Current Issues for the Criminal Lawyer
213W11: Don’t miss your opportunity to catch up on all the most relevant topics in criminal law. Examine current issues in the Dangerous Sex Offenders legislation, trial directions, witness protection, the changes to the Uniform Evidence Act and a critical assessment of forensic drug evidence. You’ll leave equipped with the information and skills you need for your practice.
Description
Attend and earn 4 CPD points including:
1.5 CPD points in Competency Area 2: Professional Skills
2.5 CPD Points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Natasha Stewart, Barrister, Francis Burt Chambers
9.00am to 9.50am A Sentence Beyond Your Sentence: High Risk Serious Offenders Act 2020
- Examine the expansion of the Dangerous Sex Offenders legislation
- Discuss the nature of the new laws, their impact, and the consequences moving forward
Presented by Tony Hager, Barrister, Albert Wolff Chambers
9.50am to 10.40am Trial Directions: Need for Caution when Giving Directions and Making Comments on the Evidence
- Differences between directions and comments on the evidence by a trial judge
- The trial judge’s role is to identify the issues for the jury and give whatever warnings may be appropriate about impermissible or dangerous paths of reasoning
- Risk of a miscarriage of justice
- Discussion of Chong v The Queen [2020] WASCA 143, McKell v The Queen [2019] HCA 5; (2019) 264 CLR 307, and other relevant authorities
Presented by Sarah Oliver, Barrister, Francis Burt Chambers
10.40am to 10.55am Morning Tea
Chair: Sarah Oliver, Barrister, Francis Burt Chambers
10.55am to 11.45am Changes in Evidence: The Uniform Evidence Act and the Impact on Criminal Practice
- Brief introduction to and structure of the Uniform Evidence Act
- Propensity under the Uniform Evidence Act
- Confessions under the Uniform Evidence Act
- Questions
Presented by Lindsay Allan-McConchie, Barrister, Francis Burt Chambers
Competency Area 2: Professional Skills
11.45pm to 12.30pm Australian Witness Protection: Implications for Criminal Lawyers
- Witness protection evolution and international landscape
- Benefits and drawbacks of witness protection
- The Australian witness protection experience
- Structural difficulties in Australian witness protection for lawyers
Presented by Dr Stephen Monterosso, Discipline Lead-Business Law/Lecturer, Curtin University
Competency Area 2: Professional Skills
12.30pm to 1.15pm Illicit Drug Manufacture, Trafficking and Critical Assessment of Forensic Drug Evidence
- Illicit drug manufacture trends, domestic, international
- Drug trafficking, criminal networks and Australia as an end user illicit drug market
- Common methods of forensic drug analysis, advantages, limitations and reliability
- Understanding data quality objectives, quality assurance and uncertainty in forensic drug analysis
Presented by Paul Newell, Lead Expert – Trainer, Chemical Operations Group
Presenters
Natasha Stewart
Natasha Stewart practices primarily in Criminal Law and Advocacy as well as all aspects of Family Law and Violence Restraining Orders. She also regularly prosecutes on behalf of WA police. She is a guest lecturer in Advocacy at the Perth College of Law. Her experience includes:- working for Aboriginal Legal Services in Katherine in the Northern Territory, as a Senior Legal Officer with the Commonwealth Director of Public Prosecutions in Canberra, an employed solicitor in law firms in NSW and the ACT and defence counsel in the Public Defender's office in Honiara in the Solomon Islands.
Tony Hager
Tony has practiced as a Criminal Lawyer in Western Australia and Victoria for over 10 years. He has worked as In-House Counsel for both the Aboriginal Legal Service of WA and Victorian Aboriginal Legal Service. Tony has vast experience in the field of criminal law. He has appeared as lead counsel in courts of summary jurisdiction, Children’s Court, District Court, County Court and Supreme Court for jury trials, pleas in mitigation and sentencing, contested bail applications and contested interlocutory hearings. Tony has also appeared on behalf of respondents in proceedings brought under the Dangerous Sex Offenders Act.
Sarah Oliver
Sarah Oliver joined the Bar at the beginning of July 2016. She holds a Bachelor of Laws (Honours) and a Master of Laws (Legal Practice) degree, and has 16 years post admission experience in the law. In July 2018, Sarah was appointed a member of the Liquor Commission of Western Australia, and since August 2020 has been a member of the Criminal Lawyers Association of Western Australia. Sarah’s practice at the Bar involves mainly criminal law and administrative law cases.
Dr Stephen Monterosso
Dr Stephen Monterosso is a Lecturer at the Curtin University Law School where he teaches Occupational Safety and Health Law and Business Law. He has recently completed a PhD entitled 'The Use of a Rights-, based Approach to Address Juvenile Violence in Australian Schools: From Policy to Practice'. He also holds a Master's Degree in Criminal Justice from the University of Western Australia. He has various publications and book chapters in education, criminal, tort and industrial law.
Paul Newell
Paul is an Australian and internationally recognised expert in illicit drug manufacture and drug contamination and is a subject matter expert for the 'United Nations Office on Drugs and Crime' (UNODC). Paul is a co-author of the UNODC guidelines for the Safe Handling and Disposal of Chemicals from Illicit Drug Manufacture, and the principal author of the UNODC Illustrated Disposal Guide for the management and disposal of illicit drug related chemicals in remote environments.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.