely than not' for tendency evidence (risking reversing the onus of proof) and by applying 'beyond reasonable doubt' to inferences favourable to the accused.

Key takeaway: Jury directions on tendency evidence must not reverse the onus of proof. New trial ordered.

NSWSC 2022

R v Cranston (No 16) [2022] NSWSC 1166

Plutus Payroll trial — examined financial burdens on jurors in long trials. NSW jurors receive $106.30/day (or $247.40 after day 10). Employers only required to make up-pay for first 10 days. Court noted this makes juries less representative in longer trials.

Key takeaway: Jury compensation in long trials creates representativeness concerns — a systemic access to justice issue.

NSWLC 2022

R v TW [2022] NSWLC 16

Whether the same magistrate should hear multiple applications from the same defendant, including a mental health diversion under s14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Key takeaway: Mental health diversion applications raise procedural questions about judicial allocation.

NSWSC 2022

Spedding v State of NSW [2022] NSWSC 1627

Bill Spedding was awarded $1.4M in damages for malicious prosecution. Charged with historical child sex offences as part of the William Tyrell investigation, the court found no reasonable or probable cause for the charges.

Key takeaway: Police must have reasonable and probable cause before laying charges — $1.4M awarded for malicious prosecution.

HCA 2021

Edwards v The Queen [2021] HCA 28

High Court decision on prosecution disclosure obligations regarding Cellebrite phone downloads. Mere notification of a download's existence is insufficient — the prosecution must provide a readily searchable copy.

Key takeaway: Prosecution must serve Cellebrite downloads, not merely notify of their existence.

HCA 2019

McKell v The Queen [2019] HCA 5

Defendant won a new trial after an unbalanced judicial summing up. The High Court examined whether the trial judge's summing up was so unbalanced as to deprive the accused of a fair trial.

Key takeaway: An unbalanced judicial summing up can deprive the accused of a fair trial — new trial ordered by HCA.

VSC 2005

DPP v Zdradko Micevic [2005] VSC 379

Historic Victorian Supreme Court case revisited by Andrew in his case commentary series.

Media & Speaking

Featured on podcasts, webinars, YouTube, and in legal publications.

Webinar
2025

Criminal Case Law: The Year in Review

Law Society of New South Wales (LawInform)

Hosted a webinar for the Law Society of NSW analysing 20 noteworthy criminal cases from 2024. Covered appeals, sentencing principles, jury directions, and procedural issues. On-demand recording available on lawinform.com.au.

Listen / Watch
Podcast
2023

Being a 'Solicitor Advocate'

The Lawyers Weekly Show

Hosted by Jerome Doraisamy

Discussed why criminal law is stimulating, whether advocacy is the remit of barristers only, why he describes himself as a 'solicitor advocate', running his own jury trials, and developing trial advocacy skills.

Listen / Watch
Podcast
2023

Episode 29 - Andrew Tiedt

Just Chat (Law Society of NSW)

Hosted by Francisco Silva

51 minutes

Discussed his journey into the legal profession, thoughts on the jury system, and the moral complexities faced by criminal lawyers.

Listen / Watch
Podcast
2023

#RaiseTheAge? Doli Incapax and the Age of Criminal Responsibility

Sidebar by Hearsay the Legal Podcast

23 minutes

Discussed the background to doli incapax, major offending by children, and whether there is a right or wrong answer to the minimum age of criminal responsibility in Australia.

Listen / Watch
Video
2024

Truth and Trials: Inside the Courtroom with Criminal Law Expert Andrew Tiedt (EP 4)

YouTube

Explored legal defences, ethical boundaries in criminal practice, and the emotional toll on lawyers and clients.

Listen / Watch
Video
2023

The Approach to Analogue Drugs under the Drugs Misuse and Trafficking Act 1985 (NSW)

BenchTV

Educational video on how analogue drugs are treated under NSW drug legislation, covering the legal framework for prosecuting offences involving substances structurally similar to prohibited drugs.

