The 5 Cases Podcast - Episode 15 part 1

Legal Aid NSW Criminal Law Division

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Uncuffed

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S4, E1 - Day One 7:38

4 weeks前7:38

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7:38

Last summer, something monumental happened. One of Uncuffed's founding producers, Greg Eskridge, came home after more than 30 years in prison. In this episode we’ll bring you back to that emotional day last summer when he walked out of the San Quentin gates, free at last. Our work in prisons is supported by the California Arts Council, the California Department of Corrections and Rehabilitation, independent foundations, and donations from listeners like you. Learn more, sign up for Uncuffed news, and support the program at www.weareuncuffed.org Follow us @WeAreUncuffed on Instagram and Facebook Transcripts are available within a week of the episode coming out at www.kalw.org/podcast/uncuffed…

約 1 年前 19:44

MP3•エピソードのホーム

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests.

Each episode will summarise 5 cases relevant to criminal lawyers in NSW.

In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases:

56 つのエピソード

#Government #Legal Aid

Legal Aid NSW Criminal Law Division

The 5 Cases Podcast - Episode 15 part 1

Legal Aid NSW Criminal Law Division

21 subscribers

published 約 1 年前

MP3•エピソードのホーム

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests.

Each episode will summarise 5 cases relevant to criminal lawyers in NSW.

In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases:

56 つのエピソード

#Government #Legal Aid

すべてのエピソード

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 16 20:34

約 23 日前20:34

20:34

Sophie and Caitlin discuss coercive control, extending AVOs in order to revoke them, the Liberato direction and the assessment of objective seriousness on sentence in the following cases: Pickford & Pickford [2024] FedCFamC1A 249 Elahmad v R [2024] NSWCCA 250 Commissioner of NSW Police v Murphy [2024] NSWCA 311 Evans v R; Evans v R [2024] NSWCCA 245 JL v R [2024] NSWCCA 246…

Legal Aid NSW Criminal Law Division

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The 5 Cases podcast - Episode 15 part 2 24:31

6 weeks前24:31

24:31

In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases: DPP v Smith [2024] HCA 32 BQ v R [2024] HCA 29 R v Fisher [2024] NSWCCA 191 Barker v R [2024] NSWCCA 227 KL [2024] NSWSC 1334

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 15 part 1 19:44

6 weeks前19:44

19:44

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases: R v TW [2024] NSWSC 1504 R v BH [2024] NSWSC 1577 Chiha v R [2024] NSWCCA 222 R v Jones [2024] NSWCCA 236 Vamadevan v The King [2024] NSWCCA 223…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 14 18:23

10 weeks前18:23

18:23

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Paul and Caitlin collaborate to discuss the following cases: Omigie v R [2024] NSWCCA 205 Bhatt v R [2024] NSWCCA 214 Knight v R [2024] NSWCCA 211 WP v R [2024] NSWCCA 77 BAP v R [2024] NSWCCA 206 During the discussion on WP v R , Paul refers to three resources to confirm the changes to maximum penalties for sexual offences. Those three resources are: Legislative Changes to Sexual Offences | The Public Defenders Home Lawcodes The Point in Time versions of legislation on the Home - NSW legislation website If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 13 17:51

12 weeks前17:51

17:51

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Caitlin and Sophie have met on Gadigal land to record and discuss the following cases: Lee v R (Cth) [2024] NSWCCA 202 R v Youseff (No 3) [2024] NSWSC 1261 RE v R [2024] NSWCCA 180 Barwick v R [2023] NSWCCA 139 when discussing this case, Caitlin also refers to the following two cases: De Silva v The Queen (2019) 268 CLR 57; [2019] HCA 48 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 McGregor v R [2024] NSWCCA 200 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 12 20:56

23 weeks前20:56

20:56

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin team up on Bundjalung Country to discuss the following cases: Heywood v Local Court of New South Wales [2024] NSWSC 1047 Behi v R [2024] NSWCCA 89 Keen v R [2024] NSWCCA 157 R v Martin [2024] NSWSC 968 Rabieh v R [2024] NSWCCA 154 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 11 15:30

