Forensic Evidence in Criminal Law Matters
Forensic analysis is a critical element of the criminal justice system. Our expert panel have a unique set of skills coupled with invaluable insight into the area of forensic evidence. Explore the practical application of their knowledge into the role of drugs and alcohol and the interpretation of those results to secure a conviction, plus how to best utilise the forensic pathologist as an independent expert witness. WEB233V15Z
Description
Attend and earn 3 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Matthew Campbell, Solicitor, Proctor and Associates
2.00pm to 2.40pm Forensic DNA Testing in 2023: Capabilities and Uncertainties
- DNA testing overview
- DNA testing kits
- Interpretation of DNA profiles
- Probabilistic genotyping and statistical analysis
- Limitations of DNA testing
- Additional DNA testing capabilities
Presented by Clint Cochrane, Forensic Biology/DNA Laboratory Manager, Forensic &Analytical Science Service
2.40pm to 3.20pm Forensic Results in the Context of a Case
- Role of illicit drugs on impairment and in crash causation, focus on methamphetamine and cannabis
- Interpretation of forensic drug results in the blood of drivers: what evidence is needed to secure a conviction for impaired driving and culpable driving
- Role of alcohol with illicit drugs/impairing drugs
- if relevant, how these results are produced in the lab
Presented by Professor Olaf Drummer, Professor of Medical Forensic Science, Department of Forensic Medicine, Monash University
3.20pm to 3.30pm Afternoon Tea
3.30pm to 4.15pm A Checklist for Forensic DNA Evidence
- Handling at scene and prior to submission to lab including search video's
- Is Methodology appropriate for sample IE Trace, sexual assault etc
- DNA quantitation and implications for low level DNA
- Determination of numbers of contributors, a critical but subjective task
- Accreditation guidelines and failure to adhere to them
- Statistical analysis, use of databases and profile searches
- Reporting the evidence and what it cannot say
Presented by Anna Davey, Director, Forensic Foundations International
4.15pm to 5.15pm Fifty Shades of Red
- Provide insight into the role of the forensic pathologist
- Explain the factors that determine how a forensic pathologist determines the cause of death and formulates their opinions
- Outline how to best utilise the forensic pathologist as an independent expert witness
- Provide structure and advice as to how to understand forensic medical evidence and prepare for cross-examination
- Explain how to make forensic medical evidence fit your case theory
- Provide tips for how to cross-examine forensic experts to get the evidence you need to advance your case
Presented by Dr Joanna Glengarry, Forensic Pathologist, Victorian Institute of Forensic Medicine and Tim Marsh, Barrister, Brian Bourke Chambers
Presenters
Matthew Campbell
Matthew Campbell is currently admitted to practice law without restriction in all State Courts and Federal Courts of Australia, having been originally admitted as a Lawyer of the Supreme Court of NSW, and is a Solicitor and Barrister of the High Court of Australia. Prior to arriving in Australia to rejoin family in 2008, Matthew completed a Bachelor of Arts (Honours) in Psychology as well as Bachelor of Social Science (Honours) in Criminology at the University of Ottawa and Carleton University in Ontario, Canada, and lived in both Canada and the United Kingdom of Great Britain. Previously he had a background working in Construction and Youth Counselling. Following on from his undergraduate studies he worked in a number of correctional facilities, penitentiaries and Government Headquarters in Canada at the Federal and Provincial levels, in a variety of roles including social work program delivery, forensic psychological assessment, offender management, and investigations. In these roles he also conducted liaison work with a number of law enforcement agencies including in the United States and Europe along with Interpol. He has represented and advocated for Prisoner and Inmate Rights, Advised on Appeals and Human Rights in Prisons. Mr. Campbell has since completed a Bachelor of Laws (LLB) through the Graduate Stream at the University of Sydney, specializing in Advanced Criminal Law, and Advanced Litigation & Evidence Law. He has also tutored Law in the Colleges of the University of Sydney, and is the Assistant Sub-Warden of St.Paul’s College within the University of Sydney. In his legal practice, he is predominantly engaged in Trial Law, Appeals, Committal Proceedings, Summary Criminal Cases, Traffic Law and Driving Offences, Coroner’s Inquests, Bail Hearings and General Civil Litigation. His legal interest and practice areas also include all forms of Administrative Law, International Criminal Law and Extradition Proceedings, and Mental Health Advocacy and all areas of Public Law. Since being admitted to practice, he has been instructed to act in Murder trials, International Commercial Drug Importation Trials, Extradition proceedings, Sexual Assault and Indecent Assault Trials, Firearms Offences, and other criminal offences including Robbery, Assault, and Computer Crime, Tax Evasion and Benefits (Centrelink) Crimes and Debt Proceedings, Identity theft, as well as Fraud and Drug Supply and Possession. As a Lawyer and an Advocate, he has appeared in the Supreme Court of New South Wales, the Court of Criminal Appeal of NSW and both the District Court of NSW and Local Court of NSW. He has also appeared as advocate before the Federal Circuit Court of Australia, and the Administrative Appeals Tribunal and the NSW Civil and Administrative Decisions Tribunal. He has a great deal of experience negotiating with both the NSW Police Force, the Director of Public Prosecutions (Commonwealth and NSW) and the Australian Federal Police on behalf of his clients in police stations. He has attended police witness interviewing and been involved in collecting crime scene evidence for Court on behalf of the defence. He has also acted on common licence matters with various government authorities. Mr. Campbell also takes on Legal Aid referred work in New South Wales for both State and Federal, as a member of the Criminal Law panel of appointed Private Practitioners to Legal Aid NSW.
