Criminal Law Conference: Evidence and Sentencing
Focus on two defining areas of criminal law: evidence and sentencing. Hear from an esteemed District Court Judge and then launch into evidence issues including the why and how of shortening trials, self- incrimination, tendency and coincidence evidence, and presenting evidence in parole proceedings. In the afternoon you will pivot to sentencing issues and explore mental health, sentencing in the Magistrate’s Court and catch up on the latest cases and updates related to sentencing. 2111N26
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Evidence Intensive
Chair: April Francis, Barrister, Forbes Chambers; Preeminent Leading Junior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.30am A VIEW FROM THE BENCH: Keynote Address
Presented by His Honour Judge Ian McClintock SC
9.30am to 10.20am The Why and How of Shortening Trials
- The demands of case management and ethical obligations on prosecutors and defence lawyers
- The impact of COVID-19 and the Public Health Orders on jury trials
- The use of agreed facts
- Proof of voluminous or complex documents
- Using the Police OIC to adduce the evidence of others
Presented by Craig Everson SC, Deputy Senior Crown Prosecutor, Crown Prosecutors’ Chambers, NSW
10.20am to 11.10am Self-Incrimination and Section 128, 132 Evidence Act 1995 (NSW)
- Making an objection
- Cornwell v The Queen (2007) 231 CLR 260 and other relevant cases
- Granting of certificates and jurisdictional issues
Presented by Damien Mahon, Senior Lawyer, Hugo Law Group
11.10am to 11.25am Morning Tea
11.25am to 12.20pm Using Tendency and Coincidence when Acting for the Defendant
- Finding the evidence
- Notice
- The test
- Risks and opportunities
Presented by Andrew Tiedt, Director, J Sutton Associates, Accredited Specialist in Criminal Law
12.20pm to 1.10pm Evidence Law and Parole
- The nature of parole proceedings
- The application of the rules of evidence
- Witnesses in parole proceedings: who are they, what evidence can they give and how do they give it
Presented by Sian McGee, Barrister, Maurice Byers Chambers
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Sentencing Intensive
Chair: Nicholas Cowdery AO KC
2.00pm to 3.00pm Update on Recent Sentencing Decisions: The Facts, Outcomes and Key Takeaways
- Recent updates from the CCA
- Significant changes in sentencing law
- Key takeaways and how to apply them in practice
Presented by Rose Khalilizadeh, Barrister, Forbes Chambers
3.00pm to 4.00pm Practical Issues Involved in Sentencing in the Magistrates Court
- Preparing for sentence
- Subjective material
- Negotiating facts
- Local Court advocacy
Presented by Aaron Roberts, Associate; Rising Star in Criminal Law, Doyle’s Guide 2020 and Maxine Malaney, Associate, Streeton Lawyers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Mental Health at Sentencing
- Prospects of rehabilitation
- Objective seriousness and moral culpability
- General deterrence
- Specific deterrence
- Weight of custodial sentence
- Delay in guilty plea
- Practical considerations
Presented by Dr Yega Muthu, Partner, YM Lawyers Pty Ltd
Presenters
April Francis
April was admitted to the bar in 1999. Her principal areas of practice are Criminal law, Corporate crime, Statutory offences, Appellate and Commissions of inquiry and inquests.
His Honour Judge Ian McClintock
Judge McClintock is a graduate of the University of NSW. He worked as a student and later lawyer at Redfern Legal Centre. He later worked in private practice before joining the Public Solicitor’s Office. He worked as a solicitor instructing in criminal trials. He then worked as an adviser to lawyers in the Local Court and as an advocate in the Local and District Courts. At the end of a three year secondment he returned to Legal Aid as solicitor in charge of the Blacktown office. He was appointed a Judge of the District Court in September 2012. Since 2014 he has been the “Rolling List Judge” in the District Court.
Craig Everson SC
Craig Everson was admitted as a solicitor of the Supreme Court of NSW in 1991 and worked for the Aboriginal Legal Service in NSW and the ACT. He was called to the Bar in 1996 and defended serious criminal matters in NSW, the ACT, Victoria and Queensland until he was appointed a NSW Crown Prosecutor in 2005. He has been a Deputy Senior Crown Prosecutor since 2014. In NSW he has conducted matters on both sides of the record before the Court of Criminal Appeal, the Supreme Court, the District Court and the Local Court. He is an accredited advocacy instructor with the Australian Advocacy Institute and the NSW Bar Association.
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.
Sian McGee
Sian McGee is a barrister at Maurice Byers Chambers. She practices in criminal, inquests/inquiries and administrative law. In 2019 she was junior counsel assisting the Inquiry into the convictions of Kathleen Folbigg. In 2016-2017 she was junior counsel assisting the Royal Commission into the detention and protection of children in the Northern Territory
Nicholas Cowdery AO KC FAAL
Former Director of Public Prosecutions for NSW (1994-2011), former Barrister (since 1971), former Associate Judge of the District Court of NSW, inaugural Co-Chair Human Rights Institute of International Bar Association, former President International Association of Prosecutors, former President NSW Council for Civil Liberties, Adjunct Professor of Law and Visiting Professorial Fellow at Universities of Sydney and of NSW.
Rose Khalilizadeh
Rose Khalilizadeh is a barrister at Forbes Chambers. She was called to the Bar in 2017 and practices in criminal law. Rose appears at all stages of criminal proceedings including hearings in the Local Court, jury trials, sentences, high risk offender matters and appeals. Rose is a member of the Bar Council and sits on the Bar Association's Criminal Law, Legal Aid and Professional Conduct Committees. Prior to coming to the Bar, Rose practiced as a criminal defence lawyer at Legal Aid NSW, the Aboriginal Legal Service NSW/ACT, and in private practice. Prior to that, Rose also worked at the Commonwealth Director of Public Prosecutions and as a tipstaff to a Judge of the Court of Appeal of NSW. Rose has taught at the University of Sydney's Faculty of Law, in Civil and Criminal Procedure and Torts.
Maxine Malaney
Maxine has been with Streeton Lawyers since 2017. Maxine acts in a wide variety of cases ranging from summary matters to serious criminal offences. She has experience in State and Commonwealth criminal matters, commissions of enquiry, coronial inquests and civil claims against the police.
Yega Muthu
Drawing on his experience from both academia and professional practice, Dr Yega Muthu established YM Lawyers to provide a service to clients built on insight and excellence.
From years of experience, Yega has specialised in mental health law, criminal law, human rights, succession and personal injury. In view of his mental health practice, he views his role in protecting vulnerable people in the community from exploitation.
Subsequently, recognising his aptitude Yega was granted the judicial position as the ‘Lawyer’ member of the Mental Health Review Tribunal from 2008-2012.
Aaron Roberts
Aaron is an Associate at Streeton Lawyers and has practised exclusively in criminal and traffic law throughout his career. He has experience in both serious criminal matters, ranging from large-scale drug importation and supply matters to sexual assault and white-collar crime offences, as well as Local Court and summary matters. Aaron was recognised by the Doyle’s Guide as a Rising Star in 2020 and 2021.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)