27 weeks前15:30

15:30

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie is working solo and discusses the following cases: Cook (a pseudonym) v The King [2024] HCA 26 Obian v The King [2024] HCA 18 BQ v The King [2024] HCA 29 Steven Moore (a pseudonym) v The King [2024] HCA 30 [redacted] If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 10 19:17

33 weeks前19:17

19:17

A podcast series by Paul Coady, Sophie Anderson and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin highlight the following cases: Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 Commissioner of NSW Police v Murphy [2024] NSWSC 617 / Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (we are counting this as one case, okay?) Baydoun v R [2024] NSWCCA 65 [redacted] R v Kellson [2024] NSWDC 137 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 9 19:38

35 weeks前19:38

19:38

A podcast series by Paul Coady, Sophie Anderson and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Paul highlight the following cases: R v Early (No 4) [2023] NSWSC 505 Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363 The King v Anna Rowan – A Pseudonym [2024] HCA 9 R v Bredal [2024] NSWCCA 75 McMillan v R [2024] NSWCCA 83 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

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Coercive control - Episode 5 36:14

37 weeks前36:14

36:14

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening. A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In our final episode, Hayley speaks with Jane Corcoran and Rachael Dobson about family and crime cross-practice issue. In this episode Hayley refers to the Family Advocacy and Support Services (FASS). Clients can be referred for legal advice by calling 1800 551 589. Social support workers for men can be reached on 1300 003 277 and social support workers for women can be reached on 1800 113 277.…

Legal Aid NSW Criminal Law Division

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Coercive control - Episode 4 (Part 2) 24:09

37 weeks前24:09

24:09

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening. A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In this episode Hayley speaks with Madeleine Avenell SC, Rodney Vlais and Dr Andrew Ellis about working with offenders. This episode also includes reference to a case where a special verdict was reached. The case referred to is the decision of R v Huynh [2023] NSWSC 920. The full judgment can be read here.…

Legal Aid NSW Criminal Law Division

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Coercive control - Episode 4 (Part 1) 24:54

37 weeks前24:54

24:54

Legal Aid NSW Criminal Law Division

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Coercive control - Episode 3 19:35

39 weeks前19:35

19:35

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening. A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In this episode Hayley speaks again to Madeleine Avenell SC about running a defence to the new offence. For further information related to coercive control and this podcast, please visit the coercive control page on the Legal Aid NSW website .…

Legal Aid NSW Criminal Law Division

1
Coercive control - Episode 2 16:28

40 weeks前16:28

16:28

Legal Aid NSW Criminal Law Division

1
Coercive control - Episode 1 (Part 2) 19:37

40 weeks前19:37

19:37

Legal Aid NSW Criminal Law Division

1
Coercive control - Episode 1 (Part 1) 29:59

40 weeks前29:59

29:59

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 8 22:43

42 weeks前22:43

22:43

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Caitlin & Paul discuss the following cases: Bugmy v DPP [2024] NSWCA 70 R v RB [2024] NSWSC 471 El Seidi v R [2021] NSWCCA 303 Lang v The Queen [2023] HCA 29 Hatahet v R [2023] NSWCCA 305 Paul also makes reference to a Circular from the Australian Psychological Society (APS) on the question of whether psychologists are qualified to diagnose psychological disorders. You can find that article here . If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

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The 5 Cases Podcast - Episode 7 19:01

48 weeks前19:01

19:01

Legal Aid NSW Criminal Law Division

1
The Child Sexual Offence Evidence Program - with Leanne Mellor, Nguyen Ngo and Helen Shaw 51:31

49 weeks前51:31

51:31

This episode of the podcast discusses the state-wide expansion of the Child Sexual Offence Evidence Program (CSOEP). This follows the extended pilot program at Sydney and Newcastle District Courts and is established by the Criminal Procedure Amendment (Child Sexual Offence Evidence) Act 2023 (NSW). This podcast features three of Legal Aid's more experienced practitioners with the CSOEP pilot: Helen Shaw, Senior Solicitor, Indictable Team 2 Leanne Mellor, Senior Solicitor, Newcastle Crime Team Nguyen Ngo, Solicitor IV, High Risk Offenders Unit This podcast serves as a follow up to Helen Shaw's podcast from 2020 discussing the pilot program, which you can find here . Also referred to in the podcast is the UK Advocate's Gateway website, which is available here .…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 6 23:03

