With major legal reforms reshaping sexual offence trials in 2024–25, have we struck the right balance between victim protection and fair trials? Ahead of his presentation at Criminal Law Symposium 2025 on Friday, 14 March, Calvin Gnech unpacks the impact, evolving trial strategies, and insights from a Doyle’s Guide Recommended Criminal Lawyer.
1. Queensland has seen significant legal reforms in 2024 and 2025. In your opinion, which of these changes are the most impactful and why?
The recent legal reforms in Queensland during 2024 and 2025 have 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, have sparked a critical discussion about the balance of justice. While these changes are designed to support victims and ensure their voices are heard, there is a 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 inadvertently shift the onus of proof, risking miscarriages of justice. As a legal practice director at Gnech and Associates, I believe it is essential to maintain a delicate balance, ensuring that while victims are protected, the rights of the accused to a fair and impartial trial are not compromised.
2. How have these changes been impacting the practice of criminal defence lawyers, particularly in cases involving sexual offences?
The recent reforms have significantly impacted the practice of criminal defence lawyers, especially in sexual offence cases. The focus on victim protection and the new jury directions necessitate a careful recalibration of defence strategies. Lawyers must now navigate a legal environment where the assessment of victim evidence is more structured, which could challenge the presumption of innocence. These changes underscore the importance of vigilance in safeguarding the principles of justice and fairness, ensuring that the rights of the accused are not overshadowed by the reforms.
3. Your presentation, Trial Strategy in Sex Offence Cases, will explore the need for adapting traditional strategies as laws and societal expectations evolve. Could you share a glimpse of what attendees can expect to learn from your session?
In my upcoming presentation, "Trial Strategy in Sex Offence Cases," attendees will explore the necessity of challenging traditional criminal defence strategies in light of recent legal reforms. Historically, strategies such as remaining silent during law enforcement questioning and choosing not to give evidence at trial have been grounded in the principle that the prosecution bears the evidentiary onus and must meet the standard of proof beyond a reasonable doubt. This approach, often referred to as 'black letter lawyering,' may now require some recalibration due to the evolving legal landscape and changing societal attitudes.
The session will delve into how these traditional strategies might need to be adapted to ensure effective defence in sexual offence cases. We will discuss innovative approaches to evidence gathering and the importance of understanding the psychological and social dynamics of a society that is increasingly less inclined to strictly follow rules, such as jury directions. This exploration will provide attendees with insights into how to navigate these complexities while maintaining a robust defence strategy that upholds 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 does 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 is a humbling recognition that I attribute to the incredible team and support I have at Gnech and Associates. This accolade is not just a personal achievement but a testament to the collective dedication and expertise of our entire team, who work tirelessly to uphold standards and achieve the best outcomes possible for our clients. In this regard I would like to make special mention to Ms Anna Waite, senior associate with the firm who leads by example and drives these standards within the firm.
I have 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 also have had the privilege during my career of learning from some distinguished criminal lawyers who have left a lasting legacy on criminal law in this state.
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Calvin has focused over 25 years of his professional life to the criminal justice system appearing in all jurisdictions in Queensland as well as the High Court. Calvin's experience extends to the area of professional misconduct/disciplinary law of regulated professions and private enterprise. |