Criminal Law Symposium
Hear a keynote address from the bench on sexual offences followed by an update on child sexual assault matters. Explore the complexities of evidence in criminal law, including tendency evidence. Gain an understanding of unfitness and mental impairment from an expert in this area. Complete your CPD compulsory units with discussions on mastering the art of criminal trial advocacy, the ethical principles as officers of the court and a workshop covering the use of Chat GPT as a tool for criminal lawyers 2311N23
Description
Attend and earn 6.5 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
0.5 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Hot Topics in the Criminal Law Arena
Chair: Cara Feiner, Barrister, Black Chambers
9.00am to 9.30am A VIEW FROM BENCH: Keynote Address: Sexual Offences
Presented by Her Honour Judge Kate Traill
9.30am to 10.20am Child Sexual Assault Matters
- Procedural and evidentiary issues
- Child sexual offence evidence scheme
- Pre-recorded evidence
- Witness intermediaries
- Cross-examining child witnesses
Presented by Matthew Johnston SC, Forbes Chambers
10.20am to 11.10am Adducing Evidence for the Defence
- The law that applies to defendants seeking to adduce tendency evidence
- Examples in which such evidence might be used to a defendant’s advantage
- How a tendency notice should be framed
- How an application to admit the evidence may be argued
Presented by Caitlin Akthar, Barrister, Forbes Chambers
11.10am to 11.25am Morning Tea
Professional Skills
11.25am to 12.20pm Understanding Unfitness and Mental Impairment
Presented by Carolina Soto, Barrister, Black Chambers
12.20pm to 1.10pm Criminal Law Evidence Roundup
- Searches & warrants - lawfulness, applications to exclude evidence
- DNA evidence
- Expert evidence – including expert evidence in child sexual assault
- Hearsay evidence - DVECs and recordings from body worn footage
Presented by Ken Averre MBE, Barrister, Forbes Chambers
Session 2
CPD Compulsory Units for Criminal Lawyers
Chair: Rebecca Kriesler, Senior Lawyer, Hugo Law Group
Professional Skills
2.00pm to 3.00pm Mastering the Art of Criminal Trial Advocacy
- Comprehension of the prosecution brief.
- Determination of the defence case theory (incorporating instructions)
- Agreed facts /admissions
- Pre-trial determinations (admissibility/judge alone trial/separate trial/tendency etc)
- Cross-examination
- Address (to judge v to jury)
Presented by Andrew Boe, Barrister, Black Chambers
Ethics & Professional Responsibility
3.00pm to 4.00pm Upholding Principles as Officers of the Court
- The over-riding duty to the court and what we have not learnt - the Sofronoff Report and Lawyer X
- Some basic ‘do nots’
Presented by W. Brind (Zich) Zichy-Woinarski KC, Barrister, Aickin Chambers
4.00pm to 4.15pm Afternoon Tea
Practice Management and Business Skills
4.15pm to 4.55pm AI for Criminal Lawyers – Practical Applications and Limitations of Chat GPT
A practical workshop covering the use of Chat GPT as a tool for Criminal Lawyers identifying the benefits but also the limitations and what to watch out for.
- Positive uses of Chat GPT (administrative uses, uses in court, uses in research + document drafting)
- Limitations of Chat GPT in practice
- Traps to look out for when using Chat GPT in criminal law
Presented by Phoebe MacDougall, Solicitor, MacDougall & Hydes Lawyers
Presenters
Cara Feiner
Cara was admitted as a solicitor in 2006 and was called to the bar in 2011. Prior to commencing work as a solicitor she was the Associate to His Honour Judge Zahra SC in the District Court of New South Wales. She has worked as both a solicitor and Crown Prosecutor with the New South Wales Office of the Director of Public Prosecutions. For the last 12 years Cara has practiced primarily as a criminal defence barrister, appearing in a wide range of matters. Her practice is focused on conducting trials and sentences in relation to serious criminal matters.
Matthew Johnston
Matthew specialises in criminal law appearing for both defence and prosecution. Matthew has extensive experience in trials, bail applications and sentencing at all levels of the criminal justice system including the Local Court, Children’s Court, District Court and the Supreme Court. Matthew conducts complex trials including murder, ‘white collar’ fraud, drug importation, computer forensics, sexual assault and serious property offences. Matthew’s appellate practice includes advice and appearance in sentence and conviction appeals and interlocutory (5F) applications before the Court of Criminal Appeal. Matthew has experience before the Coroner’s Court (as Counsel Assisting and on behalf on interested parties), NSW Crime Commission, Australian Crime Commission, ICAC, Police Integrity Commission, the NSW Civil and Administrative Tribunal and the Land and Environment Court. Matthew has extensive experience acting on behalf of defendants under the Crimes (High Risk Offenders) Act before the Supreme Court and Court of Appeal. In addition to his criminal practice Matthew has experience in disciplinary proceedings and professional misconduct matters.
