Saturday Criminal Conference
Issues covered include: Admissibility of Tendency Evidence Post R v Bauer, Post Sentence Orders under the new Serious Offenders Act 2018, Family Violence in the Criminal Courts, Committal Hearings, DNA Evidence and Crime, Trace DNA, Transfer DNA, Low level DNA, Familial DNA testing, Reduced Legal Aid Funding, Ethics for criminal lawyers.
Description
Join a panel including His Honour Judge Gray, Post Sentence Authority Board Members, silks, a forensic scientist and leading barristers and practitioners while you catch up on precisely what you need to know to keep your practice at the forefront of success. From post sentencing orders to comital hearings and procedure in the courtroom, you’ll leave equipped with the information and skills your clients will expect of you.
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Professional Skills
1 unit in Practice Management & Business Skills
1 unit in Ethics & Professional Responsibility
This conference was recorded in VIC on 23 March 2019
Session 1
Hot Topics in Crime
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: The Admissibility of Tendency Evidence Post R v Bauer (a pseudonym) [2018] HCA 40
How the case has and will impact on the admissibility of tendency evidence.
Presented by Paul Smallwood, Barrister, Victorian Bar
9.50am to 10.35am: INSIGHTS FROM THE POST SENTENCE AUTHORITY: Post Sentence Orders under the new Serious Offenders Act 2018
- An overview of the Post Sentence Authority including it's structure and operations
- The relationship between the Post Sentence Authority and the Supreme and County Courts
- Post Sentence Orders under the new Serious Offenders Act 2018
Presented by His Honour Judge Gray, former County Court Judge, Chief Magistrate and current Chair Post Sentence Authority, Jeremy Cass, Full-time Board Member (Legal) Post Sentence Authority, Angela Moran and Carmel Arthur, Full-time Board Members, Post Sentence Authority
10.35am to 11.20am Case Study: Hill v The Queen; Brennan v The Queen; Spaliaras v The Queen [2018] VSCA 190
Analysis of issues raised in the case and the key lessons for practitioners from the barristers who appeared in the matter.
- Post offence conduct
- Joint criminal enterprise
- Application for discharge of jury
- Jury directions
- Leave to appeal
Presented by Amie Hancock, Barrister and Lucien Richter, Barrister, Foley’s List
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Family Violence in the Criminal Courts
- Investigation: Digitally Recorded Evidence in Chief [DREC], Bail Act 1977, Schedule 2 Offences, Family Violence Offences
- Offences: Family Violence Protection Act 2008, Crimes Act 1958 (Vic) and Other
- Sentencing: Magistrates’ Court, Sentencing Principles
Presented by Tony Trood, Barrister, Crockett Chambers
12.20pm to 1.05pm: Committal Hearings
The crucial function of committal hearings in our system and the folly of attempts to do away with them.
Presented by Robert Richter QC, Crockett Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Criminal Practitioners
Chair: George Georgiou SC, Crockett Chambers, Foley’s List
Professional Skills
2.00pm to 3.00pm: THE SCIENTIFIC SCIENTIST'S PERSPECTIVE: DNA Evidence and Crime: Current Debates in the Forensic Community and at Trial
Explore the main topics that have arisen through the use of increasing technology in the analysis and interpretation of DNA evidence and illustrated with cases from Australia and overseas.
- Trace DNA from non-visible deposits, often from a few cells
- Transfer of DNA
- Low level DNA, partial DNA profiles and ‘drop out’
- Mixtures of DNA from up to four people
- Familial DNA testing
Presented by Jane Taupin, Forensic Scientist
Practice Management
3.00pm to 4.00pm: Managing Your Practice in a Climate of Reduced Legal Aid Funding
- Legal aid changes: What are they?
- Pro-bono work for criminal lawyers and how that might work in reality
- Legal aid work as opposed to privately funded work: Is the privately funded case always the best option?
- Maintaining client relationship
Presented by Tim Schocker, Partner, Stary Norton Halpen; Accredited Specialist in Criminal Law
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm: An Ethics Review of 2018 for Criminal Lawyers
Ethical dilemmas confront criminal lawyers as much as any other area of the law. One of the best ways to avoid an ethical dilemma is to identify it before it occurs. Review and consider the decisions of the Legal Practice List of VCAT from 2018 involving criminal law matters in order to see what went wrong and how to avoid the pitfalls.
Presented by Dr Theo Alexander, Barrister and Associate Professor of Law, Deakin University