Legal Aid NSW Criminal Law Division

In a very special 30th episode, the Chief Justice of New South Wales, The Honourable Andrew Bell AC, joins all three hosts. The Chief Justice reveals insights about his path to the role, the inner workings of the Supreme Court and the way judges work together. We also hear the Chief Justice speak about Solutions Focused Justice, developments in the law and the importance of the Liberato direction.
Totaan v The the Queen [2022] NSWCCA 75; 108 NSWLR 17
Haile v The Queen [2022] NSWCCA 71
Vamadevan v The King [2024] NSWCCA 223
Stanley v DPP (NSW) [2023] HCA 3; 278 CLR 1
Taylor v R [2020] NSWCCA 355
The Chief Justice on principles of Crown Appeals
     6. R v White [2025] NSWCCA 111 
     7. R v Thompson [2025] NSWCCA 133
The Court of Appeal on protest powers
     8. Jarrett v State of New South Wales [2026] NSWCA 62
Paper
Browne v Dunn: Putting a Dangerous Weapon in the Hands of a Prosecutor, by Squadron Leader Michael King, NSW Deputy Senior Public Defender. 
From Criminal CPD Library:https://www.criminalcpdlibrary.com.au/
Speeches by the Chief Justice
Opening remarks at Solution Focused Justice: A Cross Jurisdictional Symposium
When an accused goes into evidence
Statement on bail
“The year that was – challenges at every turn” Opening of Law Term Address
See more from the Chief Justice at: Collection of the Chief Justice’s speeches
The podcast hosts wish to thank Anais Bouchier, law student for research work for this episode. https://www.linkedin.com/in/anais-bouchier-91313a299/
 

Episode 29 of the 5 Cases Podcast; Is everyone at CLANT? Caitlin and Paul are jealous but review 5 cases for you on the topic of fitness in the Children's Court; costs in the Local Court; The rule in Hofer v The Queen; objections to the admissibility of recorded interviews and the treatment of Edwards-style lies. 
The cases discussed are:
R v Nick [2026] NSWChC https://www.caselaw.nsw.gov.au/decision/19ed2e2b7a4450339aa3cf04
M v Joya [2025] NSWSC 1569 https://www.caselaw.nsw.gov.au/decision/19b2f2df56a559dfd0f6140a
Douglas v R (a pseudonym) [2026] NSWCCA 85 https://www.caselaw.nsw.gov.au/decision/19ed3312f144fb3c80edbe6c
R v GH [2026] NSWSC 740 https://www.caselaw.nsw.gov.au/decision/19eeddb253bbba89ca924758
[not published]  v R [2026] NSWCCA 75: https://www.caselaw.nsw.gov.au/decision/19e965108e069f60a4257dc5 
Section 18B of the Drug Court Act: https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-150#sec.18B

In this episode, barrister Kellie Stares SC shares practical insights from her experience on how to effectively cross-examine police officers. She explores strategies for dealing with experienced officers who are familiar with court processes and skilled at managing their presentation in the witness box. Kellie discusses techniques she uses to achieve fair outcomes, including carefully working through the paper trail, understanding what police guidelines require to go in notebook entries, and leveraging material uncovered through subpoenas. She also examines the serious consequences of “tunnel vision” in the prosecution of matters, and how it can negatively impact innocent accused persons. 
 
Kellie is presenting at the upcoming Criminal Law Conference and is nominated for the Terry Keaney Award alongside fellow members of the profession Rose Khalilizadeh, Cathy Hunter, Crystal Triggs and Elly Mason. You can find out more information about Kellie and her upcoming trial advocacy and summary hearing advocacy workshops at www.emalegaleducation.com.au

In this bumper episode, Sophie Anderson and Caitlin Akthar talk you through the new must-know High Court authority on tendency, The King v AR [2026] HCA 10; how to stop unfair Crown questioning of accused in McGuire v R [2021]NSWCCA 287 and [redacted]; the admissibility of expert certificates in JS v Director of Public Prosecutions (NSW)[2026] NSWCA 58, and whether the strength of the Crown case affects the utilitarian discount in SH v R [2026]NSWCCA 35.
1. The King v AR [2026] HCA 10
2. McGuire v R [2021] NSWCCA 287
3. [REDACTED]
4. JS v Director of Public Prosecutions (NSW) [2026] NSWCA 58
5. SH v R [2026] NSWCCA 35
Palmer v The Queen (1998) 193 CLR 1

Paul and Sophie take you through brief service order requirements in the Local Court in Nash v Local Court of NSW [2026] NSWSC 197. Local Court Judge powers to refuse entry of a plea in Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100. Ethical and practical considerations on advising your client whether to give evidence in their trial in AA v R [2026] NSWCCA 10. Aggregate sentencing in Commonwealth matters in The King v McGregor [2026] HCA 3 and special circumstances and what those circumstances may be in Duncan v R [2026] NSWCCA 19.
1. Nash v Local Court of NSW [2026] NSWSC 197
2. Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100
3. AA v R [2026] NSWCCA 10
4. The King v McGregor [2026] HCA 3
5. Duncan v R [2026] NSWCCA 19

Catch up on recent case law; and step back in time to 1884, in this recent episode of the 5 Cases Podcast, with guest Professor David Heilpern. Episode 26 is packed with refreshers on the law, current decisions and favourite cases picked by our special guest. 
Dpp v Carr [2002] NSWSC 194 (25 January 2002)
Police v Butler [2003] NSWLC 2
R v Dudley & Stephens (1884) 14 QBD 273
BV v R [2025] NSWCCA 217 (12 December 2025)
Jindalee Road Wines Pty Ltd v Natural Resources Access Regulator; Littore v Natural Resources Access Regulator [2025] NSWCCA 215 (10 December 2025)
Also
2024 Hal Wootten Lecture with Professor David Heilpern - YouTube
Report: Good character at sentencing
 

Tom Quilter SC, Dr Andrew Ellis, consultant psychiatrist and Callum Hair, solicitor advocate, come together to discuss what happens in the legal system for people who are charged with a serious offence, who have a mental health or cognitive impairment. They examine the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, assessing a person for fitness, and talk about why early collaboration between criminal and civil systems is important for the long-term recovery of the person and community safety as a whole. 
Special thanks to host Rhiannon McMillan and to Michelle McDonald and Helen Shaw for there early work on this podcast. 

Paul, Sophie and Caitlin recommend some tv, podcasts and reading to keep criminal lawyers entertained over the holiday period.
TV
Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night
The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury
Books
Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols. Nancy Duarte (2016).
Secrets of the Jury Room. Malcolm Knox (2005)
Slide:ology: The Art and Science of Creating Great Presentations. Nancy Duarte (2008).
Podcasts
The Advocacy Podcast: https://www.theadvocacypodcast.com/
Mushroom Case Daily, (ABC Podcast)https://www.abc.net.au/listen/programs/the-case-of/introducing-mushroom-case-daily/103600002

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 

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