50 weeks前23:03

23:03

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin highlight the following cases: R v Narouz [2024] NSWCCA 14 Wells v R [2024] NSWCCA 8 Hickey v Director of Public Prosecutions (NSW) [2024] NSWSC 191 AM v R [2024] NSWCCA 26 Baines v Rex [2023] NSWCCA 302 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 5 22:49

1 year前22:49

22:49

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin highlight the following cases: Elwood v Director of Public Prosecutions [2023] NSWSC 772 Tuxford v Director of Public Prosecutions [2023] NSWSC 1300 R v DK [2023] NSWCCA 281 McNamara v The King [2023] HCA 36 R (NSW Police) v Mainfreight Pty Ltd [2023] NSWDC 459 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 Cases Podcast - Episode 4 16:36

1 year前16:36

16:36

A podcast series by Paul Coady, Caitlin Akthar and Sophie Anderson with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Caitlin and Paul highlight the following cases: ZXT (a pseudonym) v R [2023] NSWCCA 222 TM v R [2023] NSWCCA 185 Waldron v R [2023] NSWCCA 128 Ngo v R [2023] NSWCCA 201 Darlington v Director of Public Prosecutions (NSW) [2023] NSWSC 1139 If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 case Podcast Episode 3 37:43

1 year前37:43

37:43

A podcast series by Paul Coady, Caitlin Akthar and Sophie Anderson, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode Paul and Sophie highlight the following cases: BDO v The Queen [2023] HCA 16 AB v R [2023] NSWCCA 165 XU v R [2023] NSWCCA 93 Al-Salmani v King [2023] NSWCCA 83 Commissioner of Police, NSW Police Force v Alahmad [2023] NSWSC 762 host can be contacted on: 5casespodcast@gmail.com…

Legal Aid NSW Criminal Law Division

1
The 5 cases Podcast Episode 2 20:51

2 years前20:51

20:51

A podcast series by Paul Coady, Caitlin Akthar and Sophie Anderson, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode Caitlin and Sophie highlight the following cases: R v Dyson [2023] NSWCCA 132 Ritchie v R [2023] NSWCCA 153 AD v State of NSW [2023] NSWCA 115 McQuillan v R (No 2) [2023] NSWSC 443 Commissioner of Police v Walker [2023] NSWSC 539 The hosts can be contacted on: 5casespodcast@gmail.com .…

Legal Aid NSW Criminal Law Division

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Yarning with an inmate: a perspective from inside 1:03:13

2 years前1:03:13

1:03:13

Disclaimer: the views in this podcast may not reflect the views of Legal Aid NSW. This podcast contains reference to drug use, violence and trauma, listener discretion is advised. Cody Baxter sits down with Brad, a Dharug and Kamilaroi man, father and former inmate. Brad shares his experience of being a young Aboriginal man in custody, advice for lawyers when working with clients in custody and his perspective of the legal system.…

Legal Aid NSW Criminal Law Division

1
The 5 cases Podcast: Episode 1 15:01

2 years前15:01

15:01

A podcast by Paul Coady, Caitlin Akthar and Sophie Anderson, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode Paul and Caitlin highlight the following cases: BA v King [2023] HCA 14 PJ v R [2023] NSWCCA 105 Zheng v R [2023] NSWCCA 64 Lawrence v R [2023] NSWCCA 110 DPP v Rotumah [2022] VCC 1532…

Legal Aid NSW Criminal Law Division

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"A practical guide to sentences in the Local Court" 30:20

