John Avery (lawyer)
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John William Avery (born 11 July 1948) is an Australian former
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
based in
Hobart Hobart ( ; Nuennonne/Palawa kani: ''nipaluna'') is the capital and most populous city of the Australian island state of Tasmania. Home to almost half of all Tasmanians, it is the least-populated Australian state capital city, and second-small ...
,
Tasmania ) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdi ...
. Avery notably represented the perpetrator of the Port Arthur Massacre,
Martin Bryant Martin John Bryant (born 7 May 1967) is a convicted Australian mass shooting, mass shooter who murdered 35 people and injured 23 others in the Port Arthur massacre (Australia), Port Arthur massacre, one of the world's deadliest ...
during pre-trial and sentencing proceedings before the
Supreme Court of Tasmania The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and de ...
in 1996,“The man behind the Port Arthur massacre”
SBS, 27 April 2016
before himself being sentenced in the same court for misappropriation and stealing from clients of his firm in 2008.


Early life and education

Avery was born in
St Helens, Tasmania St Helens is the largest town on the north-east coast of Tasmania, Australia, on Georges Bay. It is known as the game fishing capital of Tasmania and is also renowned for its oysters (as are some other areas of Tasmania). It is located on the Ta ...
. He was educated at
Launceston Church Grammar School (Unless the Lord is with us, our labour is in vain) , established = , type = Independent, co-educational, day & boarding , denomination = Anglican , slogan = Nurture, Challenge, I ...
from 1961 to 1966 and the
University of Tasmania The University of Tasmania (UTAS) is a public research university, primarily located in Tasmania, Australia. Founded in 1890, it is Australia's fourth oldest university. Christ College, one of the university's residential colleges, first pro ...
, where he graduated
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1971 and
Master of Business A Master of Business (MBus) or Master of Business Studies (MBS) is an academic degree refers to a qualification in the degree of master that can be obtained by students of recognized universities and colleges who complete the relevant approved po ...
in 2013. He was admitted as a Barrister and Solicitor of the
Supreme Court of Tasmania The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and de ...
on 1 February 1972. He worked initially as an employee of a private law firm. He then established his own practice, John W Avery Barristers and Solicitors, later Avery Keal and Avery Partners, practising in criminal law and civil litigation.


Representation of Martin Bryant

In 1996 Avery represented
Martin Bryant Martin John Bryant (born 7 May 1967) is a convicted Australian mass shooting, mass shooter who murdered 35 people and injured 23 others in the Port Arthur massacre (Australia), Port Arthur massacre, one of the world's deadliest ...
for the shooting murders of 35 people at Port Arthur on 28–29 April 1996. He is widely regarded as the person responsible for persuading Bryant to plead guilty to each of the charges of murder that had been alleged against him, saying that he brought Bryant to the decision to plead guilty by encouraging him to draw pictures of his actions on 28–29 April 1996 in order to avoid "a show trial, a circus, a pantomime".


Sentencing and imprisonment

On 3 September 2008 Avery was arraigned in the Supreme Court of Tasmania before Chief Justice Ewan Crawford on an indictment alleging one count of misappropriation as a company officer and 133 counts of stealing. Sentencing Avery, Chief Justice Crawford said: In mitigation, Avery's counsel, David Gunson, SC, had told the court that during his representation of Bryant, Avery had "found the pressures of the media on him was enormous", and that Avery "had described his life after the case as akin to an AFL footballer going back to playing for a country team". Avery was sentenced to 4 years and 6 months from 3 September 2008, without parole for 2 years and 3 months, and by 28 September 2012 he had been released from jail. Avery was forced out of the Avery Partners partnership in 2008 when his stealing and misappropriation came to light.


Archibald Prize

In 2010, Avery was the subject of an entry for the
Archibald Prize The Archibald Prize is an Australian portraiture art prize for painting, generally seen as the most prestigious portrait prize in Australia. It was first awarded in 1921 after the receipt of a bequest from J. F. Archibald, J. F. Archib ...
by Hobart artist Stewart MacFarlane, entitled ''The Collector''.


References

{{DEFAULTSORT:Avery, John 20th-century Australian lawyers 1948 births Living people Criminals from Tasmania Tasmanian lawyers 21st-century Australian lawyers