Glenn Barr

Glenn accepts briefs in quasi-criminal and regulatory prosecutions (OHS, EPA, NHVR, Gaming, Liquor, Building and planning etc) and criminal law proceedings (particularly white collar crime), predominantly as defence counsel. 

Prior to coming to the Bar, Glenn had more than 15 years’ experience working for the Office of Public Prosecutions, WorkSafe Victoria (secondment) and Crown Counsel (Advisings)/Department of Justice and Regulation. He occupied a number of senior roles including managing all criminal appeals in Victoria, which involved providing advice on complex legal and legislative policy matters. 

Glenn has particular interests in regulatory criminal law, the laws of evidence, criminal procedure, sentencing and advocacy. 

• He implemented the Evidence Act 2008 and Criminal Procedure Act 2009 in 2009-10 along with Chris Beale (now Justice Beale) as well as co-publishing LIJ articles on evidence law. 
• He co-wrote two chapters on EPA and OHS investigations/prosecutions, published in Foley's List's book "A defence practitioner's guide to criminal law", 2nd edition, 2023.
• He has been briefed to advise both Commonwealth and State regulatory/prosecution agencies with respect to both prosecution policies and investigation manuals. 
• He is an Accredited Advocacy Instructor and sits as an Assessor in the Bar Readers Course.

Since coming to the Bar, Glenn has been briefed to act in a variety of regulatory, criminal and quasi-criminal law matters (both at the investigative/advice stage and the prosecution stage). Examples of regulatory matters in which Glenn has appeared include the following:

OHS

• Appeared (unled) on behalf of a recycling company issued with 6 charges arising from a worker being seriously injured from a machine in the guarding had been removed.  After negotiating the withdrawal of 4 charges, the matter proceeded as a plea of guilty to 2 charges constituting 3 offences. With a maximum penalty of approximately $1.6m per charge ($3.2m in total) and a jurisdictional limit of $454k per charge ($908k in total) the company was sentenced without conviction to a fine of $40k.Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria (Manhari International)

• Appeared (led by Robert O'Neill) on behalf of a construction business upon a re-trial.  The company faced 2 charges on indictment of failing to ensure non-employees were not exposed to risks to health and safety (s.23) and failing to ensure workplace under its management or control did not expose others to such risks (s.26).  The offences arose from a fall from height by sub-contractors during the construction of townhouses which resulted in a fatality.  With a maximum penalty of approx $1.4m, the company was originally sentenced to a fine of $850,000 with conviction upon a plea of guilty to 1 charge (contrary to s.21).  The conviction and sentence were overturned on appeal.  Upon a new plea and sentence (to 1 charge contrary to s.23) the company was re-sentenced to a fine of $420,000 with conviction.Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria [Seascape Constructions] 

• Appeared (unled) on behalf of a masonry business that worked with engineered stone that was issued with 5 charges arising from the risks of silica exposure in the conduct of their business.   A plea of guilty to 1 rolled-up charges was negotiated.  With a jurisdictional maximum penalty of approx $410,000, a without conviction fine of $5,000 was imposed.  Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [AR Marble]

• Appeared (unled) on behalf a developer that entered a plea of guilty to charge contrary to section 26(1) involving 2 offences.  Two plumbing subcontractors were laying pipe in a trench when it collapsed in circumstances in which the trench was only partially protected with trench shields and had no fall protection.    With a jurisdictional maximum penalty of approx $800,000, the defendant was sentenced to a without conviction fine of $25,000. Prosecution Result Summaries and Enforceable

  Environmental

• Appeared (led by Garry Livermore KC) for a developer and its directors who were prosecuted in relation to the movement of approximately 26,000 cubic metres of asbestos contaminated soil.  The company was issued charges by the local council for planning offences and the EPA issued charges for depositing Industrial Waste.

o   Council matter - negotiated the withdrawal of 3 charges and the company pleaded guilty to a single planning offence (contrary to s.126(2)(a)).  With a maximum penalty of $193,000, the company was originally sentenced to a fine of $125,000 with conviction.  Upon appeal to the County Court, this was reduced to a fine of $30,000 without conviction.    

o   EPA matter - After negotiating the withdrawal of the charges against all 3 directors, the company entered a plea of guilty to a negotiated charge involving a breach of a pollution abatement notice (contrary to s.31A7).  With a maximum penalty of $386,856, the company was sentenced to a without conviction fine of $7.5k.  See -