If you missed Calvin's session the first time round, you can catch up on-demand now. Click here to view the full program: Criminal Law Symposium 2025.
1. Queensland saw significant legal reforms in 2024 and 2025. In your opinion, which of these changes were the most impactful and why?
The legal reforms in Queensland during 2024 and 2025 introduced significant changes, particularly in the realm of sexual offence trials. These reforms, aimed at enhancing victim protection and guiding jury directions on the assessment of victim evidence, sparked a critical discussion about the balance of justice. While these changes were designed to support victims and ensure their voices were heard, there was growing concern that the scales of justice may have tipped too far, potentially jeopardising the fundamental principle of a fair trial. The emphasis on victim testimony and the structured jury directions could have inadvertently shifted the onus of proof, risking miscarriages of justice. As the legal practice director at Gnech and Associates, I believed it was essential to maintain a delicate balance, ensuring that while victims were protected, the rights of the accused to a fair and impartial trial were not compromised.
2. How did these changes impact the practice of criminal defence lawyers, particularly in cases involving sexual offences?
The reforms significantly impacted the practice of criminal defence lawyers, especially in sexual offence cases. The focus on victim protection and the new jury directions necessitated a careful recalibration of defence strategies. Lawyers had to navigate a legal environment where the assessment of victim evidence became more structured, which could challenge the presumption of innocence. These changes underscored the importance of vigilance in safeguarding the principles of justice and fairness, ensuring that the rights of the accused were not overshadowed by the reforms.
3. Your presentation, Trial Strategy in Sex Offence Cases, explored the need for adapting traditional strategies as laws and societal expectations evolved. Could you share a glimpse of what attendees learned from your session?
In my presentation, Trial Strategy in Sex Offence Cases, attendees explored the necessity of challenging traditional criminal defence strategies in light of the recent legal reforms. Historically, strategies such as remaining silent during law enforcement questioning and choosing not to give evidence at trial had been grounded in the principle that the prosecution bore the evidentiary onus and must meet the standard of proof beyond a reasonable doubt. This approach, often referred to as 'black letter lawyering,' now required some recalibration due to the evolving legal landscape and changing societal attitudes.
The session delved into how these traditional strategies might need to be adapted to ensure effective defence in sexual offence cases. We discussed innovative approaches to evidence gathering and the importance of understanding the psychological and social dynamics of a society increasingly less inclined to strictly follow rules, such as jury directions. This exploration provided attendees with insights into how to navigate these complexities while maintaining a robust defence strategy that upheld the principles of justice and fairness.
4. Congratulations on being named once again a Recommended Leading Criminal Defence Lawyer in the 2024 Doyle’s Guide. How did this recognition reflect your journey as a criminal lawyer, and what insights would you offer to other practitioners working in this increasingly demanding field?
Being named a Recommended Criminal Defence Lawyer in the 2024 Doyle’s Guide was a humbling recognition that I attributed to the incredible team and support I had at Gnech and Associates. This accolade was not just a personal achievement but a testament to the collective dedication and expertise of our entire team, who worked tirelessly to uphold standards and achieve the best outcomes possible for our clients. In this regard, I made special mention of Ms Anna Waite, senior associate with the firm, who led by example and drove these standards within the firm.
I had also been fortunate to begin my career in the law during a time when traditional, robust, and dynamic skills in criminal legal defence were perhaps a little more predominant than they now are. I had the privilege during my career of learning from some distinguished criminal lawyers who left a lasting legacy on criminal law in this state.
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