Criminal Law: Hot Topics
There is never a dull moment in criminal law practice. Benefit from critical insights into crucial areas of criminal law including developments relating to joint principals and examination in criminal trials, analyse case law regarding preventative detention and take a deep dive into domestic violence restraining orders. This dynamic lineup of topics and speakers will broaden your knowledge and give you the edge. This is the ultimate guide for all criminal lawyers. 233W05
Description
Attend and earn 4 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Natasha Stewart, Barrister, Francis Burt Chambers
9.00am to 10.00am Developments in the Law relating to Joint Principals
In 2022 the High Court handed down a decision in the case of O’Dea v the State of Western Australia [2022] HCA 24
The session will explore:
- What does “actually does the act” mean in the context of an offence involving multiple accused?
- How does O’Dea change the position on liability as a principal offender in joint liability cases?
- Does the case impact on the use of section 8 as a basis for criminal liability?
Presented by Kathryn Heslop, Barrister, Francis Burt Chambers; Preeminent Junior Counsel, Doyle’s Guide 2022
10.00am to 11.00am Examination, Cross Examination and Re-Examination in Criminal Trials
- How to conduct examination in chief, cross examine and re-examination
- Common mistakes, when to object, forensic strategy and the differences of opinion that surround re-examination
Presented by Rebekah Sleeth, Barrister, Albert Wolff Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Preventative Detention: The New Normal?
- The High Risk Serious Offenders Act 2020 (WA) and Garlett v Western Australia [2022] HCA 30
- Implications for future preventative detention regimes
- Impact on applications for detention orders
Presented by Chris Terren, Barrister and Sam Pack, Barrister, Francis Burt Chambers
12.15pm to 1.15pm Domestic Violence Restraining Orders
- Process and procedure of application, objection, mentions and final order hearings
- Critical early actions for applicant and respondent
- Negotiation strategies at the different stages of proceedings
- Leading evidence at final order hearings
- Costs and the various outcomes
- The relationship with family law proceedings
- Mythbusting the intersection between Family Violence Restraining Orders and Family Law
Presented by David Bodeker, Barrister, Equus Chambers and Katherine Bromfield, Legal Practitioner Director, Bromfield Family Law
Presenters
Natasha Stewart
Natasha Stewart practices primarily in Criminal Law and Advocacy as well as all aspects of Family Law and Violence Restraining Orders. She also regularly prosecutes on behalf of WA police. She is a guest lecturer in Advocacy at the Perth College of Law. Her experience includes:- working for Aboriginal Legal Services in Katherine in the Northern Territory, as a Senior Legal Officer with the Commonwealth Director of Public Prosecutions in Canberra, an employed solicitor in law firms in NSW and the ACT and defence counsel in the Public Defender's office in Honiara in the Solomon Islands - where she represented senior figures from the Guadalcanal Liberation Front in long running murder trials. Natasha is admitted to practice in WA, NSW, NT, ACT, SI and England and Wales. She has several degrees - a BA from Sydney University, a Post Graduate Diploma from the University of Melbourne, an LLB and Graduate Diploma in Legal Practice from ANU and an LLM in the specialisation of International Criminal Law from the University of London. Natasha joined the bar in 2009 and practices from Francis Burt Chambers Natasha is a qualified Mediator and Arbitrary pursuant to Regulation 67B of the Family Law Regulations.
Kathryn Heslop
Kathryn is an experienced criminal defence lawyer, having represented clients in trials, bail applications and sentencing matters across all jurisdictions in Western Australia. She has represented clients in a range of criminal offences, and frequently appears in Perth and in regional areas around Western Australia. Kathryn also regularly represents parties in contested restraining order hearings. In addition, Kathryn has represented parties in the Family Court of Western Australia, and has appeared as counsel in contested trials relating to international relocation, applications under The Hague Convention and other child related proceedings. As well as practicing in Western Australia as a family lawyer, Kathryn has also practiced as a solicitor in London working in child protection. Kathryn has also appeared as counsel assisting the Coroner in a number of inquests. Kathryn is a committee member of the Criminal Lawyers Association and is on the Board of Sussex Street Community Law Service.
