David Mulligan

Mr Mulligan has a diverse practice with a focus on criminal law, intentional torts, and administrative law. He frequently appears in the District and Supreme Courts in a range of criminal proceedings with a focus on trial work and appellate matters.

Before being called to the Bar, Mr Mulligan was at Legal Aid NSW for 6 years, the NSW Office of the Director of Public Prosecutions and was a Judge’s Associate in the NSW District Court.

Cases

Notable unled cases:

• Smith v R [2026] NSWCCA 106 – a successful sentence appeal concerning the erroneous consideration of pre-sentence custody.
• Dixon v R [2025] NSWCCA 41 – an appeal in which the CDPP conceded error for grounds that related to the sentencing judge’s consideration of the age limit for certain Commonwealth Code offence provisions related to internationally based offending.
• R v Kellson [2024] NSWDC 137 – an appeal in which the Commissioner of Police unsuccessfully sought to argue that the Aboriginal Legal Service were incapable of being awarded certain cost orders based on the application of the indemnity principle. Mr Mulligan was briefed to appear for the Aboriginal Legal Service.
• Ritchie v R [2023] NSWCCA 153 – a successful appeal which provides guidance on the order of consideration of manifest excess and parity-based grounds of appeal.

Notable led cases:

• Baydoun v R [2024] NSWCCA 65
• Director of Public Prosecutions v Tiller [2023] NSWSC 187
• Smith v R [2022] NSWCCA 88
• Jones (a pseudonym) v R [2021] NSWCCA 225

NSW Bar Association Legal Aid Committee

Jessie Vella (Clerk)
Black Chambers
(02) 8590 5182

Zoe Boe (Junior Clerk)
Monica Chheath (Junior Clerk)

Black Chambers
Wallamulla, Gadigal Country
Suite 204, Level 2
185 Elizabeth Street
Sydney NSW 2000
Australia