4 years前30:20

30:20

“A practical guide to sentences in the Local Court” - a podcast which does exactly what the title says! This excellent informative conversation style podcast is between Robyn and Anna which unpacks what to do to prepare for a plea in mitigation in the Local Court. NOTE: There are several complimentary materials which it is highly recommended that you read before or whilst listening to this podcast. Here is the link Robyn and Anna have combined extensive experience in practising in solely in criminal law and are during this podcast they provide an insightful and excellent guide to what to do, say and prepare on behalf of your client. Robyn Fraser began her legal career with Legal Aid NSW in 2003, and since then has worked in various areas of criminal law practice including Inner City Local Courts, the Indictable Appeals Unit, Parramatta Drug Court, Northern Australian Aboriginal Justice Agency (NAAJA), the Crown Solicitor’s Office (Inquiries team), and the Criminal Indictable Unit at Sydney Central. Robyn is currently the Solicitor in Charge of the Newcastle Regional Office and is an Accredited Specialist in criminal law. Anna Pankhurst started her career as a Tipstaff to a Supreme Court Judge in 2010, then worked at Crown Solicitors Office in the Inquiries and Torts sections. Anna then worked for the Sydney ODPP, before working at the Redfern ALS office where she managed the SCB practice and then the (the Bidura now Sydney) Children’s court. In 2015 Anna moved to Newcastle and returned to the ODPP. In November 2019 she commenced at Coffs Harbour Legal Aid as the Senior Solicitor Crime Practice Manager.…

Legal Aid NSW Criminal Law Division

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CHILD SEXUAL ASSAULT PILOT MATTERS: Practice, protocols, procedures and points of difference to other trial matters 37:34

4 years前37:34

37:34

This Podcast is all about CHILD SEXUAL ASSAULT PILOT MATTERS: Practice, protocols, procedures and points of difference to other trial matters. This podcast covers all the practical information you need about these matters. Helen Shaw is a senior solicitor in Team 2 of the Criminal Indictable Section in head office at Legal Aid. Helen was admitted as a solicitor in 1998 and has practised predominantly in the area of criminal indictable matters in both private practice and at Legal Aid. Helen has instructed counsel in numerous “pilot” trial matters since their introduction at Sydney and Newcastle District Courts. Outside of law, Helen loves dabbling in foreign languages, travel (but Covid-19 has temporarily halted that passion), modern history, literature, food, sport, and genealogy.…

Legal Aid NSW Criminal Law Division

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Child Protection Register and CPPO's Post LECC review 40:51

4 years前40:51

40:51

In this podcast, solicitors Tim Khoo and Diane Elston discuss the Child Protection Register, Child Protection Prohibition Orders and some of the findings of the LECC review, ‘Operation Tusket’ into the NSW Child Protection Register (CPR). Apart from a general overview of the legislative framework they discuss: Why it is important for all practitioners to have a baseline knowledge of the CPR How a person becomes a registrable person, and circumstances where practitioners can seek to avoid the registration of their clients, including the relatively new judicial discretion for children Understanding the definition of a ‘single incident’ how it relates to registration and reporting periods That ‘Operation Tusket’ revealed many errors made by the NSW Police in administering the CPR. The findings highlighted the need for practitioners to double check that their client has been registered appropriately and had their reporting period calculated accurately. They also discuss the practical measures to be taken if errors have been identified. What a Child Protection Prohibition Order is and how it is different from CPR registration Some practical tips for working with clients who are dealing with CPR issues The fact sheet referenced in the podcast is able to be found on Legal Aid NSW Intranet along with Tim’s paper and also Diane's paper. Tim Khoo is a Senior Solicitor at the Children’s Legal Service and is based in Parramatta. He has been working in the children’s criminal jurisdiction for many years and is an accredited Children’s Law Specialist. Diane Elston is a Solicitor in the High Risk Offenders Unit. She is an Accredited Criminal Law Specialist and joined Legal Aid in 2019.…

Legal Aid NSW Criminal Law Division

1
Understanding Mandatory visa cancellations 25:50

5 years前25:50

25:50

Did you know? Understanding mandatory visa cancellations This podcast will give you an understanding of mandatory visa cancellations under the Migration Act and how these powers can impact your clients. Presented by Duy Pham and Stephanie Blaker, migration lawyers in the Government Law team at Legal Aid Sydney. This podcast explains what happens to visa holders post-sentencing, focusing on the mandatory cancellation provisions in s501(3A) of the Migration Act, and what to keep in mind when advising clients at all stages of the criminal proceedings, including when entering a plea and how this could affect the sentencing outcome. Note: This podcast provides a summary of the mandatory visa cancellation powers and is targeted at the area’s that are most relevant to crime lawyers – it is not a comprehensive explanation of the entire visa cancellation framework.…

