Criminal Law Conference
Catch up on the most relevant topics in criminal law. Explore applications for trial by judge alone. Examine tendency evidence, the reforms to sexual assault laws, sentencing for child sex offences, and the criminal justice system for children. Plus, gain your core CPD units in issues of paramount relevance to criminal practitioners while analysing fitness & special hearings, cyber security & ethics. You’ll leave equipped with the information and skills your clients will expect of you. 223N22
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 Pickin, Barrister, Samuel Griffith Chambers; Recommended Criminal Law Junior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Applications for Trial by Judge Alone in Victoria and NSW: The ‘Interests of Justice’, Community Standards and Emergency Measures
- The Victorian experience with trial by judge alone in the context of the COVID-19 pandemic
- An overview of the case law on applications for trial by judge alone in NSW and Victoria
- What factors do the courts consider when determining whether trial by judge alone is ‘in the interests of justice’?
- The impact of COVID-related court delays upon recourse to trial by judge alone
- Strategic considerations for lawyers, and future directions for reform in Victoria
Presented by Dr Michael Fitzgerald, In-House Counsel, Doogue George Defence Lawyers; Accredited Specialist in Criminal Law
9.50am to 10.35am Tendency Evidence: Competence and the Consequence for the Statutory Presumption Under s 97A Evidence Act
Section 97A Evidence Act 1995 (NSW) has altered the evaluative task of assessing whether the purported tendency evidence has significant probative value. It creates a presumption that the evidence the subject of the asserted tendencies has significant probative value for the purposes of ss 97(1)(b) and 101(2). The court may determine that the tendency evidence does not have significant probative value if it is satisfied that there are sufficient grounds to do so: s 97A(4). What amounts to ‘sufficient grounds’ has not been considered by any appellate authority and only very limited guidance was proffered in the Second Reading Speech.
- Where the complainant is not competent to give evidence about a relevant fact, what consequence does this have for the statutory presumption under s 97A?
- Alternatively, where the complainant is competent to give evidence about a relevant fact, but he is not competent to give sworn evidence about a relevant fact, what consequence does this have for the statutory presumption under s 97A?
- In the event the interviews are not accurate as to a material particular (material particulars have been inaccurately interpreted), what consequence does this have for the statutory presumption under s 97A? Is that a consideration that the court is permitted to take into account in assessing the probative value of the evidence?
- If so, is that consideration sufficient to rebut the presumption created by s 97A?
Presented by Mark Higgins, Barrister, Black Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Reforms to Sexual Assault Laws: The Affirmative Consent Model
The reforms announced by the NSW A-G go further than the NSWLRC recommendations, particularly in adopting what the NSWLRC recommended remain unchanged in that the new laws require that the accused must have, by words or actions, sought the consent of the complainant before participating in any and each sexual activity. What does this and other changes mean when running a defended sex matter?
- Relevant NSWLRC recommendations
- NSWLRC rationale in not adopting the affirmative consent model
- The reforms you need to know about
- Do the reforms shift the burden of proof and/or diminish the accused’s right to silence?
- The adverse consequential effects of the ‘one size fits all approach’
- Lessons from other States
- Practical examples as to how the reforms may apply and the potential pitfalls
Presented by Michal Mantaj, Trial Advocate, Conditsis Lawyers
11.35am to 12.20pm Sentencing for Child Sex Offences: Laws and Other Issues Arising
- Crimes Act 1914 (Cth): mandatory minimum sentences
- What are they and what dothey apply to?
- How are the laws being interpreted in NSW and other states?
