Legal Aid NSW Criminal Law Division

The 5 cases Podcast Episode 2

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.

Yarning with an inmate: a perspective from inside

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.

The 5 cases Podcast: Episode 1

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

"A practical guide to sentences in the Local Court"

“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.

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

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.
 

Child Protection Register and CPPO's Post LECC review

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.
  
 

Understanding Mandatory visa cancellations

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.
 

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

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.
 

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

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.

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

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.