Legal Aid NSW Criminal Law Division

1
‘Sexual Offences Against Adults and Children: A New Regime’ 36:43

5 years前36:43

36:43

In this podcast, solicitors Caitlin Akthar and Ruth Carty discuss laws relating to sex offences. As well as an overview of common offences, they discuss reforms to the law including: the application of the law of consent to a broader range of offences – s61HE of the Crimes Act ; the introduction of a defence of similar age – section 80AG of the Crimes Act; the discretion to declare a young offender is not to be included on the Child Protection Register (CPR) - 3C of the Child Protection (Offenders Registration) Act ; and the jury warning explaining potential reasons for inconsistency in a complainant’s evidence - 293A of the Criminal Procedure Act The paper by Caitlin and Ruth, ‘Sexual Offences Against Adults and Children: A New Regime’ is available from: https://criminalcpd.net.au/wp-content/uploads/2019/10/Sexual-Offences-Against-Adults-and-Children-A-New-Regime-Caitlin-Akthar-and-Ruth-Cary-October-2019.pdf .’ About the speakers: Caitlin Akthar is the Solicitor in Charge of the Indictable Appeals Unit at Legal Aid NSW. She has experience in the NSW Local, Children’s, District, and Supreme Courts; the Court of Criminal Appeal and the High Court of Australia. She is on the New South Wales Law Society’s Criminal Law Committee, and the New South Wales Law Society’s Children’s Issues Committee. Ruth Carty is a Criminal Law Solicitor and the Summary Court’s Manager at the Coffs Harbour office of Legal Aid NSW. She has been with Legal Aid NSW since 2015 and practices in the NSW Local, Children’s and District Courts.…

Legal Aid NSW Criminal Law Division

1
Did you know? Navigating the new laws allowing for pre-recorded evidence in hearings 26:27

5 years前26:27

26:27

This is the first podcast in our Criminal Law Division series of podcasts titled "Did you know?" which will cover exciting new developments relevant to criminal lawyers. As part of emergency legislation introduced to respond to COVID-19, the NSW parliament introduced new laws allowing for pre-recorded evidence hearings for a range of witnesses. These hearings have significant implications for the way a criminal trial might unfold. This podcast is a conversation between Caitlin Akthar and Jonathon Paff, Indictable Solicitor at the Coffs Harbour Legal Aid office, about what the new laws mean for solicitors. They cover: what a pre-recorded evidence hearing would mean for your matter; how to tell whether a pre-recorded evidence hearing might be ordered in your matter; and what you can do if a pre-recorded evidence hearing is suggested. During the podcast, reference is made to a paper by Caitlin Akthar on this topic which is available here: https://www.publicdefenders.nsw.gov.au/Documents/covid-19-pre-recorded-evidence-hearings-15-4-20.pdf . About the speakers: Caitlin Akthar is the Solicitor in Charge of the Indictable Appeals Unit at Legal Aid NSW. She has experience in the NSW Local, Children’s, District, and Supreme Courts; the Court of Criminal Appeal and the High Court of Australia. She is on the New South Wales Law Society’s Criminal Law Committee, and the New South Wales Law Society’s Children’s Issues Committee. Jonathon Paff is an EAGP solicitor at the Coffs Harbour office of Legal Aid NSW. He has experience at Legal Aid and in private practice, in summary and indictable matters along the Mid-North and North Coasts of NSW.’ We are sure you will find this excellent podcast conversation both interesting and relevant to your practice of criminal law.…

Legal Aid NSW Criminal Law Division

1
What do neuropsychologists do and when should we engage them to prepare reports for criminal matters - Part 2 51:22

5 years前51:22

51:22

This podcast is part two of a two-part podcast series which covers a discussion about what psychologists and specifically what neuropsychologists do and their specialisation. It is a conversation between Will Tuckey, barrister and Dr Peter Ashkar, forensic psychologist and a clinical neuropsychologist, about when to engage psychologists, neuropsychologists and psychiatrists and the differences between them and whether they consider the same disorders in the context of criminal behaviour. Peter and Will discuss and answer questions around what neuropsychologists do and what are the major issues they deal with and why we would need an assessment for our clients? Various conditions clients could be diagnosed with and how they are assessed are considered, including brain injuries, dementia, memory loss, post traumatic amnesia, genetic conditions, and various developmental disabilities such as intellectual developmental disorder, foetal alcohol spectrum disorder, and autism in the context of criminal behaviour. This very practical conversation will inform and guide you on how to approach clients who have issues which require neuropsychological assessment. This podcast is Part 2 of 2. We hope you find it informative and useful. Contributors biographies: Dr Peter Ashkar is one of Australia’s leading forensic psychologists and one of the few who is also trained as a clinical neuropsychologist. He spends much of his work life assessing criminal offenders who have developmental disorders, brain injuries, and other neurological conditions to understand the impact and relevance of these conditions on their offending behaviours. Will Tuckey is a Barrister practising in Sydney. He has previously worked for the Aboriginal Legal Service in far western NSW, Legal Aid NSW and the Director of Public Prosecutions. He holds a Master of Laws from Sydney University and First Class Honours in Law from Macquarie University along with a useless Bachelor of Arts in Ancient History. Will became an Accredited Criminal Law Specialist in 2013 as a solicitor. Will regularly appears for people with mental health issues in the criminal jurisdiction such as fitness, psychiatric defences and summary diversion. He is also a member of the Legal Aid Mental Health Advocacy Panel.…

Legal Aid NSW Criminal Law Division

1
What do neuropsychologists do and when should we engage them to prepare reports for criminal matters? 56:08

5 years前56:08

56:08

This podcast is part one of a two-part podcast series which covers a discussion about what psychologists and specifically what neuropsychologists do and their specialisation. It is a conversation between Will Tuckey, barrister and Peter Ashkar, forensic psychologist and a clinical neuropsychologist, about when to engage psychologists, neuropsychologists and psychiatrists and the differences between them and whether they consider the same disorders in the context of criminal behaviour. Peter and Will discuss and answer questions around what neuropsychologists do and what are the major issues they deal with and why we would need an assessment for our clients? Various conditions clients could be diagnosed with and how they are assessed are considered, including brain injuries, dementia, memory loss, post traumatic amnesia, genetic conditions, and various developmental disabilities such as intellectual developmental disorder, foetal alcohol spectrum disorder, and autism in the context of criminal behaviour. This very practical conversation will inform and guide you on how to approach clients who have issues which require neuropsychological assessment. This podcast is Part 1 of 2. Part 2 will be released one week after this podcast. We hope you find it informative and useful. Contributors biographies: Dr Peter Ashkar is one of Australia’s leading forensic psychologists and one of the few who is also trained as a clinical neuropsychologist. He spends much of his work life assessing criminal offenders who have developmental disorders, brain injuries, and other neurological conditions to understand the impact and relevance of these conditions on their offending behaviours. Will Tuckey is a Barrister practising in Sydney. He has previously worked for the Aboriginal Legal Service in far western NSW, Legal Aid NSW and the Director of Public Prosecutions. He holds a Master of Laws from Sydney University and First Class Honours in Law from Macquarie University along with a useless Bachelor of Arts in Ancient History. Will became an Accredited Criminal Law Specialist in 2013 as a solicitor. Will regularly appears for people with mental health issues in the criminal jurisdiction such as fitness, psychiatric defences and summary diversion. He is also a member of the Legal Aid Mental Health Advocacy Panel.…

Legal Aid NSW Criminal Law Division

1
Insightful ideas on how to effectively brief Counsel - tips from Sophie Coulson, Solicitor and Peter Pearsall, Public Defender 46:17

5 years前46:17

46:17

Have you wondered how to best sort and arrange a brief of evidence in the most effective way to brief Counsel?….if so THIS PODCAST IS FOR YOU! You will hear an exchange of ideas and tips from Peter Pearsall Public Defender and Sophie Coulson, Legal Aid Indictable Solicitor. They discuss excellent suggestions for how to compose effective memos, to analyse evidence and how to best instruct Counsel in serious criminal matters. NOTE: During the Podcast reference is made to a paper by author Sarah Bayley however the paper is written by Emma Bayley which can be found here . The other article referred to in the Podcast is found here by Felicity Graham and Stephen Lawrence.…

