Acting in Sexual Offences Cases with Trial in Mind
Sexual offences matters are increasing substantially. Take time to examine the legal issues from a trial-focused angle with insights from a respected Judge and leading barristers. Consider preparation and defence of these matters, including affirmative consent, pre-trial issues, evidence considerations, and sentencing. Discover how to handle trauma for both defence and prosecution, gaining a balanced perspective. Enhance your skills in this challenging area. WEB246N15
Description
Attend and earn 4 CPD units including:
3 units Substantive Law
1 unit Professional Skills
This program is based on NSW legislation
Chair: Sam Macedone, Principal, Macedone Legal; Doyles Guide 2023, Recommended Criminal Defence Lawyers
9.00am to 9.30am A VIEW FROM THE BENCH: Navigating Challenges and Outcomes in Sexual Assault Cases: Judicial Perspectives
Presented by His Honour Judge Grant Brady SC
9.30am to 10.20am What Recent Decisions on Affirmative Consent Tell Us About the Best Way to Prepare Your Client’s Defence
- Judicial directions in cases involving affirmative consent: an overview
- Is there a presumption against consent?
- What circumstances vitiate ‘apparent’ consent?
- What is ongoing consent?
Presented by Arjun Chhabra, Barrister, Maurice Byers Chambers
Professional Skills
10.20am to 11.20am Preparing a Sexual Assault Matter for Trial
- Identifying pre-trial issues and considerations
- Commonly arising evidentiary issues
- Separate trials
- Judge alone applications
- Effective cross examination
- Expert evidence preparation
- Dealing with juries
Presented by Philip Strickland SC, Barrister, Forbes Chambers; Doyles Guide 2024, Doyles Guide 2023, Preeminent Criminal Defence Lawyers
11.20am to 11.35am Morning Break
11.35am to 12.25pm Sexual Touching Offences: How to Prepare and Defend these Matters
- Particularisation of offences
- The importance of ERISP interviews, if available
- How to build a defence, in particular the defence of sexomnia
- The intersection between sexomnia and mental health impairment provisions
- Sentencing: recent case law in NSW and across Australia
Presented by Carolina Soto, Barrister, Black Chambers
12.25pm to 1.15pm Managing Defence and Prosecution Trauma: A Balanced Perspective
- DPP perspective
- Content that doesn't make it to trials
- Managing physical exhibits, police, witnesses, and victims
- Defence solicitor perspective
- Balancing the needs of your client, their family, and challenging evidence
- Showcasing difficulties in handling client-related issues
- Handling trauma
- Dealing with disturbing situations
- Combating the "suffer in silence syndrome"
- Proactive mental fitness
- Navigating workplace expectations and maintaining personal boundaries
Presented by Hayley Dean, Solicitor Advocate, Legal Aid, Accredited Specialist Criminal Law