Saturday Criminal Law Symposium
Issues covered include: general deterrence, revenge porn, the De Simoni Principle, evidence admissibility, uncharged offences, crime scenes, cross-examination, dementia, trauma, ethics
Description
Join a panel of silks, accredited specialists, leading barristers, and medical experts while you catch up on precisely what you need to know to keep your practice at the forefront of success. From sentencing to evidence to crime scenes to practice and procedure in the courtroom, you’ll leave equipped with the information and skills your clients will expect of you. Plus, gain your core CPD units while exploring issues of paramount relevance to criminal practitioners.
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 symposium was recorded in NSW on 16 March 2019
Session 1
Hot Topics in Crime
Chair: Ian Lloyd QC, Trust Chambers
9.05am to 9.50am: The Continued Utility of General Deterrence as a Purpose of Sentencing
- History of the development and use of general deterrence
- The Medici Republic and the Munster Rebellion
- Early philosophers in the enlightenment period
- Analysing the continued utility of general deterrence
- Arguments for its continued use: morality, victim recognition and public offences
- Arguments against its continued use: communicating punishment, psychological factors and perceptual deterrence theory, social and economic factors, utilitarian consequences, inability to measure effectiveness and social hierarchy of criminal gangs
- Case Study: Weribone v R [2018] NSWCCA 172
- Understanding contemporary justice: R v Pogson; R v Lapham; R v Martin (2012) 82 NSWLR 60
- Reformed Sentencing Regime (2018)
Presented by Anthony Bellanto QC, Trust Chambers
9.50am to 10.35am: Revenge Porn: A Dish Best not Served
Examine the offences that arise from such acts and some of the common issues arising in prosecutions including proving authorship, the consequences of distribution, and penalties.
Presented by Josh Brock, Public Defender, Public Defenders Chambers
10.35am to 11.20am: The De Simoni Principle and the Admissibility of Evidence of Uncharged Offences in Agreed Facts
Presented by Ian Lloyd QC, Trust Chambers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Crime Scenes
- Analysing and challenging warrants
- Crime scene evidence and continuity
- How to read a brief for crime scene issues
- Issuing subpoenas and obtaining your own evidence
Presented by Rose Khalilizadeh, Barrister, Forbes Chambers
12.20pm to 1.05pm: Cross-Examination on Documents
- Practice
- Presentation
- Techniques
Presented by Michael McHugh SC, Wardell Chambers
Session 2
CPD Compulsory Units for Criminal Lawyers
Chair: Philip Strickland SC, Forbes Chambers
Professional Skills
2.00pm to 3.00pm: Dementia and Crime
With an ageing population, the incidence of dementia concerns have increased. This has been mirrored in the criminal justice system. Increasingly, lawyers are expected to have greater awareness and appreciation of a wide range of neurodegenerative conditions, which may have implications for a defendant’s fitness to stand trial, culpability and sentencing. The over 65 years age group is now the largest growing sector in the custodial setting, suggesting dementia is also highly relevant post-sentencing.
- Examine the different types of dementia and accompanying features and whether an individual’s dementia is likely related to their offending
- Explore how these inmates are managed in custodial settings and their risks and vulnerabilities
Presented by Dr Amanda J White, Neuropsychological & Forensic Services and Dr Melissa Hughes, Neuroforensics
Practice Management & Business Skills
3.00pm to 4.00pm: Developing a Trauma Informed Practice
You frequently work with clients who have high rates of adverse childhood experiences. You can transform the way you work with many of your clients by understanding the biological pathway from toxic stress in childhood to poor physical and mental health outcomes later in life. Be introduced to some of the neuroscience on this topic. Take a journey through real practice examples to illustrate how you can apply this knowledge for better outcomes for your clients and a reduced risk of burnout among solicitors and support staff.
Presented by Alissa Moen, Barrister, Sir Owen Dixon Chambers
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm: Ethics and Professional Responsibility for Criminal Lawyers
Too many lawyers are unaware of various ethics rules and what to do in certain circumstances. They make decisions which should be avoided. Responsibilities towards clients, fellow practitioners and to prosecutors/crowns and the courts are lost and overlooked by many lawyers. Consider these issues and better understand the ethics and responsibilities that you must observe.
Presented by Sam Macedone, Principal, Macedone Legal, Accredited Specialist in Criminal Law