Legal Aid NSW Criminal Law Division

1
Section 32 of the Mental Health (Forensic Provisions) Act 1990 – A Neuropsychologist’s Perspective 42:24

6 years前42:24

42:24

In this episode, Gráinne Marsden, Legal Aid solicitor, and Dr Sally McSwiggan, Consultant Neuropsychologist, discuss Section 32 of the Mental Health (Forensic Provisions) Act 1990 with a particular focus cognitive impairment and intellectual disability. The episode broadly looks at issues including the expert, the client, best practice in briefing experts, how to get your application over the line, and what to do if your client is found ineligible.…

Legal Aid NSW Criminal Law Division

1
Fetal Alcohol Spectrum Disorder & The Law 1:11:36

6 years前1:11:36

1:11:36

This episode is the recording of an in-house seminar given by Professor Elizabeth Elliot AM FAHMS on Fetal Alcohol Spectrum Disorder (FASD) and the Law. Professor Elliott is a Distinguished Professor in Paediatrics and Child Health in Sydney University Medical School; Consultant Paediatrician, Sydney Children’s Hospitals Network (Westmead); a National Health and Medical Council of Australia (NHMRC) Practitioner Fellow; and Fellow of the Academy of Health and Medical Sciences. In this seminar, Professor Elliot provides an update on progress in addressing FASD in Australia and its relevance to the legal profession.…

Legal Aid NSW Criminal Law Division

1
Prosecution Disclosure (and non-disclosure) in Criminal Matters 53:57

6 years前53:57

53:57

In this episode Legal Aid Solicitor Kate Bleasel interviews Felicity Graham, Barrister at Black Chambers, about prosecution disclosure and non-disclosure in criminal matters. The associated papers are also available on this channel.

Legal Aid NSW Criminal Law Division

1
Social Media Evidence; Part 1 1:00:06

6 years前1:00:06

1:00:06

Aaron Tang, Senior Solicitor at Legal Aid NSW and Simon Healy, Barrister at Samuel Griffiths Chambers, present 2 comprehensive episodes on Social Media Evidence. In this Part Aaron and Simon address the following; 1: Police use of social media 2: Defence response 3: Admissibility.

Legal Aid NSW Criminal Law Division

1
Social Media Evidence; Part 2 36:30

6 years前36:30

36:30

Following on from Part 1 in the two series on Social Media Evidence, in this episode Aaron Tang and Simon Healy cover; 4: Identification 5: Defence use of social media.

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 1 15:23

7 years前15:23

15:23

In a 5 part series, the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW will take you through an explanation of the EAGP reforms. In these episodes, the team will refer you to the relevant legislation, operational aspects of the reform and tips for practioners on how to deal with EAGP matters. In this episode the team discusses the following: 1. The case for change; what led to the EAGP Reforms 2. An outline of the EAGP committal process 3. How the reforms apply to criminal matters 4. Antipipated court timeframes for new committal matters.…

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 2 19:41

7 years前19:41

19:41

This is the 2nd episode in a 5 part series by the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW that takes you through an explanation of the EAGP reforms. In this episode the team discusses steps 1 and 2 of the new EAGP committal process: 1. Early Disclosure 2. Charge Certification.…

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 3 21:50

7 years前21:50

21:50

This is the 3rd episode in a 5 part series by the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW that takes you through an explanation of the EAGP reforms. In this episode the team discusses steps 3 and 4 of the new EAGP committal process: 3. Case conferencing 4. Case conferencing certificates.…

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 4 12:09

7 years前12:09

12:09

This is the 4th episode in a 5 part series by the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW that takes you through an explanation of the EAGP reforms. In this episode the team discusses committal procedures including: Witness hearings Fitness issues The process of committal for trial and sentence.…

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 5 18:00

7 years前18:00

18:00

This is the final episode in a 5 part series by the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW that takes you through an explanation of the EAGP reforms. In this episode the team discusses the new statutory sentence discount scheme.

Legal Aid NSW Criminal Law Division

1
Child Sexual Assault Pilot 26:58

7 years前26:58

26:58

This episode is an interview between one of our senior solicitors, Helen Shaw, and Barrister Sharyn Hall. In it they discuss the Child Sexual Assault Pilot - what it is and how it operates in practice.

