Criminal Law Symposium
213N22: Don’t miss your opportunity to hear directly from a District Court Judge and catch up on all the most relevant topics in criminal law. Examine recent decisions of the High Court, duty of disclosure by prosecution and police, and how to navigate the new sexual assault laws and regulatory prosecutions. Plus, gain your core CPD units in issues of paramount relevance to criminal practitioners. You’ll leave equipped with the information and skills your clients will expect of you.
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Hot Topics in Criminal Law
Chair: Michael McHugh SC, Wardell Chambers
9.00am to 9.20am A VIEW FROM THE BENCH: Keynote Address
Presented by His Honour Judge Warwick Hunt
9.20am to 10.05am Recent Decisions of the High Court
An examination of key decisions recently handed down by the High Court.
Presented by Ann Bonnor, Barrister, Forbes Chambers
10.05am to 10.50am Police Powers
- Reasonable suspicion
- Arrest
- Entry to premise
Presented by Will Tuckey, Barrister, Samuel Griffith Chambers
10.50am to 11.05am Morning Tea
11.05am to 11.50am Duty of Disclosure by Prosecution and Police
- What are the ethical obligations upon prosecutors within the modern trial process?
- NSW DPP Prosecutorial Guidelines
- CDPP Disclosure Policy
- The Legal Profession Uniform Conduct (Barristers) Rules 2015
- What are the statutory obligations upon police to disclose to the prosecutor
- Section 15A Director of Public Prosecutions Act 1986
- What are the statutory obligations upon the prosecution to disclose all relevant matters?
- Div. 3 of Part 3 Criminal Procedure Act 1986 (NSW)
- Discussion of relevant cases:
- United Kingdom
- R v Ward [1993] 2 All ER 577,
- R v Davis [1993] 2 All ER 643 and
- R v Keane [1994] 2 All ER 478,
- Australia
- Grey v R [2001] HCA 65;
- R v Reardon (No. 2) (2004) 60 NSWLR 454 and
- Livingstone (2004) 150 A. Crim R 117
- R v Spiteri (2004) 61 NSWLR 369
- Mallard V R (2005) 224 CLR 125
Presented by Stephen Lawrence, Barrister, Black Chambers
11.50am to 12.35pm Navigating the Changing Landscape of Sexual Assault Laws
- The challenge to s293 restrictions
Presented by Andrew Tiedt, Director, The Criminal Law Specialists; Recommended Criminal Lawyer, Doyle’s Guide 2020
12.35pm to 1.15pm Regulatory Prosecutions
- Indictments & CANs: challenges and complaints
- Coincidence & tendency in the context of regulatory prosecutions
- Abrogation of the right to silence in the context of regulatory prosecutions and the use of admissions obtained
- Sentencing
Presented by Kenneth Hall Averre MBE, Barrister, Forbes Chambers; Recommended Criminal Law Junior Counsel, Doyle’s Guide 2020
Session 2
CPD Compulsory Units for Criminal Lawyers
Chair: Brin Anniwell, Barrister, 7 Wentworth Selborne Chambers
Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Dilemmas in Criminal Law
- Ethical duties
- Dilemmas in criminal law
- Resolving conflicts
Presented by Kate Lloyd, Barrister, 4 Wentworth Chambers
Practice Management & Business Skills
3.00pm to 4.00pm Criminal Lawyers and Vicarious Trauma: Fact or Fiction?
- Examining Post Traumatic Stress Disorder?
- Understanding vicarious trauma and resilience
- An overview of the research
- How do I manage my psychological health?
- How can my workplace help me stay healthy?
Presented by Dr Lil Vrklevski, Principal Psychologist and Director of Psychology, Local Health District
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Sexual Assault Communication Privilege
- How to navigate the legislation in preparing a matter for trial
- How recent decisions can help fine tune your matter
- Practical considerations in preparing a persuasive argument
Presented by Cara Feiner, Barrister, Black Chambers
Presenters
Michael McHugh SC
Michael McHugh is a Sydney silk with a wide ranging trial and appellate practice across Australian civil and criminal jurisdictions. He was called to the bar in 1999 and took silk in 2012. He has significant experience prosecuting and defending large and complex white-collar crime matters, particularly regulatory cases. He is a BarADR Arbitrator; regularly acts as a mediator in commercial (including shipping and aviation) and common law matters; and is noted as ‘Leading’ transport barristers Australia - Senior Counsel, 2020. He is currently the President of the NSW Bar Association having been on its Bar Council for many years.
His Honour Judge Warwick Hunt
Judge Warwick Hunt was first admitted as a legal practitioner in 1981 having graduated from the University of Sydney. In 1995 his Honour was appointed and served for some years as a member of the Consumer Claims, Residential Tenancies and Residential Building Disputes Tribunals. In 2000 he was appointed as Magistrate of the Local and Children’s Courts of New South Wales, including service as the Children’s Magistrate at Campbelltown and Port Kembla. His Honour was thereafter called to the bar in 2007 practising principally in criminal trial and appellate work and inquest and child protection law from Forbes Chambers, He sits principally in the criminal jurisdiction.