Caitlin Atkthar
Caitlin is a barrister at Forbes Chambers and host of the 5 Cases podcast. Caitlin practices principally in criminal, appellate, administrative and public law, across NSW and interstate. Prior to being called to the bar, Caitlin practiced as a solicitor in the Criminal Law Division of Legal Aid NSW, including as the Solicitor in Charge of the Appeals Unit. As a solicitor, Caitlin was a member of the Criminal Law and Children’s Issues committees of the Law Society of NSW.
Carolina Soto
Carolina Soto has a diverse practice with a focus on criminal law (adults and children), mental health law (Mental Health Review Tribunal and Guardianship division at NCAT) and family law (as it relates to children and/or criminal matters that may effect parenting proceedings). Before being called to the Bar, Carolina was a criminal defence lawyer at Legal Aid for 10 years where she represented clients in Court on a daily basis in Local, Children’s and District Courts. Prior to that, Carolina worked as the Associate to Judge Williams in the NSW District Court and interned at the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland in the capacity building unit. Carolina has worked as a casual academic at various universities including, Western Sydney University and the University of New England and as a guest lecturer at the University of New South Wales. She is an Advocacy instructor at the College of Law and was called to the Bar in Vanuatu in 2023. Born in Santiago, Chile and coming from a culturally and linguistically diverse background, Carolina is committed to mentoring law students across various organisations. She is fluent in Spanish.
Ken Averre MBE
Kenneth Hall Averre MBE is a member of Forbes Chambers and practices predominantly in the area of criminal law. Kenneth appears at all stages of the criminal process including the Local Court, Children's Court, the District Court, the Supreme Court and in appeals to Court of Criminal Appeal NSW. He has appeared in appeals to the Full Court of the Federal Court (extradition) and on a special leave application to the High Court. Kenneth has advised on and appeared in numerous appeals against conviction and/or sentence in the Court of Criminal Appeal (NSW) ranging from murder to sex offences and he is also a member of the Specialist Barrister Panel (Complex Criminal Law) Panel, Legal Aid General Crime Panel and the Children's Crime Panel. Kenneth started his career as a solicitor working in a small largely criminal practice in England before leaving to work as a volunteer in the Solomon Islands in the office of the Public Solicitor. He was appointed as the Public Solicitor of Solomon Islands at the time of the Australian led intervention mission in 2003 before coming to the NSW bar.
Rebecca Kriesler
Rebecca is a Senior Lawyer at Hugo Law Group. Previously she worked at the ODPP, as associate to Weinstein DCJ (as he then was), and at the Attorney Generals Department in Native Title Law. Rebecca wrote her thesis on the way the evidence act governs the use of ‘rape myths’ in sexual assault trials. She now works exclusively in Criminal law, appearing as both advocate and instructing solicitor in a range of complex matters in the Local, District, Supreme and Childrens Court.
Andrew Boe
Andrew Boe is a barrister who has appeared in trial courts in most jurisdictions of Australia and in appeal courts in NSW, Queensland, Western Australia, the Northern Territory and in the High Court. Prior to coming to the Bar in 2009, Andrew operated law practices in Brisbane, since his admission in 1989. Andrew specialises in the criminal jurisdiction however, he has also appeared in administrative law, family law and child protection cases, coronial Inquest. commissions of inquiry and defamation trials.
W. Brind (Zich) Zichy-Woinarski K.C
A significant part of Brind Woinarski's practice is in criminal law, especially in "white collar" crime and associated areas, in all jurisdictions. He has appeared as both defence counsel and prosecutor in all areas of criminal law including committals, trials and appellate jurisdictions. In recent years this has involved consideration of liability under the Corporations Act 2001, including the insider trading provisions, as well as consideration of Australian and overseas bribery legislation and the application of United Nation sanctions. He has been involved in major equal opportunity and anti-discrimination cases and significant occupational health & safety prosecutions and environment protection matters, both prosecuting and defending. Since 2000 he has been briefed in a number of significant tax audits, both for the ATO and taxpayers, and has advised taxpayers with respect to potential criminal liability. He has also appeared and advised in many professional disciplinary matters and with respect to other regulatory bodies. He is an experienced appellate advocate at all levels, including the High Court. He is a former Chairman of the Criminal Bar Association of Victoria and was the Chairman of the Ethics Committee of the Victorian Bar from 1993-1999. He is a regular presenter on ethical issues. He is joint author of Paul's Police Offences (5th Ed), and is a Consultant Editor to "Criminal Law, Investigation and Procedure Victoria". He is a Senior Fellow (Melbourne Masters) at the University of Melbourne, teaching Tax and Crime in 2015.
Phoebe MacDougall
Phoebe is an Associate Solicitor at MacDougall and Hydes Lawyers. She has worked exclusively in the criminal law field for the past 6 years including support positions at the Public Defenders Office and successful boutique criminal firms. Phoebe has a varied practice, having instructed Counsel in the Land and Environment Court, District and Supreme Courts and sporting tribunals. Much of Phoebe’s practice is devoted to representing clients charged with matters in the Local Court ranging from traffic matters and drug possessions to assaults. In 2022 and 2023, she was listed in the Doyles Guide as one of the state’s rising stars in criminal defence law. She has also been recognised for her contribution to the legal community when she received an Australian Law Award at the 2020 Lawyers Weekly Law Awards.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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