Rebekah Sleeth
Rebekah Sleeth commenced her legal career as a commercial litigation solicitor and then as a civil solicitor at the Aboriginal Legal Service of Western Australia. Rebekah joined the Victorian Bar in 2006. Rebekah was a Senior Public Defender for Victoria Legal Aid between 2014 and 2018. Rebekah primarily practised in criminal and family law at the Victorian Bar. Rebekah remained at the Victorian Bar until 2018, before relocating to Perth, where her husband is from. Rebekah was then employed by the ODPP as a State Prosecutor for 2.5 years before joining the Western Australian Bar.
Chris Terren
Chris Terren practices in both commercial and public law. Chris has particular experience with corporate and personal insolvency matters, contractual and commercial disputes, and post-determination native title matters. Chris has appeared as sole counsel in the Supreme Court, District Court, Magistrates Court, Family Court, Warden’s Court and Federal Courts, along with various tribunals. He has also instructed in complex civil trials and appeals including in the High Court of Australia. Before joining the independent bar, Chris worked on a wide range of commercial disputes, insolvency and native title matters at Roe Legal Services where he was a senior associate.
Sam Pack
Sam has a broad practice which includes public law, criminal law, and industrial and employment law. From 2016 to 2022, Sam was employed at the State Solicitor’s Office where he acted as counsel in a wide range of civil and criminal matters at both the trial and appellate level, including complex regulatory prosecutions, criminal appeals, judicial review applications, merits review applications, civil disputes, and coronial inquests. In 2022, he appeared twice as junior counsel in the High Court in constitutional matters. Immediately before joining the Bar, Sam practiced extensively in public sector industrial relations and employment law. He has also previously undertaken a secondment at the Corruption and Crime Commission. Sam holds a Master of Law with First Class Honours from the University of Cambridge and a Bachelor of Laws with First Class Honours from the University of Western Australia, where he has tutored in public law, torts, equity, and trusts.
David Bodeker
Before Law, David was a journalist, completing a cadetship and working at The West Australian for five years as reporter and columnist. As a courts reporter, he became captivated by the jab, parry and uppercut of criminal advocacy and decided to leave journalism and study law. David worked for 14 years at Legal Aid WA exclusively in criminal law. He developed a keen interest in the intersection of mental impairment and criminal culpability, worked in policy/management and senior lawyer positions, and lived and worked for LAWA in the Pilbara and Kimberley regions. He still thrives on regional work and heads north for work or play whenever he can. In 2009 David established his own practice, David Bodeker Barrister & Solicitor, to focus on his first love: persuasive criminal advocacy, as both prosecuting and defence counsel. He has also enjoyed his quickly growing body of violence restraining order work, and working within the complicated and fast-changing area of family violence laws.
Katherine Bromfield
Katherine Bromfield is an experienced family lawyer and Director of Bromfield Family Law. Katherine represents clients in respect of parenting and financial issues arising from separation and the associated proceedings in the Family Court of Western Australia and the Federal Circuit and Family Court of Australia. Katherine has a special interest in family violence, in particular the dynamics of coercive control and systems abuse, and regularly appears in restraining order proceedings in the Magistrates Court of WA. Katherine’s practice also extends to the Protection and Care jurisdiction of the Children’s Court of WA, representing respondent parents and foster parents. Katherine completed her Articled Clerkship and found her feet as a junior lawyer at Legal Aid WA, gaining experience in both criminal law and family law, then worked at a number of different private family law firms before starting her own family law practice in 2020. Family law disputes damage families and Katherine is committed to finding alternative pathways to litigation and practical solutions which allow families to move forward. Katherine is trained in mediation and collaboration and is currently serving as Vice President of Collaborative Professionals WA.
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.