Criminal Law Conference
Catch up on all the relevant issues impacting the criminal law arena right now. Our expert panel of barristers and solicitors will guide you through judge alone trials, cross examinations, family violence and intervention orders and criminalising coercive control. Plus, gain your core CPD units in issues of paramount relevance to criminal practitioners while analysing vicarious trauma, how to best prepare for sex offence trials, and ethics. 223V07
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics and Professional Responsibility
1 unit in Professional Skills
1 unit in Practice Management and Business Skills
This program is based on VIC legislation
Session 1
Hot Button Issues in the Criminal Law Landscape
Chair: Michael Stanton, Barrister, Foley’s List
10.00am to 11.00am Applications to Cross-Examine Witnesses Pursuant to s 198A and 198B and the Examination Hearings
- The background to applications for cross examination: common law and codification
- Legislation, rules and governing considerations
- Drafting of Form for Leave
- The application
- Limits upon witness examination
Presented by Julia Munster, Chief Counsel and Ellen Murphy, Deputy Managing Lawyer, VLA Chambers, Victoria Legal Aid
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Family Violence Intervention Orders
- The interplay between family violence intervention orders and criminal law
- Advising your client on how to respond to a FV Intervention Order
- Preparing and running an intervention order hearing
- Sentencing for family violence offences
Presented by Shaun Pascoe, Director, Pascoe Criminal Law; Accredited Criminal Law Specialist and Tony Vriends, Barrister, Greens List
12.15pm to 1.15pm (Presenting via Zoom from the UK) Coercive Control and Human Trafficking: Offences and Defences
- The criminalisation of coercive control
- Coercive control as a defence to crime
- The decriminalisation of sex work
- Compulsion defences for trafficked persons who commit crime
Presented by Felicity Gerry KC, Crockett Chambers; Recommended Criminal Law Senior Counsel, Doyle’s Guide 2021
Session 2
CPD Compulsory Units for Criminal Lawyers
Chair: Mihal Greener, Barrister, Green’s List
Ethics and Professional Responsibility
2.00pm to 3.00pm Ethics and Professional Responsibility for Criminal Lawyers
- The overriding duty to the court
- The ethical responsibilities that you must observe as a criminal lawyer
- Some ethical limitations on cross examination
Presented by Julian Murphy, Barrister, Gorman Chambers
Practice Management and Business Skills
3.00pm to 4.00pm Managing Vicarious Trauma in Criminal Law
- How and when is there is risk for vicarious trauma for criminal law practitioners?
- What is it? How do you know if yourself or a colleague has been (or is being) affected by vicarious trauma
- Does it make a difference whether you are prosecution, defence or judicial officer?
- Are there measures which have been demonstrated to minimise or mitigate vicarious trauma?
- What else can we learn from recent research/ experience?
Presented by Nicole Spicer, Managing Principal Solicitor, Victorian Government Solicitor’s Office
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm How to Prepare for Sex Offence Trials
- Best practice and procedure in preparing pre-trial applications
- Analyse Section 32C of the Evidence Miscellaneous Provisions Act
- How to advance persuasive arguments
- The importance of developing your own style of advocacy
Presented by Carlin Grant, Barrister, Foley’s List
(To be recorded on Saturday March 12 and then included)
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
Presenters
Michael Stanton
Michael practises in criminal and administrative law. He has appeared in a wide range of matters, including conviction and sentence appeals before the Court of Appeal, Royal Commissions and inquests. He was a consultant to the Royal Commission into the Management of Police Informants. He was junior counsel for an appellant in Tony Strickland (a pseudonym) & Ors v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325, and for the accused in the retrial of David Eastman. Michael was counsel for an appellant in Victoria's first guideline judgment, Boulton & Ors v The Queen (2014) 46 VR 308.
Shaun Pascoe
Shaun Pascoe, is an Accredited Criminal Law Specialist, and the Director of Pascoe Criminal Law. Shaun has more than 16 years’ experience as a criminal defence lawyer.
