Criminal Law Symposium 2024
There has been a great deal of legislative change in Queensland in criminal law and we bring it all to you. Consider the most significant cases and legislative change across domestic violence, coercive control, consent, mental health defences, and sentencing over the past year. Gain practical tips and strategies for trial advocacy, dealing with jury challenges, refining trial techniques, and managing contested orders and breaches. Plus lock down your core area CPD points. 243Q22
Description
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on QLD legislation
Session 1
Criminal Law Legislative Reforms
Chair: Emily O’Hagan, Partner, Wallace O’Hagan Lawyers; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide, 2023
9.00am to 9.15am OPENING PRESENTATION BY THE CHAIR: WHAT DO I DO WHEN…?
A critical scenario analysis of common issues faced in the practice of criminal law and how to tackle them.
Presented by Emily O’Hagan, Partner, Wallace O’Hagan Lawyers; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide, 2023
LEGSLATIVE REFORM: COERCIVE CONTROL AND CONSENT
9.15am to 10.00am Criminalising the Kitchen Table Conversation? Recent Changes to the Law Surrounding Domestic Violence
- The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023, its proposed changes to the criminal law involving domestic violence and the creation of the offence of Coercive Control
- Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 and changes to considerations of domestic violence in sentencing
Presented by Kristy Bell, Director, Bell Criminal Lawyers; Accredited Specialist in Criminal Law; Leading Criminal Defence Lawyer, Doyle’s Guide 2023 Leading Traffic Lawyer, Doyle’s Guide 2023
10.00am to 10.45am The Law of Consent in Queensland
- Legislative updates
- Review of appeal authorities
- Practical effect of these changes at trial regarding mistaken belief
- R v Makart (2019) 2 Qd R 528
- s348A of Criminal Code, inserted by Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021
- Practical ways to ensure a mistaken belief as to consent is left for the jury
Presented by Christopher Lumme, Principal Lawyer, Lumme Rynderman Legal; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide, 2023
10.45am to 11.00am Morning Tea
HOW TO DO IT: MENTAL HEALTH DEFENCES, STRATEGIES TO CONTEST ORDERS, AND SENTENCING
11.00am to 11.45am Fitness and Soundness Defences for Summary Matters and Section 172 Mental Health Act Applications in the Magistrates Court
Join a senior criminal law practitioner, Brittany White, to learn more about advocacy in summary matters in the Magistrates Court where a defendant may have fitness for trial or soundness of mind defences to criminal charges against them. The session can be utilised it to achieve outcomes for our clients who have mental health defences to criminal charges.
Presented by Brittany White, Principal, Fuller and White
11.45am to 12.30pm Contesting an Order or Breach
A practical approach of how a practitioner may prepare to represent a respondent in a DVO application or an accused in breach proceeding.
Topics will include:
- Reviewing the brief
- Dealing with clients
- Issuing subpoenas
- Undertakings
- Trial preparations
- Advocacy strategies
Presented by Adam Mason, Barrister-at-Law, Briggs Lane, Brisbane and Blair Chambers Ipswich
12.30pm to 1.15pm Sentencing: A Review of Recent Cases
- The upwards trend of penalties for domestic violence offending
- Mitigation through evidence of rehabilitation
- Other decisions of importance
- Mastering sentencing advocacy
Presented by Patrick Wilson, Barrister, Inns of Court
Session 2
Ethics, Professional Skills & Practice Management for Criminal Lawyers
Chair: Simon Lewis, Barrister, Sunshine Coast Chambers; Leading Criminal Law Junior Counsel, Doyle’s Guide 2022
Practice Management & Business Skills
2.00pm to 3.00pm Representing Clients in Criminal Cases with Parallel Professional Misconduct Investigations: Why is This a Risk for Your Firm?
- Navigating dual legal challenges: a risk to your practice
- Ethical dilemmas and compliance
- Managing the interplay between criminal defense and professional conduct investigations
- Strategies for effective representation
- Case examples and practical tips for building strong defense strategies while addressing professional conduct inquiries and practice risks
Presented by Calvin Gnech, Legal Practice Director, Gnech and Associates
Professional Skills
3.00pm to 4.00pm How in This Modern Media Age, as a Criminal Lawyer, Do You...
- Prepare a sexual assault matter for trial
- Deal with juries and confronting those challenges
- Navigate trial technique and conduct
- Manage defence and prosecution trauma informed considerations
Presented by Kylie Hillard, Barrister, Griffith Chambers
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm Managing Client Relationships in Criminal Law
Together with Cameron Brown you will explore building strong foundations to your interactions with clients and view these relationships from a fresh perspective that is consistent with your ethical duties.
Presented by Cameron Browne, Director, Potts Lawyers, Recommended Leading Criminal Defence Lawyer, Doyle’s Guide 2023
Presenters
Emily O'Hagan
Emily O'Hagan graduated with Honours in a Bachelor of Laws and a Bachelor of Psychology, from Griffith University, completing elective study in Criminal Law and Forensic Mental Health at Utrecht University in the Netherlands. Following her admission Emily commenced working at Russo Lawyers and specialised in the practice of criminal defence. Emily was recognised as a Senior Associate at Russo Lawyers in 2014 and became a founding partner of Wallace O'Hagan Lawyers in 2015. Emily appears in all criminal law jurisdictions. Emily has extensive trial experience in the full range of traffic and criminal offence, and has represented clients at every level of the criminal justice system, from pleas of guilty before the Magistrates Court to Supreme Court Appeals.