Ann Bonnor
Ann was admitted to the Bar in 2014 after 12 years at the NSW Crown Solicitor’s Office. Ann specialises in regulatory and environmental offences, corporate criminal offences, appellate criminal law, coronial inquests, inquiries, and review of convictions. Ann has extensive experience advising on interpretation of criminal and related legislation.
Will Tuckey
Will was admitted to the Bar in 2015. He practices predominantly in the areas of crime, inquests, mental health advocacy and Supreme Court Bails.He graduated from the University of Sydney with a master of laws. Prior to that, he graduated from Macquarie University with First Class Honours in a Bachelor of Arts and Law and with the Deans award for outstanding academic achievement in Law.Will has worked with Legal Aid NSW, and has instructed in trial and mental health proceedings for the Western Aboriginal Legal Service and the Aboriginal Legal Service for the ACT and NSW
Kenneth Hall Averre MBE
Kenneth Hall Averre MBE is a member of Forbes Chambers and practices predominantly in the area of criminal law. Kenneth appears at all stages of the criminal process including the Local Court, Children's Court, the District Court, the Supreme Court and in appeals to Court of Criminal Appeal NSW. He has appeared in appeals to the Full Court of the Federal Court (extradition) and on a special leave application to the High Court. Kenneth has advised on and appeared in numerous appeals against conviction and/or sentence in the Court of Criminal Appeal (NSW)
Andrew Tiedt
Before setting up The Criminal Law Specialists, Andrew was a director of a national law firm, having spent his entire career working exclusively in criminal law. In 2020, Andrew decided that the time had come to set up his own practice.Many firms include the term "specialist" in their name. Unlike most lawyers who throw that word around, Andrew is part of the select group of solicitors in New South Wales accredited by the Law Society as an Accredited Specialist in Criminal Law. For us, "specialist" is not just a word. It is a statement about the quality of the legal services we are committed to providing to our clients.
Brin Anniwell
Brin Anniwell is an experienced federal prosecutor and defence barrister at 7 Wentworth Selborne Chambers. Brin is briefed by the CDPP, corporations and individuals across a broad range of matters including white collar crime prosecutions, including charges brought by ASIC under the Corporations Act 2001, allegations of foreign bribery, environmental offences and the ongoing cartel prosecution against several Australian banks and their employees (in which she acts one of the accused individuals). Brin frequently appears in Supreme Court jury trials for terrorism and large scale drug importation offences and she has run a number of jury trials in the New South Wales District Court as lead counsel.
Kate Lloyd
Kate was admitted to the NSW Bar in 2020, and accepts briefs in all areas of law. Kate has particular interests in criminal law, personal injury litigation, intellectual property law, and the law as it relates to children in a variety of contexts including juvenile justice, and care and protection. Kate has a Bachelor of Laws and a Bachelor of Science in Psychology from UNSW.
Dr Lil Vrklevski
Dr Lil Vrklevski B.A (Hons);LLB; MClinPsych; MBA; Dip.Grad.Research; PhD; MAPS; FCCLP; MACPA; GAICD is the Principal Clinical Psychologist and Director of Psychology, Sydney Local Health District. Lil has over 30 years’ experience in law and clinical psychology. She has worked clinically in the areas of sexual violence and mental health. Lil is particularly interested in the relationship between the legal and mental health systems as well as the impact of trauma work on professionals. Her research has been in the areas of vicarious trauma, root cause analysis, professional identity and professional roles as well as the role of allied health in public mental health services.
Cara Feiner
Cara was admitted as a solicitor in 2006 and was called to the bar in 2011. Prior to commencing work as a solicitor she was the Associate to His Honour Judge Zahra SC in the District Court of New South Wales. She has worked as both a solicitor and Crown Prosecutor with the New South Wales Office of the Director of Public Prosecutions. For the last 9 years Cara has practiced primarily as a criminal defence barrister, appearing in a wide range of matters. Her practice is focused on conducting trials and sentences in relation to serious criminal matters. She is a member of Black Chambers.
Stephen Lawrence
Stephen is an experienced public lawyer with a diverse national practice specializing in administrative and criminal law. He maintains chambers in Sydney and Dubbo, NSW. Before being called to the bar in 2015 he was the principal solicitor with the Aboriginal Legal Service in western NSW and spent extended periods involved in transitional justice work in Afghanistan, Solomon Islands and the Occupied Palestinian Territories. He is a former casual academic and regularly presents at conferences. Stephen podcasts at ‘The Wigs’ https://play.acast.com/s/the-wigs
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia