Tim Marsh

Tim Marsh completed a Law and a Science Degree at Melbourne University, majoring in Genetics. After working as a solicitor at the Office of Public Prosecutions, Tim went to the Bar in 2003, reading with Mark Rochford QC. He has practiced exclusively in crime. In 2011 Tim was appointed as a Senior Public Defender at Victoria Legal Aid. in 2013 he was appointed as Chief Counsel, and for the next 7 years led VLA Chambers, before deciding to return to the Bar in November 2020. 

While Tim practices in all areas of crime, he has a strong practice in mental impairment and disability law. His work at first instance and on appeal in this area have helped clarify and reshape how the Victorian Courts treat offenders with mental illnesses. In 2020, his advocacy in the decision of Brown v The Queen saw the 2017 case of DPP v O'Neill overturned, allowing courts to take personality disorders into account in sentencing. 

Tim was counsel in the landmark case of DPP v Walters, which saw the controversial 'baseline sentencing' reforms declared 'incapable of practical application' by the Court of Appeal. Tim regularly appears in serious homicide cases: he was counsel at first instance for Jaymes Todd (the murder of Eurydice Dixon), and for Codey Herrmann (the murder of Aiia Maasarwe). In 2021, he successfully resisted an attempt by the DPP to overturn the 36 year sentence imposed on Codey Herrmann before a full bench of the Court of Appeal in a decision of national significance for the sentencing of aboriginal offenders. For a complete list of significant cases, please click on the 'Cases' tab.

Tim can be contacted through his clerk, Foley's List.

Tim has a particular interest in the intersection of mental health and criminal law, and has appeared in the majority of recent appellate decisions in the area. This interest extends to all cases - particularly homicides - where scientific or medical evidence is of particular significance. He is a current member of the Victorian committee of ANZAPPL, a past member of the Victorian Bar's Wellbeing Committee and sits on the editorial committee of the Judicial College of Victoria's Sentencing Manual.

Tim has a particular interest in the intersection of mental health and criminal law, and has appeared in the majority of recent appellate decisions in the area. This interest extends to all cases - particularly homicides - where scientific or medical evidence is of particular significance. He is a current member of the Victorian committee of ANZAPPL, a mamber of the Victorian Bar's Wellbeing Committee and site on the editorial committee of the Judicial College of Victoria's Sentencing Manual.