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. 

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 and 2010 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 "A defence practitioner's guide to criminal law", 2nd edition, 2023.
• He 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:

VGCCC/VLC prosecutions

• Appeared (unled) on behalf of a company that pleaded guilty to 6 charges of allowing a minor to enter a gaming machine area, allowing a minor to gamble and failing to supervise a vending machine on 3 separate occasions.  With a total maximum penalty of $114,650, the company was fined $5,000 without conviction.
• See VGCCC initial media release (Kevak Hotels) - Tabcorp and eight venues charged for allegedly allowing a minor to gamble | Victorian Gambling and Casino Control Commission (vgccc.vic.gov.au) 

• Appeared (unled) on behalf of a company that pleaded guilty to 4 charges of allowing a minor to gamble and faililing to supervise a vending machine on 2 separate occasions.  With a total maximum penalty of $51,777.60, the company was fined $7,000 without conviction.
• See VGCCC initial media release (Anecitus)- Tabcorp and eight venues charged for allegedly allowing a minor to gamble | Victorian Gambling and Casino Control Commission (vgccc.vic.gov.au) 

• Appeared (unled) on behalf of 4 companies charged with liquor licences breaches (ss.105-107 of the Liquor Control Reform Act 1998).  Negotiated the withdrawal of 7 charges.  Each company pleaded guilty to charges with total maximum penalties of $44k per company.  Upon a plea of guilty, the companies were fined between $2k and $5k each without conviction. 
• See (Hennessy Projects & others)- Enforcement actions - Liquor industry | vic.gov.au (www.vic.gov.au)

NHVR prosecutions

• Appeared (unled) on behalf of a company that was the first consignor to be prosecuted for a breach of the new Chain of Responsibility positive duties.  The matter proceeded as a plea of guilty to 1 charge, contrary to s 26G of the Heavy Vehicle National Law (2013) which has a maximum penalty of $1.682 million and no jurisdictional maximum penalty. The company [Big River Group] was sentenced to a with conviction fine of $75,000.
• Court outcomes | NHVR [Victoria, 21 April 2023, Consignor AS 2944]

Building/planning

• Appeared (unled) on behalf of a company that was prosecuted for being in occupation of a building without a current occupancy permit, contrary to s.40(1) of the Building Act 1993.  The matter proceeded as a plea of guilty to 1 charge.  With a maximum penalty of $110k, the company [Dreamlizer Pty Ltd] was sentenced to a without conviction adjourned undertaking for 6 months.

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) on behalf of a construction business upon a re-tiral.  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 was 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 an 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 jursidictional 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 Undertakings - WorkSafe [Oxha Nominees]

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 against both the company and the three directors for environmental offences. 
• Council matter - After negotiating the withdrawal of 3 of the 4 charges for the planning breach, 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 but upon appeal to the County Court, this was reduced to a fine of $30,000 without conviction.    
• 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 polllution abatment 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 - Kyle Road Developments Pty Ltd | Environment Protection Authority Victoria (epa.vic.gov.au)

• Appeared (unled) on behalf of the Director of a recycling company issued with 12 charges along with a co-director and the company, contrary to s.66B and ss.31A(7) and 62A(3A) for failing to comply with EPA notices.  Negotiated a plea to 4 rolled-up charges (12 offences) and the withdrawal of charges.  With a maximum penalty of approximately $400,000 per charge ($1.6m in total), the defendant was sentenced without conviction to an adjourned undertaking for 12 months.
• Manhari International Pty Ltd (ACN: 125 463 354) | Environment Protection Authority Victoria (epa.vic.gov.au)
• Appeared (unled) on behalf of a Landfill Operator issued with 7 charges of breaching its licence conditions, contrary to s.27(2) Environment Protection Act 1970 .  Negotiated a plea of guilty to 2 rolled-up charges (5 offences) and the withdrawal of 5 charges.  With a maximum penalty of approximately $400,000 per charge, the defendant was sentenced without conviction to a fine of $20,000. https://www.epa.vic.gov.au/about-epa/news-media-and-updates/media-releases-and-news/fine-for-melbourne-regional-landfill
• Appeared (unled) on behalf of the same Landfill Operator for subsequent offending. PG to 18 licence breaches (rolled into 5 charges) committed over an 11-month period.  With a total maximum penalty of approximately       $2 million, the defendant was sentenced without conviction to a fine and general restorative order totalling $50,000.  See Landfill Operations - https://www.epa.vic.gov.au/about-epa/public-registers/court-proceedings 
• Appeared (unled) on behalf of a water authority which pleaded guilty to 1 charge of causing an environmental hazard contrary to s.27A(1)(c) with a further charge withdrawn.  A sewerage pipe failed causing 2 million litres to escape over nearby land and into the Werribee river over a number of days.  With a jurisdictional maximum penalty of $380,000 and a previous conviction and previous enforceable undertaking, the defendant was ordered to contribute $115,000 to an environmental project (s.67AC) without conviction.  
• https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd...
• Appeared (unled) on behalf of a group of 4 related transport/construction companies in relation to 48 environmental charges of transporting waste without a permit with a further 48 charges against a company director.  After successfully negotiating the withdrawal of all charges against the company director as well as 44 charges against the companies, the matter proceeded as a plea of guilty to 4 rolled up charges (1 per company).  With a total maximum penalty of $1.417 million ($354k per company) each company was sentenced to a without conviction fine of $10,000 ($40,000 in total).
• [ https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd... ]

• Appeared (led by O.P. Holdenson QC) on behalf of ResourceCo along with Nicholas Tweedie SC on behalf of one of the directors, in relation to 4 environmental charges with a maximum available fine of $894,853. After successfully negotiating the withdrawal of all charges against the company director as well as 1 of the charges against ResourceCo, the matter proceeded as a plea of guilty to 1 charge. ResourceCo was sentenced to a with conviction fine of $150,000.
• ResourceCo Pty Ltd | Environment Protection Authority Victoria (epa.vic.gov.au)

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 read with Andrew Palmer SC (now a County Court Judge) and his Senior Mentor is Paul Holdenson QC.

* Liability limited by a scheme approved under Professional Standards Legislation