Listen / Watch
Feature Article
2025

Key Criminal Law Cases of 2024

Law Society Journal (LSJ)

Feature article based on Andrew's Law Society webinar, analysing 20 key criminal cases including R v Hodson (child sex offence sentencing increased on Crown appeal), Symons v R and McDonald v R (new trials ordered), and Bugmy v DPP (unlawful arrest).

Listen / Watch
Feature Article
2019

The Case That Changed Me

Law Society Journal (LSJ)

Feature article about Andrew's first jury trial at Parramatta District Court — a serious assault case arising from a road rage incident where he argued self-defence. The case that transformed him from instructing barristers to running his own trials.

Listen / Watch
Feature Article
2023

Lawyers Welcome Proposed Demerit Point System Overhaul

Law Society Journal (LSJ)

Quoted extensively on the NSW Government's proposed demerit system overhaul. Called it 'a sensible approach to punishment and fines' and argued the system should 'reward people who change their behaviour.' Drew on 15 years of handling driving matters.

Listen / Watch

Thought Leadership

27 posts on criminal law, justice reform, police accountability, and the intersection of technology and law.

Legal profession integrity 18 reactions

Sydney man pleads guilty to impersonating solicitor

Pretending to be a lawyer isn't as clever as the TV show Suits makes it out to be. There is good reason for taking this kind of offending seriously. Solicitors have all manner of obligations and regulations that must be followed. Misconduct can be reported and dealt with. The court needs to be able to have confidence that people appearing and purporting to be solicitors are actually accredited to do so.

Criminal justice system reform

Trial delays are intolerable

"It is intolerable in a civilised society that Australia claims to be, that someone presumed innocent should have to wait two-and-a-half years before their guilt is determined."

Police investigation techniques

The 'Mr Big' undercover technique

Andrew discussed the undercover police technique where suspects are lured into fake criminal organisations to elicit confessions, exploring concerns about false confessions while noting the technique's effectiveness when suspects provide information only the real perpetrator would know.

Mental health and criminal law

Mental health diversion vs 'not criminally responsible'

Criticised an article for conflating s14 Local Court mental health diversion applications with 'act proven but not criminally responsible' verdicts — calling the comparison 'a ridiculous comparison' that adds confusion.

Copyright and criminal law intersection

Copyright and media reporting — Bondi Junction

The family of Bondi Junction stabbing victim Dawn Singleton is suing Nine Network and SMH for copyright infringement over published photographs. Implications for fair dealing exceptions in news reporting.

Police conduct and accountability

Leaked police watch house footage

Commentary on leaked police watch house footage of a Darwin lawyer.

Technology and criminal offending

Newport Airbnb hidden cameras

Matthew Page, 63, pleaded guilty to recording intimate images without consent and producing child abuse material after setting up secret cameras in a Newport Airbnb.

Civil claims and criminal allegations

Sexual abuse survivor — $8M settlement

A sexual abuse survivor received a record $8 million settlement from a Melbourne primary school.

Open justice and transparency

NSW courts restrict access to judgments

Commentary on NSW courts restricting public access to judgments.

ICAC and corruption

ICAC raids City of Parramatta

The Independent Commission Against Corruption raided the City of Parramatta's staff offices and seized mobile phones of senior staff.

Judicial conduct

Federal sex trafficking judge

Commentary on the judge in a federal sex trafficking case.

High-profile criminal matters

High-profile Sydney man — guilty conscience

Commentary on a high-profile Sydney case involving allegations of misconduct with intimate video evidence.

Legal profession community

Opening of Law Term Dinner 2026

Another absolutely outstanding Opening of Law Term Dinner. It's always a pleasure to come together with the profession, the judiciary, and other stakeholders.

AI and legal profession

ChatGPT caricature

Did you know that if you ask ChatGPT nicely, it will create a caricature of you based on what it can discover about you online?

Technology and legal validity

Autopen and digital signatures in law

This story goes to an uncomfortable issue — when is it acceptable to use digital or artificial signatures? Discusses Trump's claims that Biden's autopen-signed pardons were void.

Bail and detention conditions

Sydney underworld figure — bail refused

An alleged Sydney underworld figure facing conspiracy to murder charges was refused bail and remains in Australia's highest security prison. Conditions include continuous video monitoring, solitary confinement 22 hours daily, one six-minute call per day.

Criminal investigations

Sydney dance teacher under investigation

A well-known Sydney dance teacher is under investigation.

Technology and criminal offending

Hospitality businessman — child abuse material

James Terence Rebbeck, a Sydney cafe owner, sentenced to three years in jail for soliciting, accessing, transmitting and disseminating child abuse material over encrypted platforms.

Legal profession reflection

Avalanche of posts — end of year reflection

Amidst the avalanche of posts about what happened in criminal law this year.

Police accountability

Strip search class action — police admit unlawful searches

Shortly before court hearing, class action involving 3,000 people — force admitted to unlawfully strip-searching plaintiff Raya Meredith. Police made an 'outrageous' submission asking the judge to infer that searching her breasts and genital area was 'objectively necessary' without any evidence. The largest class action against any police force in Australian history.

Police accountability 29 reactions

NSW Police powers — everything that is wrong

This video is everything that is wrong with some elements of NSW police. Our laws give police extraordinary powers. Most police officers use those powers responsibly and legally. Those that can not or will not do so need to be kicked out (and, preferably, criminally prosecuted) as soon as possible.

Victims' rights and civil remedies

Victims rarely bring civil claims against sexual offenders

I find it surprising how rarely victims bring civil claims against those who have committed sexual offences. Civil cases have a lower standard of proof and can proceed even if criminal charges are dismissed. Barriers include the lengthy process, cross-examination requirements, and upfront legal costs.

Criminal law education

Citizens arrest — as a general rule

As a general rule, conducting a citizens arrest is fraught with legal risk. Commentary on the legal framework and practical dangers of citizens arrests.

Published Articles

5 published pieces across The Guardian Australia and the Law Society Journal, covering sentencing reform, ICAC, traffic law, and the practice of criminal defence.

LSJ
Law Society Journal (LSJ)
2025

Key Criminal Law Cases of 2024

Feature article analysing 20 key criminal cases of 2024, based on Andrew's Law Society webinar. Covered R v Hodson (child sex offence sentencing increased on Crown appeal), Symons v R and McDonald v R (new trials ordered following co-accused precedent), Bugmy v DPP (unlawful arrest), Black directions, and civil claims against defendants' estates.

Read article
LSJ
Law Society Journal (LSJ)
2023

Lawyers Welcome Proposed Demerit Point System Overhaul

Quoted extensively on the NSW Government's proposed demerit system overhaul. Called it 'a sensible approach to punishment and fines' and argued the system should 'have regard to a person's history, and reward people who change their behaviour.'

Read article
LSJ
Law Society Journal (LSJ)
2019

The Case That Changed Me

Andrew's first jury trial — a serious assault case arising from a road rage incident at Parramatta District Court, where he argued self-defence. The case that transformed him from instructing barristers to running his own jury trials.

Read article
G
The Guardian Australia
2015

Unfortunately for outraged journalists, the high court was right to rein in Icac

Andrew defends the High Court's decision in the Margaret Cunneen case to limit ICAC's powers, arguing that while journalists loved ICAC for its investigative powers, the ruling was 'good news for the rest of society' in protecting civil liberties.

Read article
G
The Guardian Australia
2014

Barry O'Farrell's new 'one-punch laws' will not serve justice

Andrew argues that mandatory minimum penalties are ineffective and that the one-punch law proposal is 'gravely misguided' and will 'disproportionately affect the disenfranchised.'

Read article

Get in Touch

For legal enquiries, speaking engagements, or media requests.

“It is intolerable in a civilised society that Australia claims to be, that someone presumed innocent should have to wait two-and-a-half years before their guilt is determined.”

— Andrew Tiedt