Tony Vriends
Tony came to the bar after an extensive period of time working as an associate at the County Court, where he was exposed to trial, plea and appeal hearings in the criminal division, and trial and application work in the civil division, working both at Melbourne and at circuit Courts. Tony then came to the bar, reading with Chris O'Neill, now a judge of the County Court, gaining experience in personal injury work before moving on to concentrate and develop his practice in criminal law and intervention order applications.
Felicity Gerry KC
Professor Felicity Gerry KC is admitted at the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC) in The Hague, to the Bar of England & Wales and in Australia (Victoria and the High Court Roll). She has also had ad hoc admission in Hong Kong and Gibraltar. As an international KC she is regularly called upon to handle serious, complex and sensitive trials and appeals at every level of court. Her cases and advisory work often involve an international or human rights element, including genocide, war crimes, torture, terrorism, homicide, biosecurity, illegal logging, human trafficking and other major domestic and international crime.
Mihal Greener
Mihal appears in criminal and quasi-criminal matters across all jurisdictions and has extensive advocacy experience in indictable and summary crime. She regularly appears in committal hearings, appeals, pleas, bail applications and contested summary hearings and has appeared as junior counsel in the Court of Appeal (R v Abbas [2020] VSCA 80). Mihal accepts briefs in quasi-criminal proceedings including disciplinary tribunal matters, Confiscation Act proceedings, inquests and regulatory matters where she acts for regulatory departments and defendants. She also appears in judicial review matters in the Supreme Court of Victoria.
Julian Murphy
Julian R Murphy is a barrister, practicing primarily in criminal and administrative law, and PhD candidate at the Melbourne Law School, where his research focuses on the intersection of statutory interpretation and constitutional law. He has previously worked as a criminal defence lawyer in the Northern Territory and as an Associate at the High Court of Australia. Julian holds an LLM from Columbia University, where he graduated first in his class.
Nicole Spicer
Nicole is Managing Principal Solicitor in the Inquiries, Prosecutions and Administrative Law branch at the Victorian Government Solicitors Office (VGSO) . She is currently involved in advising the State of Victoria in connection with its responses to the Yoo-Rrook Justice Commission and the Defence and Veteran Suicide Royal Commission. She has previously worked over an extended period of time in the field of criminal and quasi-criminal litigation. Prior to moving to the VGSO she was a supervising lawyer and mentor at Stary Norton Halphen Lawyers. She has been an LIV accredited specialist in criminal law since 2002, is co-chair of the Criminal Law Section, and sits on the specialisation advisory committee.
Carlin Grant
Carlin regularly appears in summary and indictable criminal proceedings both as junior counsel and as unled counsel. He has been briefed in a number of pre-trial applications, admissibility arguments and trials in the County Court. He has also prepared advice, drafted written cases and appeared in conviction and sentence appeals in the Court of Appeal.
Julia Munster
Julia Munster is an experienced trial advocate. She appears for legally aided accused in all criminal jurisdictions, but most frequently the County Court. She has been at Victoria Legal Aid for almost 10 years, and is currently a Senior Public Defender with VLA Chambers. Before that, she was a solicitor advocate for 7 years with the Northern Territory Legal Aid Commission in Alice Springs. Prior to legal practice, she worked as an anthropologist for an aboriginal land council for 10 years, primarily on native title and land right claims.
Ellen Murphy
Ellen Murphy is currently Deputy Managing Lawyer of the Indictable Crime Team at Victoria Legal Aid, where she has worked since 2019. Prior to working at VLA she was a solicitor advocate at Dr Martine Marich & Associates and is a former Associate of the County Court. Ellen has represented clients across all criminal jurisdictions in Victoria as well as Royal Commission hearings. She was admitted to practice in 2013 and is currently completing an LLM (Criminal Law and Forensics) at Monash University.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court