Legal Aid NSW Criminal Law Division

5 Cases Podcast - Episode 24

Paul, Caitlin and Sophie round out the year with the latest on:
The boundaries of search powers under the Firearms Act, LEPRA and the Common Law in AA v Constable Michael Moore [2025] NSWSC 1241 
The use of evidence obtained by community vigilantes in Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307 
Exclusive possession of drugs and cash in English v R [2025] NSWCCA 184 
The application of De Simoni in SZ (a pseudonym) v R [2025] NSWCCA 196
Imposing a non-parole period of more than 75% and considering the total period of custody in Matthews v R [2025] NSWCCA 175 

5 Cases Podcast - Episode 23

In this episode, Paul Coady SC will take you through: A listener shout out! A special leave application discussing integrity of judicial power and the ANOM app in CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 and a related book review; An alternative pathway of admissibility in expert reports in Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172. Can you raise good character when there is a pending investigation but no conviction? Find out in the cases of Radburn (a pseudonym v R [2025] NSWCCA 125 and Neil v R [2025} NSWCCA 160. Recklessness and consent will be discussed in a decision that we cant name, but the citation is [2025] NSWCCA 119 and finally, Bugmy principles and whether an offender is an appropriate vehicle for general deterrence in DG v R [2025] NSWCCA 137. 
CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37
Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172
Radburn (a pseudonym ) v R [2025] NSWCCA 125
Neil v R [2025] NSWCCA 160
[Decision not named] [2025] NSWCCA 119
DG v R [2025] NSWCCA 137
Point Made by Ross Guberman

s22C Bail Act (part 2): A practical guide to running applications

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.
In part two, all three lawyers will take you through a practical guide to running applications.
This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW).
The views expressed in this podcast are not necessarily the views of Legal Aid NSW. 

s22C Bail Act (part 1): Its impact on children and the evolving caselaw

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.
In part two, all three lawyers will take you through a practical guide to running applications.
This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW).
The views expressed in this podcast are not necessarily the views of Legal Aid NSW. 

5 Cases Podcast - Episode 22

Caitlin and Sophie discuss bail, in the Local Court pending DC Appeal of Allsopp v R [2025] NSWDC 338, the test for making AVOs in Smith v Blanch [2025] NSWCA 188, sentencing for Form 1 offences in Koosmen v R [2025] NSWCCA 122, whether a causal nexus is required to take mental illness into account in Lane v R [2025] NSWCCA 113, and whether you can be struck off the roll for being rude in Council of the Law Society of New South Wales v Sideris [2025] NSWCA 159.
You can find a link to all the cases here:
ALLSOPP v R[2025] NSWDC 338
Smith v Blanch[2025] NSWCA 188
Koosmen v R[2025] NSWCCA 122
Lane v R [2025] NSWCCA 113
Council of the Law Society of New South Wales v Sideris[2025] NSWCA 159

5 Cases Podcast - Episode 21

Sophie and special guest, Chanel Beesley Barrister discuss the law of tendency in a recent discussion on a Judges Directions and the importance of how those directions are put to a jury in MDP v The King, HCA 24, the importance of not using AI and passing it off as your own submissions, in Valu v Minister for Immigration and Multicultural Affairs (No. 2) [2025] FedcFamC2G 95 ; more Tendency - but what is reasonable notice if it’s not 21 days in Wright v R [2025] NSWCCA 108;  s23 discounts in sentencing in Denniss v R [2025] NSWCCA 110 and what are professional costs and what aren’t, in DPP v Peapelll [2025] NSWCA 147.

Justice Advocacy Service

An interview with Judy Harper, Program Director and Taylor Budin, lived experience person from Justice Advocacy Service. We deep dive into some wisdoms on how to best engage with people who have a cognitive impairment, the services JAS offer, and how their support can benefit vulnerable clients attending court. You can find out more information about JAS via About JAS - IDRS or access their 24/7 phone line for people in police custody on 1300 665 908.

The 5 Cases Podcast - Episode 20

Caitlin discusses the law of arrest in State of New South Wales v Dennis [2025] NSWCA 118, consent and intoxication in sex offences in Smee v R [2024] NSWCCA 121, EAGP Discounts in Rokovada v R [2025] NSWCCA 64, Bugmy principles and general deterrence in NK v R [2025] NSWCCA 73 and reducing a sentence for ‘quasi-custody’ in Testici v R [2025] NSWCCA 88.
 
Going to the Legal Aid Conference or Criminal Lawyers Dinner? Head to the website here: 2025 Criminal Law Conference

The 5 Cases Podcast - Episode 19

Welcome to Episode 19 of the 5 cases podcast. In this episode, Caitlin and Sophie discuss :
Complainant demeanour in The King v Ryan Churchill (a pseudonym) [2025] HCA 11.
The High Court weighs in on prosecutorial disclosure in Brawn v The King [2025] HCA 20, 
The legal effect of agreements between the Crown and accused in Sayer-Jones v R 2022 NSWCCA 99
An important case on the correct process for managing Sexual Assault Communications Privilege or SACP issues in JK v R [2025] NSWCCA 44;
The relevance (or lack thereof) of the Guideline decision in Ponfield in MacBlane v The King [2025] NSWCCA 52
Check out the program, buy tickets and register for the 2025 Criminal Law Conference

CDTCC: Compulsory Drug Treatment Correctional Centre

'CDTCC is a wonderful tool, in an advocate's toolkit.' Pete Bartels is a senior lawyer and subject matter expert on the CDTCC. He joins Martin Dalitz, senior Drug Court lawyer as they chat about how to get clients accepted, what the program looks like and why it's changing lives.