Legal Aid NSW Criminal Law Division

5 Cases Podcast - Episode 27

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

5 Cases Podcast - Episode 26

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
 

Forensic Mental Health: Tom Quilter SC, Dr Andrew Ellis and Callum Hair

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. 

5 Cases Podcast - Episode 25

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

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.