Kieran Burke, Criminal Lawyer
Kieran was admitted as an Australian Lawyer in 2014 after completing a Bachelor of Laws and Bachelor of Arts at Deakin University and obtaining his Graduate Diploma in Legal Practice from Leo Cussen Centre for Law.
Having previously worked in a busy suburban criminal law firm, Kieran is a seasoned advocate in the criminal law sector and regularly appears in the various Victorian court criminal law jurisdictions. Kieran is presently the managing lawyer at our Melbourne Office.
Kieran is an accredited criminal law specialist. This means he is considered by the LIV (Law Institute of Victoria) to be a specialist in the field of criminal law, following completing and passing the criminal law specialist exam.
His engaging personality and his commitment to his clients to secure the best possible outcomes have endeared him to many. This integrity, coupled with his personality, has allowed Kieran to enjoy great professional relationships with the Court staff, prosecutors and Magistrates alike.
Kieran, like all our lawyers, practises with uncompromising integrity.
Kieran's recent case outcomes:
1. Not guilty verdict for rape charges
- This matter was a Jury Trial for a charge of Rape.
- Kieran Burke had carriage of the matter from Filing Hearing, the first court appearance in these matters.
- From there, the matter progressed to a Committal Mention and then onto the Committal Hearing, wherein the complainant and other witnesses were cross-examined.
- The charges proceeded to the County Court, and a Jury Trial was eventually listed.
- At the end of a week-long court argument, the jury came back with a unanimous “Not Guilty” verdict.
- Throughout the long and arduous court process, Kieran was there to guide and support the client.
2. Crown appeal of County Court decision
- This matter was a Court of Appeal decision wherein the OPP sought to appeal a point of law in the County of Court of Victoria.
- The point of law was originally argued in the County Court, with the Judge agreeing with our side. The OPP disagreed and sought to appeal the decision to the Supreme Court of Appeal.
- The points were again argued in further detail, and the Court of Appeal again agreed with our side, and leave to appeal was refused. The ramifications of this case have meant the OPP have had to reconsider how the law of tendency will be applied in prosecutions, particularly in the context of sexual offence matters and charged acts.
- The OPP has sought leave to appeal this decision to the High Court of Australia.
3. Community corrections affray
- This was an application for summary jurisdiction.
- Our client was charged with affray for being involved in a brawl in the street. One of the victims was stabbed and killed by another member of our client’s group. The other member was charged with murder.
- There was no issue taken with our client being involved, but he denied ever being a party to a murder.
- The Crown sought to have our client’s matter dealt with alongside the other members in the Supreme Court of Victoria.
- Kieran Burke appeared at the Melbourne Magistrates Court and opposed the Crown Prosecutor in an application for Summary Jurisdiction.
- After 2 days of argument, the Court agreed with our point of view and separated our client’s case from his co-accused.
- Our client was sentenced to a non-custodial Community Corrections Order at the end of the matter.
4. Client awarded costs
- Our client had a single-car crash as a result of driver fatigue on a rural road. The police and ambulance attended.
- In the course of being taken by ambulance to hospital, our client asked police to obtain his phone from his vehicle, which had flipped.
- Our client’s phone was quickly located and returned to him.
- Police sought to gather his belongings and came upon a significant amount of drugs in a toolbox located near the vehicle. He was subsequently charged with trafficking and possession of various drugs.
- Our office challenged the legality of this search in court. The police disagreed, and the matter went to a contested hearing.
- The court agreed that the search was illegal and the police, therefore, could not rely on any of the evidence obtained in the search.
- Our office was awarded costs against the police in this matter.
5. Unlawful search whilst on bail - drug charges withdrawn
- Our client was parked at a 7/11 with a friend while on a break from work at approximately 3.00 pm.
- Police attended and spoke to our client, who was on bail at the time and understandably nervous when approached by police.
- Police searched his person and his vehicle, finding a significant amount of drugs in his backpack. He was charged with trafficking and possession of drugs.
- We sought evidence from police, including body-worn cameras, police notes and sworn statements. This was done to establish what actually occurred and the circumstances of our client being searched.
- Following a review of this material, it was clear the search was unlawful. We contacted the police directly and requested the charges be withdrawn.
- Had the search not been investigated and our client pleaded guilty to the charges, he would have almost certainly been sentenced to a period of imprisonment.