Criminal Law updates, matters of relevance and interest to lawyers who practise in criminal law.
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The 5 Cases Podcast - Episode 12
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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 …
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The 5 Cases Podcast - Episode 11
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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 Steve…
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The 5 Cases Podcast - Episode 10
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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 [20…
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The 5 Cases Podcast - Episode 9
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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 …
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Coercive control - Episode 5
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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 o…
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Coercive control - Episode 4 (Part 2)
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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 o…
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Coercive control - Episode 4 (Part 1)
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24:54
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 o…
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Coercive control - Episode 3
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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 o…
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Coercive control - Episode 2
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16:28
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 o…
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Coercive control - Episode 1 (Part 2)
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19:37
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 o…
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Coercive control - Episode 1 (Part 1)
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29:59
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 o…
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The 5 Cases Podcast - Episode 8
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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 …
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The 5 Cases Podcast - Episode 7
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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 goes solo to highlight the following cases: Jenkinson v R [2024] NSWCCA 34 R v IP [2023] NSWCCA 314 Lupton v R [2024] NSWCCA 29 Khanat v R (Cth) [2024] NSWCCA…
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The Child Sexual Offence Evidence Program - with Leanne Mellor, Nguyen Ngo and Helen Shaw
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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 ex…
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The 5 Cases Podcast - Episode 6
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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 19…
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The 5 Cases Podcast - Episode 5
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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 130…
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The 5 Cases Podcast - Episode 4
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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 20…
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The 5 case Podcast Episode 3
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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 Commis…
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The 5 cases Podcast Episode 2
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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) [20…
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Yarning with an inmate: a perspective from inside
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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 l…
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The 5 cases Podcast: Episode 1
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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…
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"A practical guide to sentences in the Local Court"
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“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 y…
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CHILD SEXUAL ASSAULT PILOT MATTERS: Practice, protocols, procedures and points of difference to other trial matters
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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 a…
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Child Protection Register and CPPO's Post LECC review
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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 practition…
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Understanding Mandatory visa cancellations
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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…
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‘Sexual Offences Against Adults and Children: A New Regime’
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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 Crim…
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Did you know? Navigating the new laws allowing for pre-recorded evidence in hearings
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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. The…
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What do neuropsychologists do and when should we engage them to prepare reports for criminal matters - Part 2
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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, neuropsych…
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What do neuropsychologists do and when should we engage them to prepare reports for criminal matters?
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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, neuropsycholo…
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Insightful ideas on how to effectively brief Counsel - tips from Sophie Coulson, Solicitor and Peter Pearsall, Public Defender
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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 a…
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Section 32 of the Mental Health (Forensic Provisions) Act 1990 – A Neuropsychologist’s Perspective
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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 …
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Fetal Alcohol Spectrum Disorder & The Law
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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 Natio…
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Prosecution Disclosure (and non-disclosure) in Criminal Matters
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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.Par Legal Aid NSW
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Social Media Evidence; Part 1
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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.Par Legal Aid NSW
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Social Media Evidence; Part 2
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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.Par Legal Aid NSW
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Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 1
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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 t…
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Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 2
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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.…
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Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 3
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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.…
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Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 4
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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.…
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Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 5
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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.Par Legal Aid NSW
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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.Par Legal Aid NSW
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Cross examination; the art of asking simple questions in the right order
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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.Par Legal Aid NSW
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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.…
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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 em…
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Ethics and Professional Responsibility
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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 a…
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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 evi…
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Special Hearings in the District and Supreme Courts
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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.Par Legal Aid NSW
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How the recent decision of Parente v R [2017] NSWCCA 284 affects sentencing in drug supply cases
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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.Par Legal Aid NSW
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Early Appropriate Guilty Plea law reform
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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.Par Legal Aid NSW
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Lewis v Sergeant Riley [2017] NSWCA 272; Forensic Procedure Orders Appeals
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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.…
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