Clint Cochrane
Clint Cochrane has over 20 years experience as a Forensic Biologist and is currently the Laboratory Manager for the Forensic Biology/DNA service at the NSW Health Pathology Forensic & Analytical Science Service (FASS). As the NSW representative on the national Biologist Specialist Advisory Group, Clint has input into the ongoing evolution of various probabilistic genotyping software systems, including STRmixTM and emerging companion software including FaSTRTM and DBLRTM. As laboratory manager Clint has oversight responsibility for the testing, validation and incorporation of new technology and methods into operational use. Clint has extensive experience in implementing advanced technologies to improve the Forensic Biology/DNA service. Clint is involved in current and future planning to deliver DNA services that support intelligence led Policing, especially in timely provision of DNA results.
Professor Olaf Drummer
Professor Olaf H. Drummer, FFSC, FRCPA, FACBS, CChem, PhD (Med), BAppSc(Chem) is a forensic pharmacologist and toxicologist. He is Deputy Director (Academic Programs) at the Victorian Institute of Forensic Medicine, and Professor and Head of the Department of Forensic Medicine, Monash University, in Melbourne, Australia. Professor Drummer completed his PhD from Melbourne University in 1980, and has been involved in the analysis of drugs and poisons, and the interpretation of their biological effects, for over 40 years. He has published extensively in the fields of forensic pharmacology and analytical toxicology, including in over 250 peer reviewed scientific papers in journals, chapters, and has written 3 books. He has acted as an expert forensic pharmacologist and toxicologist in hundreds of cases in Australia and in other parts of the world.He is a past President of the International Association of Forensic Toxicologists (TIAFT) and is the inaugural and current President of the Forensic and Clinical Toxicology Association of Australia (FACTA inc). He is also a member of a number of national and international associations. He is the editor for toxicology and drug manuscripts for Forensic Science International, and sits on editorial boards of a number of journals.
Anna Davey
Anna Davey B.Sc. (Hons) (Melb), M.Sc. (Melb), Grad Dip Legal Studies (UNE), Grad Cert Pub Sec Mgmt (Flinders), Cert IV CBT (Barton) In 1988, Anna was employed by the then State Forensic Science Laboratory as part of a small team formed to introduce DNA profiling to Victoria for criminal casework. By 1994, she was Team Leader and had developed an interest in education and training in forensic science. In 1997, Anna moved from casework to lead the ‘Quality Management, Education and Information Services’ team. From 2000 – 2004, Anna held the position of Executive Officer of the National Institute of Forensic Science and in 2004, was appointed Deputy Director. In 2008, Anna Davey founded Forensic Foundations International, a specialised service providing flexible fit-for-propose forensic program for expert and legal practitioners. These services involve training, consultancy, case review and auditing. In 2010, Anna completed a Graduate Diploma in Legal Studies at the University of New England. Anna operates in all areas of the forensic sciences, focusing on quality management, the interface between science and the legal system, and forensic science based R&D. She brings an unequalled depth of knowledge and experience to these subjects. Anna is the immediate past Vice President (Australia) of the Australian and New Zealand Forensic Science Society (ANZFSS) and is Secretary of Victorian Chapter of the Australian Academy of Forensic Science.
Dr Joanna Glengarry
Dr Joanna Glengarry (MBChB(Distinction), FRCPA, Dip. Forens. Path) is a specialist forensic pathologist based in Melbourne at the Victorian Institute of Forensic Medicine (VIFM). She has worked for over a decade as a medical specialist, both in Australia and New Zealand. She has professional expertise that involves determining cause of death; reconstructing the circumstances of illness, accident, suicide or suspicious death; injury analysis and interpretation; medicolegal casework and death investigation. She performs post-mortem examinations covering the full spectrum of natural, accidental, suicide-related and suspicious deaths.
Tim Marsh
Tim Marsh is Chief Counsel at Victoria Legal Aid, where he leads a specialist team of 22 in-house counseling civil, family and criminal law. Tim regularly appears in criminal appeals, trials and judicial review proceedings in the Victoria's Court of Appeal, Supreme Court and County Court. Tim is also briefed to appear and advise on matters in the High Court of Australia. Tim has practiced in criminal law since 2001: first as a solicitor at the Office of Public Prosecutions and then as a barrister from 2003. He has a passion for advocacy on behalf of mentally ill and intellectually disabled clients and has extensive experience in the area of mental impairment and unfitness. Tim joined Victoria Legal Aid as a Senior Public Defender in 2011. He is a member of the Victorian Law Reform Steering Committee for the VLRC reference into mental impairment, and is a past legal member of the Mental Health Review Board. In August 2013 he was appointed as Chief Counsel for Victoria Legal Aid.