Admissibility of Evidence in Criminal Cases
Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.
Description
Featuring an unassailable lineup of current and former judges and QCs, you can’t afford to miss this opportunity to develop an incontestable mastery of evidentiary issues in criminal cases. From experts to admissions to disclosures to tendency and coincidence evidence, this program offers a wealth of practical information that you simply won’t find anywhere else.
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This seminar was recorded in NSW on 21 June 2019
Chair: Karen Espiner, Partner, Younes + Espiner Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2018
9.00am to 10.00am: INSIGHTS FROM THE BENCH: Expert Evidence
- The operation of s 79 of the Evidence Act
- Whether reliability is a consideration
- Relevant High Court and Court of Criminal Appeal decisions including Honeysett [2014] HCA 29 and Chen [2018] NSWCCA 106
- Is there any work for s137 of the Evidence Act when considering the admissibility of expert evidence?
Presented by Her Honour Judge Dina Yehia SC, District Court of NSW
10.00am to 11.00am: Agreement as to Facts, Admitting Matters, Agreeing to Uncontested Facts and the Giving Evidence
- Modes of adducing evidence under the Evidence Act in trials and on pleas
- Utility and value of admitted facts on pleas
- Role of the trial advocate on trials and pleas under the Evidence Act and also generally
Presented by Craig Everson, Deputy Senior Crown Prosecutor, Crown Prosecutors’ Chambers New South Wales
11.00am to 11.15am Morning Tea
Ethics & Professional Responsibility
11.15am to 12.15pm: Disclosure and Privilege: Criminal Proceedings in NSW
- Legal, professional and ethical disclosure requirements in New South Wales: police, prosecution and defence
- Privilege and its scope within criminal proceedings: the role of the Crown Solicitors Office
- Significance of disclosure and privilege: lessons never learned and recent cases
Presented by Kenneth Hall Averre MBE, Barrister, Forbes Chambers
12.15pm to 1.15pm: Using Tendency and Coincidence Evidence in the Proof of Guilt
- The law, post High Court decisions of Bauer, McPhillamy and Johnston
- Reaching the Section 97, 98 thresholds
- Section 101: a more decisive declaration
Presented by Christopher Maxwell QC, Senior Crown Prosecutor, Crown Prosecutors’ Chambers New South Wales
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia