Representing Aboriginal Clients in Criminal Law
This program is designed with criminal lawyers in mind, providing strategies and insights to protect your clients during investigations and questioning, particularly addressing challenges faced by Aboriginal individuals who are accused, detained, arrested, and during bail applications and sentencing. You will examine Bugmy v The Queen [2013] HCA 37 and the Bugmy Bar Book, delving into sentencing principles and exploring current trends to keep your eye on. OND249Q05
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation
* This is an interactive recording so that you can claim uncapped annual points from this type of activity
Chair: Linda M. Ryle, Director CALM Australia & WELA - Women in Environmental Leadership Australia, First Nations Mediator, Exec CQ/CPP Coach
2.00pm to 2.15pm OPENING PRESENTATION BY THE CHAIR: Cultural Awareness & Respect for Traditions and Practices: Culturally Appropriate Skills
2.15pm to 3.05pm Aboriginal Clients Detained or Arrested
- Safeguards during investigation and questioning
- Awareness of regulations, including rights to legal representation and support persons during detention or arrest
- Familiarity with the custody notification service
- Knowledge of provisions in the crime
Presented by Nick Hanly, Solicitor, Aboriginal and Torres Strait Islander Legal Service
3.05pm to 4.10pm Bail Applications for Aboriginal Clients
- Ensuring bail conditions are appropriate and understood by the client, avoiding undue hardship
- Inquiring about family or support networks that can assist with bail conditions
- Highlighting special vulnerabilities or needs of aboriginal accused persons during bail applications
- Encouraging continuity of client representation to build trust and avoid distress from repeated storytelling
Presented by Kerala Drew, Barrister-At-Law, Holmes Chambers
4.10pm to 4.25pm Break
4.25pm to 5.15pm Sentencing Aboriginal Clients
- Bugmy v The Queen [2013] HCA 37
- The Bugmy Bar Book
- Sentencing principles
- Sentencing trends and approaches
Presented by Danae Younger, Barrister-At-Law, Nationally Accredited Mediator, Sessional Member QCAT
Presenters
Linda M. Ryle
Linda is a tenured Birrigubba and Kamilaroi Lawyer, Executive Coach, Academic and Managing Director of CALM Australia (CALM – Cultural Advocacy & Legal Mediation). Linda has been professionally engaged in First Nations Equitable access to Justice, since the 1990s, supporting regional, rural, remote and very remote (RRRR) communities, in addition to contributing in the national and international contexts. Linda is well versed in Governance and is a Culturally Principled Practitioner.
Danae Younger
Danae Younger is a Barrister and Mediator at the private bar in Queensland. She was admitted as a legal practitioner in 2005 and worked in private practice and in government (at the Crime and Corruption/Misconduct Commission and the Office of the Adult Guardian). Danae practices in a range of areas, including criminal and disciplinary/regulatory law, family law and domestic violence, and is an experienced advocate both in prosecution and defence matters. She is a co-author of annotations to Carters’ Criminal Law of Queensland for Lexisnexis, has been on the Criminal Law Committee for the Australian Bar Association since 2018.