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We often associate genocide with the act of killing members of a specific group, of which there have been many devastating examples throughout history. However, according to the Genocide Convention, other acts can also be regarded as genocide, if they are committed with the intent to destroy, in whole or in part, specific groups. In this case, the plaintiff held that building a bridge to Hindmarsh in South Australia would impede on the culture and way-of-life of the Ngarrindjeri in such a dramatic way that it would lead to the destruction of this group. However, at that point, genocide was not a crime under Australian national law. The plaintiff therefore invoked legislation from the UK, arguing that application of this legislation was possible because of the fact that the UK preceded the current Commonwealth of Australia in governing the Australian continent and its adjacent islands. The judge did not accept this argument and reiterated that even when international law prohibits genocide, someone can only be found guilty of genocide if national legislation explicitly prohibits genocide. The claim was denied.

In 2002, with the adoption of the International Criminal Court Act 2002, genocide became a crime under Australian law.

Dominique Ntawukulilyayo was the sub-prefect of Gisaraga sub-prefecture in Butare prefecture in 1994. On 20 April 1994, hundreds of thousands of Tutsis and their families escaped attacks and sought refuge at Gisaraga market in Ndora commune. Some of these people were prevented from leaving the market that evening and the following morning by law enforcement personnel and were forced to return to Gisaraga market. From 21 April through 23 April many of the Tutsi refugees left Gisaraga market for Kabuye hill. There, an extensive assault on the refugees was carried out by armed civilians, police and military personnel resulting in the death or serious injury of hundreds, and possibly thousands of men, women, children and the elderly.

On 23 April 1994 the Accused had promised the Tutsi refugees that they would be protected at Kabuye hill, prompting them to go there. Yet, later that day, he transported soldiers to Kabuye hill to participate in the attack against them. For these reasons, Ntawukulilyayo was found guilty of genocide (Count I) and not guilty of complicity (Count II) and incitement (Count III) charges. He was sentenced to 25 years of imprisonment. 

Dominique Ntawukulilyayo was the sub-prefect of the Gisaraga sub-prefecture within Butare prefecture, in Rwanda, from 21 September 1990 until he left Rwanda in July 1994.

On 3 August 2010, the Trial Chamber of the ICTR convicted Mr. Ntawukulilyayo of genocide for ordering, as well as aiding and abetting, the killings of Tutsi civilians at Kabuye hill in April 1994. He was sentenced to 25 years of imprisonment.

Ntawukulilyayo appealed his conviction. On 14 December 2011, the Appeals Chamber of the ICTR acquitted him of the charge of ordering the killings at Kabuye hill. Nevertheless, the Appeals Chamber agreed with the Trial Chamber that the Accused was guilty of aiding and abetting genocide by instructing the refugees who had gathered at Gisaraga market to move to Kabuye hill, and by transporting soldiers who participated in the attack at Kabuye hill on 23 April 1994. His sentence was reduced to a term of 20 years of imprisonment.