- Crimes (Sentencing Procedure) Act 1999 (NSW)
- Standard non-parole periods
- Other changes
- The use of Interpol baseline categorisation for child abuse material
- Court of Criminal Appeal Decisions of interest and assistance
Presented by Kenneth Hall Averre MBE, Barrister, Forbes Chambers
12.20pm to 1.05pm 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
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Criminal Lawyers
Chair: The Honourable Greg James AM KC
Professional Skills
2.00pm to 3.00pm A Practical Guide to Fitness and Special Hearings in the District Court
- Understanding the process and working within it
- Navigating procedural requirements
- Update on legislative changes
Presented by Cara Feiner, Barrister, Black Chambers
Practice Management & Business Skills
3.00pm to 4.00pm Cyber Security Within Criminal Law Firms: How to Mitigate the Risks
- What to look out for
- Managing cybersecurity without a large IT department: tips for small firms
- Keeping ahead of the game
Presented by Andrew Constantine, Founder and Managing Director, CIO Cyber Security
4.00pm to 4.15pm Afternoon Tea
Ethics and Professional Responsibility
4.15pm to 5.15pm Ethics for Criminal Lawyers: Dealing with the Media and Non-Publication Orders
- When and how can lawyers communicate with the media in an ethical manner?
- What are some effective strategies for engaging with the media on behalf of clients?
- When should non-publication / suppression orders be sought?
- What evidence should be prepared in support of non-publication / suppression order applications?
Presented by Nick Hanna, Principal, Hanna Legal
Presenters
Nick Hanna
Nick Hanna is the founding director of Hanna Legal and has over 14 years’ experience as a criminal law practitioner. In every year since 2016, Nick has been named as one of NSW’s preeminent criminal defence lawyers in the Doyles Guide. Nick has appeared in countless high-profile cases and has extensive experience in dealing with the media. He has acted as instructing solicitor in some important decisions regarding non-publication orders, including, Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52 and Qiangdong Liu v Fairfax Media Publications Pty Ltd & Ors [2018] NSWCCA 159 and has appeared as solicitor advocate in several successful non-publication order applications in the lower courts.
Dr Michael Fitzgerald
Dr Michael Fitzgerald is an experienced jury trial advocate who has appeared regularly in the Court of Appeal. Michael has extensive experience appearing before Royal Commissions and the Australian Crime Commission. He appears in bail applications, committals, trials, pleas and appeals, particularly in complex drug, fraud and conspiracy matters. Michael was admitted to practice in 2011 and became an Accredited Specialist in Criminal Law in 2016. He prides himself on preparation of his cases and his knowledge of the law. He graduated from the University of Melbourne in 2003 with Bachelors degrees with honours in Arts and Law.
Mark Higgins
Mark Higgins LLB (Syd), LLM (NSW) is a barrister admitted to the Sydney Bar for 22 years. He practises predominantly in the criminal administrative and judicial review, and care jurisdictions. He appears in both regulatory prosecutions on behalf of various State statutory authorities in Supreme, Land and Environment and Local Courts, and as defence counsel in all jurisdictions. He is on the panel of counsel to the International Criminal Court and has appeared internationally in criminal trial, most recently in the Republic of Nauru. He is a founding judge of he Prospera Arbitration Centre in the Republic of Honduras where he sits as the head of the hazardous Activity Division, and serves as the secretary to the Board
Michal Mantaj
Michal has over 18 years experience as a criminal law practitioner. In that time, Michal has advised and represented thousands of clients charged with criminal offences spaning the whole spectrum of the criminal law, from minor traffic matters to offences attracting a maximum penalty of life imprisonment such as murder and large scale drug trafficking. He has appeared as solicitor advocate in the Local, District, Supreme Courts and the Court of Appeal and Court of Criminal Appeal. Additionally, Michal is a Law Society accredited specialist in criminal law, and a member and deputy chair of the Law Society Criminal Law Committee
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).
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 10 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.
Andrew Constantine
Andrew Constantine, Is a cyber security red teamer - working with corporate ASX organisations to enhance their cyber security posture using cyber warfare and cyber security attack simulations to raise awareness. He's the founder of CIO Cyber Security a private advisory firm working with Cyber Security Leaders to enhance and build a better response to attacks.
Damien Mahon
Damien Mahon is a senior lawyer at Hugo Law Group. Damien provides representation and advice in State and Commonwealth criminal law matters. As a confident and proficient advocate, Damien has demonstrated success acting in a diverse range of matters including for persons charged with murder and offences of violence, terrorism offences, sexual assault, drug offences, fraud, and white-collar crime. Damien also acts for individuals and companies at ICAC inquiries and in confiscation of assets proceedings. Damien instructs counsel in complex criminal trials. Damien has a genuine passion for criminal defence law.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km