Legal Aid NSW Criminal Law Division

1
Cross examination; the art of asking simple questions in the right order 1:05:13

7 years前1:05:13

1:05:13

In this episode Troy Anderson, Public Defender, delivers a seminar on 'Cross examination; the art of asking simple questions in the right order'. Troy provides useful and relevant insights and tips for criminal lawyers that will undoubedly assist in cross examining witnesses.

Legal Aid NSW Criminal Law Division

1
Bail 28:31

7 years前28:31

28:31

This episode on the topic of bail is presented by Rose Khalilizadeh, Barrister at Forbes Chambers. Rose provides an overview of bail to assist with preparing an application on behalf of an accused. Rose breaks down the episode into 3 parts; 1. The basics of a bail application. 2. Recent developments in case law relating to bail. 3. Practical tips.…

Legal Aid NSW Criminal Law Division

1
The Art of Advocacy 1:10:49

7 years前1:10:49

1:10:49

Dan Howard SC offers some practical insights into the ‘art of advocacy’ derived from his varied experiences as an advocate and advocacy teacher. Topics discussed include preparation and planning, organising your material, managing your resources and yourself, presenting your case in chief, dealing with expert evidence, and cross-examination. The emphasis of this seminar is on ‘being an advocate’ and the ‘technique’ of advocacy.…

Legal Aid NSW Criminal Law Division

1
Ethics and Professional Responsibility 58:08

7 years前58:08

58:08

Sally McAtee and Aideen McGarrigle from our In-House Counsel Unit look at the particular ethical issues that arise for our lawyers in the context of provding advice, minor assistance, duty and outreach services. This session will assist you to identify ethical issues within the Legal Aid NSW environment, understand where to look for resources and assistance and help you to resolve ethical isues that arise in your practice.…

Legal Aid NSW Criminal Law Division

1
Forensic Evidence 1:11:54

7 years前1:11:54

1:11:54

As Director of Independent Forensic Services, Helen Roebuck is exposed to flaws in DNA evidence regularly. In this presentation Helen discusses the basics of DNA profiling, recent technical and procedural changes relating to the handling of Forensic Biology and DNA evidence, and gives an insight into what questions you should be asking when DNA evidence is relied upon in your case.…

Legal Aid NSW Criminal Law Division

1
Special Hearings in the District and Supreme Courts 32:48

7 years前32:48

32:48

Presented by Helen Shaw, Senior Solicitor in the Indictable Section at Central Sydney Office of Legal Aid, this episode discusses Special Hearings in the District and Supreme Courts and follows Helen's previous episode on Fitness Issues & Fitness Hearings in the District & Supreme Courts.

Legal Aid NSW Criminal Law Division

1
How the recent decision of Parente v R [2017] NSWCCA 284 affects sentencing in drug supply cases 15:06

7 years前15:06

15:06

This episode, presented by Tom Quilter Public Defender, is about sentencing in drug supply cases and how the law has been affected by a recent 2017 CCA decsion of Parente , in which Tom was Junior Counsel.

Legal Aid NSW Criminal Law Division

1
Early Appropriate Guilty Plea law reform 32:25

7 years前32:25

32:25

Rob Hoyles and Daniel Covington from the 'Early Appropriate Guilty Plea Justice Reform Team' at Legal Aid, discuss the practicalities of the Justice Legislation Amendment (Committals and Guilty Pleas) Bill 2017.

Legal Aid NSW Criminal Law Division

1
Lewis v Sergeant Riley [2017] NSWCA 272; Forensic Procedure Orders Appeals 13:36

7 years前13:36

13:36

Jeremy Styles, Senior Solicitor at the Aboriginal Legal Servce NSW/ACT discusses Lewis v Sergeant Rily [2017] NSWCA 272 where the Court of Appeal (Basten JA, White JA and Fagan JA in separate judgments) found that the District Court had a power to hear a rehearing appeal from a Forensic Procedure Order made by the Local Court.…

Legal Aid NSW Criminal Law Division

1
Fitness issues and fitness hearings in the District and Supreme Courts 48:56

7 years前48:56

48:56

This session is presented by Helen Shaw and focuses on issues that give rise to a question about a client's fitness. We look at the Presser Criteria, the procedures for fitness hearings, and the legislation that governs the procedures.