Kristy Bell
Kristy Bell is director at Bell Criminal Lawyers. Kristy is one of a handful of Accredited Criminal Law Specialists in Queensland. She is a member of the Queensland Law Society’s Criminal Law and Specialist Accreditation Committees and has been recognised as one of Queensland’s recommended leading Criminal Defence Lawyers in Doyle’s Guide. Kristy works on all kinds of criminal and quasi-criminal matters including investigative hearings, commissions, coronial inquests, parole applications and criminal confiscations matters.
Christopher Lumme
Chris is a criminal defence lawyer on the Sunshine Coast and one of the founding Principal Lawyers of Lumme Rynderman Legal. He has practised primarily in the criminal law sphere since his admission as a legal practitioner in 2014. During this time he has worked on complex cases from appeals, defending murder prosecutions, high level drug trafficking operations to privately run prosecutions on behalf of the RSPCA (Qld). As a specialist defence solicitor, Chris brings to the firm a wealth of legal knowledge and an eagerness to fight for his client. He takes a special interest in appeals and mental health issues. Chris Lumme, has also been included on the list of individual criminal solicitors (only one of two based on the Sunshine Coast) as one 2022's best criminal lawyers in Queensland. Chris has also taken a keen interest in animal law issues - particularly prosecutions for animal cruelty offences and Regulated Dog notices (whether dangerous dog or menacing dog) issued by Local Councils. All animals should be treated with compassion and Chris has built a reputation for pushing back against restrictive Local Council decisions that seek to infringe upon an animal owners rights. He understands that your pet is an equal member of your family.
Brittany White
Brittany is the Legal Practitioner Director of Fuller & White Solicitors, a multi-office firm of solicitors based in Brisbane City and Cleveland practising in the areas of criminal law, traffic law, domestic violence and child protection matters. Brittany has worked as a legal practitioner in criminal law and related areas for fifteen years, firstly undertaking criminal prosecutions work with the Commonwealth Director of Public Prosecutions and the Queensland State Government before moving to private criminal defence in 2012. She co-founded Fuller & White Solicitors in August 2016. Brittany is a member of the Queensland Law Society Criminal Law Committee and the Legal Aid Industry Reference Group. She also co-chairs the LGBTQIA+ criminal justice working group and the is a member of the Mental Health Advocacy Working Group through the Queensland Law Society.
Adam Mason
Adam Mason is a barrister at Briggs Lane Chambers practicing in the areas of criminal law, regulatory prosecutions, tribunals and inquiries. Prior to going to the bar, Adam spent 6 and a half years as a Legal Officer in the full-time Australian Army. This included being a prosecutor at the Directorate of Military Prosecutions, conducting administrative inquiries and serving on operations in the Middle East. Adam also previously worked as a prosecutor for the Department of Transport and Main Roads.
Patrick Wilson
Patrick Wilson is an experienced criminal barrister based in Brisbane. Patrick routinely conducts trials, sentences and appeals in the Supreme, District and Magistrates courts throughout Queensland, He is a member of the Legal Aid Queensland panel of barristers. He has a broad criminal practice consisting of defending and prosecuting all manner of charges ranging from serious indictable offences in the superior courts to regulatory prosecutions in the summary jurisdiction. Prior to being called to the Bar, Patrick was a solicitor with substantial experience in litigation dealing with commercial, building and construction, and negligence matters.
Simon Lewis
Simon was admitted as a Solicitor in 1991 and called to the Bar in 1994.Since that time I have developed a solely Criminal Practice appearing in all Queensland jurisdictions. I have regularly prosecuted for both the State and Commonwealth and I am briefed in complex criminal matters particularly homicides and drug matters by both Legal Aid Queensland’s serious crime teams and private practitioners.
Calvin Gnech
Calvin is the Legal Practice Director of Gnech & Associates. He gained his early legal experience in the criminal justice system serving the community as a sworn Queensland police officer and police prosecutor before moving to private practice. Calvin has extensive experience in the area of criminal law and is regularly recognised as one of Queensland’s recommended leading Criminal Defence Lawyers in Doyle’s Guide. He is highly experienced in dealing with the internal disciplinary investigations across many professions including lawyers, the medical profession, corrective service officers, teachers and police officers. Calvin regularly represents clients in Crime and Corruption Commission investigations, Royal Commissions and Inquiries most recently appearing in the Inquiry into the Criminal Justice System in the Australian Capital Territory (R v Lehrmann). Calvin has in the past been an appointed committee member on the QLS Industrial Law Committee. Calvin currently sits on the QLS Ethics Committee and is the Chairperson of the QLS's Occupational Disciplinary Law Committee.
Kylie Hillard
Kylie has been working in the legal profession since 2002 and has been a barrister since 2009. She works in a variety of areas including criminal law, defence and prosecution, and has a strong interest in human rights and domestic violence advocacy. She has recently been involved in the Commission of Inquiry into Police Responses to Domestic and Family Violence where she represented Women's Legal Service Queensland, and she has also recently appeared for Sue and Lloyd Clarke at the inquest into the death of their daughter Hannah Clarke and her three children. Kylie is currently a member of the Equal Opportunity Subcommittee of the Bar Association of Queensland and the Australian Bar Association.
Cameron Browne
Cameron has practiced exclusively in criminal law since he was admitted in 2001. He is a director at Potts Lawyers, having commenced his articles of clerkship at the predecessor of the firm in 1999. He has appeared as an advocate in multiple jurisdictions and is passionate about educating graduates and junior practitioners. His practice has included undertaking cross-examination at committals for sexual offences, along with instructing counsel at numerous trials for offences of this type. An accredited specialist in Criminal Law, Cameron is a former president of the Gold Coast District Law Association and relocated to the firm’s Brisbane office in 2019.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00