Advanced Criminal Trial Workshop
Join two of Perth’s leading Silk as they guide you through the critical areas of preparing for a criminal trial. Learn the art of the written sentencing submission - what to include and exclude, citing authorities and impermissible matters. Delve into mitigating factors, parole issues, collateral issues, character references, suppression orders and everything in between. This advanced program will deliver key learnings and techniques to help fine-tune the way you approach your next criminal trial. 2211W02
Description
Attend and earn 3 CPD points in Competency Area 2: Professional Skills
This program is based on WA legislation
This conference will be followed by a Networking Drinks Reception
2.00pm to 2.45pm Pre-Trial Preparation: Identification and Targeting
- Identifying inadmissible parts of the prosecution case
- Targeting critical witnesses
2.45pm to 3.30pm The Art of the Written Sentencing Submission
- The form of the written sentencing submissions
- How long and exhaustive does it need to be?
- To what extent do authorities need to be cited?
- Are there any issues that need to be avoided or can be taken for granted?
- Taking issue with the prosecution facts
- To what extent can you put forward a materially different version without running the risk of the plea being rejected?
- To what extent can you disagree with the Prosecution facts without having the matter referred for a hearing on the facts?
- Impermissible matters
- What matters must always be excluded from sentencing submissions?
- Victim blaming - is this ever directly or indirectly permissible?
- How to address Victim Impact Statements
- Is it ever possible to indicate that the plea is a “plea of convenience”
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Mitigating Factors & the Ultimate Disposition
- Dealing with alcohol and/or drugs as mitigating or explanatory aspects of the offending
- Mental illness as a mitigating factor
- How far is it possible to suggest the ultimate disposition?
- Barbaro v The Queen issues
- How to deal with parity issues
- Concurrency, commutativity, suspension and parole issues
4.30pm to 5.15pm Collateral Issues, Character References and Suppression Orders
- Collateral issues
- Onerous conditions in custody
- Effects on dependent family members
- Extra-curial punishment
- Deportation
- Sex offender registry
- Assets confiscation
- Character references
- What form should they take?
- The essential issues
- Some impermissible issues
- When can you (or should you) seek a suppression order?
- Cases involving children
- Operational matters
- Cooperation with authorities?
Facilitators:
Mark Trowell KC, Albert Wolff Chambers
Shirley Casey, Barrister, Albert Wolff Chambers (with materials prepared by Tom Percy, KC)
5.15pm Networking Drinks
Presenters
Mark Trowell KC
Mark Trowell KC is a leading Australian criminal lawyer and was appointed Queen’s Counsel in 2000. He has been a defence lawyer for most of his career, representing clients in Western Australia, interstate and overseas. Together with Tom Percy KC, he is a founding member of Albert Wolff Chambers. He has appeared as counsel at two Royal Commissions, several inquiries before the Corruption and Crime Commission, and has also prosecuted criminal cases for the DPP. In 2006, he was appointed by the Australian Government to undertake a review of the legislation governing the Australian Crime Commission (now the Australian Criminal Intelligence Commission). He is co-chair of the criminal law standing committee of LAWASIA. In recent years, he has been an international observer reporting on human rights issues on behalf of several Australian and international law organisations.
Shirley Casey
Shirley is a Barrister at Albert Wolff Chambers, having joined the Bar on 1 August 2022.Prior to this she worked for a boutique criminal law firm in Subiaco, and prior to that, she was a senior associate for a national firm.Shirley moved to Australia in 2008 to practice law.She haspracticed solely in crime with a dabble in civil law very early on.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.