CRIMINAL LAW
The Criminal Law stream will be held on Monday 23 November 2020.
Program subject to change.
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Time |
Topic |
Speaker |
CPD units |
Knowledge area |
|
8.45am-8.50am |
President's welcome | Richard Harvey* President The Law Society of NSW Chair Law Society's Specialist Accreditation Board | ||
| 8.50am- 8.55am | Chair's welcome |
Matthew Ward* Partner Morrisons Law |
||
| 8.55am- 9.00am | Lawcover sponsor message |
Kerrie Lalich Chief Executive Officer Lawcover |
||
| 9.00am-10.00am |
Developments in advocacy and the administration of justice
This session will explore developments in advocacy and the administration of Justice from both a pre and post COVIDF-19 pandemic perspective. It will examine the policy and operational context of the criminal justice system in NSW pre COVID-19. Specifically, it will outline how the business of the District Court and the Local Court, and the prison population have been effected by the drivers of the sustained growth in the number of matters brought before the courts, the District Court backlog initiatives, and the raft of legislative reform including the EAGP, sentencing and parole, high risk offender, and Table offence reforms. It will consider how some legislative reform operates disproportionately against the most disadvantage people in our community. The session will then examine the criminal justice system in NSW post COVID-19. It will look at the safety measures that have had an impact on advocacy in the criminal courts, as well as legislative changes, and consider how they might affect the criminal justice system in NSW into the future. |
Annmarie Lumsden* Director Criminal Law Legal Aid |
1 | Substantive Law |
|
10.05am-11.05am
|
Sexual assault offences
In this session, barrister Will Tuckey will examine nuances of sexual assault offences. Topics covered will include the application of ss 32 and 33 in relation to mental illness, sentencing factors including in the case of historical offences, risk assessments, child protection prohibition orders and high risk offenders, and available treatments for clients both in custody and in the community. |
Will Tuckey
Barrister 11th Floor Garfield Barwick Chambers |
1 | Substantive Law |
| 11.10am-12.10pm |
Parole matters and high-risk offenders
This session will consider offenders who are classified as “serious offenders” in New South Wales following sentence. It will address how these offenders are classified and managed during their incarceration by Corrective Services NSW and the Serious Offenders Review Council; how they become eligible for release on parole; their subsequent consideration for parole; and how the High Risk Offender regime intersects with parole. |
Corrie Goodhand
Barrister Black Chambers |
1 | Substantive Law |
| 12.10am- 1.00pm | Lunch |
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| 1.00pm- 2.00pm |
Body Worn Video interviews upon arrest – Part 9 of LEPRA avoided: Objectionable?Police questioning is happening in laneways, homes and in hospital beds. With the rollout of new technology, police are now frequently questioning people at the scene of their arrest using body worn video.
These persons may be orally cautioned but this does not go so far as to “provide for the rights of a person so detained” in accordance with the objects of Part 9 of LEPRA.
Persons interviewed this way are not afforded the opportunity to receive legal advice prior to questioning. The Custody Notification System for Indigenous persons is not utilised. Part 9 rights are vitiated by this policing technique.
Practitioners are confronted with the admissibility of evidence gathered in this way. The prevalence of this technique and its use in domestic violence offences are matters of professional concern.
This presentation will explore whether this evidence should and can be the subject of objection and how to go about making objections. |
Robyn Richardson*
Principal Lawyer Robyn Richardson Law |
1 | Substantive Law |
| 2.05pm- 3.05pm |
Insights into the Office of the Director of Public Prosecutions NSWThis session gives an overview of the operations of the Office of the Director of Public Prosecutions (NSW) including structure, workflow and workload. The session explores some of the challenges faced by the ODPP including the impact of legislative reform and this risk of vicarious trauma to their staff. Some examples of the work being done to meet these challenges are highlighted. This leads to a discussion around the role of the Prosecutor, the Prosecution Guidelines and how they translate into day to day operations. There are also insights into dealing with the ODPP productively and effectively. |
Melinda Graczol
Deputy Solicitor for Public Prosecutions (Operations) Solicitor's Executive Office of the Director of Public Prosecutions NSW |
1 | Substantive Law |
| 3.10pm- 4.10pm |
Tendency evidence Tendency evidence is a well-known but complicated area of law. It’s use at common law and in accordance with the Evidence Act has been the subject of much case law and a point of contention between different jurisdictions and even different judges. The Evidence Amendment (Tendency and Coincidence) Bill 2020, which commenced on 1 May 2020, recently changed the application and admissibility standards of tendency evidence, especially in child sexual offence cases. This presentation delves into the origins and application of the tendency provisions in the Evidence Act 1995 (NSW) and examines the recent changes and new provisions introduced by the 2020 Bill. |
Sergeant Jason Tozer*
Senior Police Prosecutor, Solicitor, Police Prosecutions Command Wagga Wagga Local Court |
1 | Substantive Law |
| 4.10pm- 4.14pm | Chair close of day |
Matthew Ward*
Partner Morrisons Law |
Substantive Law |
Sessions on demand
|
Topic |
Speaker |
CPD units |
Knowledge area |
|
Sentencing of children in the Children’s Court of NSW and higher courts
This presentation will look at issues and updates regarding the sentencing of children and young people in the District Court of NSW. It will particularly focus on sentencing reforms, sentencing at law or under the Children (Criminal Proceedings) Act 1987 (CCPA), section 19 orders under the CCPA and the sentencing of children and young people for sex offences. |
Keisha Hopgood Managing Solicitor Children’s Criminal Practice Aboriginal Legal Service |
1 | Substantive Law |
|
The prosecutor’s duty of disclosure: When you don’t know what you don’t know - 12 things you should know
This session will explore the scope and nature of the prosecutor’s duty of disclosure in criminal proceedings including:
• Comparing and contrasting the duty owed in summary proceedings and on indictment.
• The extent of what material must be disclosed.
• Who should carry out the disclosure function, and what if they don’t personally possess or know about relevant material.
• The fallacy of the investigating police/prosecutor distinction.
• Whether any onus falls on the defence to otherwise obtain the material.
• What happens if a breach of disclosure is revealed, including after conviction.
• How the accused can effectively enforce the duty through various avenues.
• The importance of defence lawyers guarding against perpetuating an entrenched culture of non-disclosure by the prosecution.
• Practical tips for securing disclosure. |
Felicity Graham Barrister Black Chambers |
1 | Substantive Law |
|
The Law of Involuntariness in Murder Cases – A Case Study – Dean Waters
WARNING: DISTRESSING CONTENT
Viewers are advised that this content contains graphic details that some may find distressing, including references to child abuse, sexual abuse, violence and suicide. Please use your discretion before proceeding.
If you have experienced sexual assault, domestic or family violence and require assistance, please contact 1800RESPECT (1800 737 732) to speak with a counsellor from the National Sexual Assault and Domestic Family Violence Counselling Service.
If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support.
If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. |
Emanuell Conditsis*
Director Conditsis Lawyers |
1 | Substantive Law |
Recent changes to Mental Health (Forensic Provisions) Act 1990
This session will examine the new Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which is due to commence in early 2021. There will be a particular focus on diversionary procedures in the Local and Children’s Courts (currently known as section 32 and 33 applications) and how these are likely to be affected by the new legislation. |
Jane Sanders*
Principal Solicitor The Shopfront Youth Legal Centre |
1 | Substantive Law |
*speaker is an Accredited Specialist
Click here to download the program.
CONTACT USPhone: 02 9926 0250 |
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