Acting in Sexual Offences Cases With Trial in Mind

Sexual offences matters are increasing substantially. Take time to examine the legal issues from a trial-focused angle with insights from a respected Judge and leading barristers. Consider preparation and defence of these matters, including affirmative consent, pre-trial issues, evidence considerations, and sentencing. Discover how to handle trauma for both defence and prosecution, gaining a balanced perspective. Enhance your skills in this challenging area. 

Friday, 14 June 2024
Early Bird discount ends 10 May 2024 $353.50
Description

Attend and earn 4 CPD units including:
3 units Substantive Law
1 unit Professional Skills  

This program is based on NSW legislation

Chair

Sam Macedone, Principal, Macedone Legal; Doyles Guide 2023, Recommended Criminal Defence Lawyers

9.00am to 9.30am A VIEW FROM THE BENCH: Navigating Challenges and Outcomes in Sexual Assault Cases: Judicial Perspectives


Presented by
 Her Honour Judge Kate Traill

9.30am to 10.20am What Recent Decisions on Affirmative Consent Tell Us About the Best Way to Prepare Your Client’s Defence

 

  • Judicial directions in cases involving affirmative consent: an overview
  • Is there a presumption against consent?
  • What circumstances vitiate ‘apparent’ consent?
  • What is ongoing consent?

Presented by Arjun Chhabra, Barrister, Maurice Byers Chambers

Professional Skills
10.20am to 11.20am Preparing a Sexual Assault Matter for Trial

 

  • Identifying pre-trial issues and considerations
  • Commonly arising evidentiary issues
  • Separate trials
  • Judge alone applications
  • Effective cross examination
  • Expert evidence preparation
  • Dealing with juries

Presented by Philip Strickland SC, Barrister, Forbes Chambers; Doyles Guide 2024Doyles Guide 2023, Preeminent Criminal Defence Lawyers

11.20am to 11.35am Morning Break
11.35am to 12.25pm Sexual Touching Offences: How to Prepare and Defend these Matters

 

  • Particularisation of offences
  • The importance of ERISP interviews, if available
  • How to build a defence, in particular the defence of sexomnia
  • The intersection between insomnia and mental health impairment provisions
  • Sentencing: recent case law in NSW and across Australia

Presented by Carolina Soto, Barrister, Black Chambers

12.25pm to 1.15pm Managing Defence and Prosecution Trauma: A Balanced Perspective

 

  • DPP perspective
    • Content that doesn't make it to trials
    • Managing physical exhibits, police, witnesses, and victims
  • Defence solicitor perspective
    • Balancing the needs of your client, their family, and challenging evidence
    • Showcasing difficulties in handling client-related issues
  • Handling trauma
    • Dealing with disturbing situations
    • Combating the "suffer in silence syndrome"
  • Proactive mental fitness
  • Navigating workplace expectations and maintaining personal boundaries

Presented by Hayley Dean, Solicitor Advocate, Legal Aid, Accredited Specialist Criminal Law

Presenters


Mr. Philip Strickland SC, Barrister, Forbes Chambers
Philip Strickland was Appointed Senior Counsel in 2005. He was dmitted as a Barrister to the Supreme Court of New South Wales in 1991 and admitted as a Solicitor to the Supreme Court of New South Wales in 1989. Philip is a Senior Counsel at Forbes Chambers. Maintaining a diverse national practice, Philip practices principally in New South Wales. With considerable experience in judge-only and jury trials and appeals, Philip regularly appears in the Court of Criminal Appeal, as well as the Supreme, District and Local Courts of New South Wales, and administrative tribunals. He has also appeared in the High Court of Australia. Having appeared in a number of high profile trials, Philip has considerable experience, and has developed specialist knowledge and expertise in a broad range of areas, including criminal law, corporate crime, administrative law, disciplinary proceedings, Commissions of inquiry and inquests, and Work, Health and Safety prosecutions,. Other areas of particular interest include discrimination law and human rights law.


Mr. Sam Macedone, Principal, Macedone Legal
Sam Macedone is the Senior Partner of Macedone Legal and an Accredited Specialist in Criminal Law. With 50 years experience across all aspects of law, he has established a reputation as a legal expert. Sam appears frequently as a legal commentator on TV and radio stations. Sam’s main professional focus is criminal advocacy work. During an extensive career, he has been involved in a number of high profile cases, more recently, the case of Curtis Scott, NSW NRL player, who was unlawfully detained by NSW Police. Sam has had the conduct of matters in the Local Court, District Court, Supreme Court, the Court of Criminal Appeal and the High Court of Australia. Sam has been nominated for the Law and Justice Foundation’s Pro Bono Partnership Award on three occasions in recognition of his work with/contribution to Enough is Enough. Sam was awarded the prestigious 2013 NSW Law Society President’s Medal. The medal is awarded annually by the Law Society of NSW to one of its members in recognition of that member’s significant personal and professional contributions to the betterment of law and justice in the community. It is an award that he is profoundly proud of. Sam is a past president and current life member of the St George Sutherland Regional Law Society.


Ms. Carolina Soto, Barrister, Black Chambers
Carolina Soto has a diverse practice with a focus on criminal law (adults and children), mental health law (Mental Health Review Tribunal and Guardianship division at NCAT) and family law (as it relates to children and/or criminal matters that may effect parenting proceedings). Specialisation in domestic violence matters across the Local and District Court, as well as defending private Apprehended Domestic/Personal Violence Orders. Before being called to the Bar, Carolina was a solicitor at Legal Aid for 10 years where she represented clients in Court on a daily basis in Local, Children’s and District Courts. Prior to that, Carolina worked as a Judge’s Associate in the NSW District Court and interned at the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland. Carolina has worked as a casual academic at various universities including, Western Sydney University and the University of New England. She has appeared as a guest lecturer at the University of New South Wales and is an advocacy instructor at the College of Law.


Mr. Arjun Chhabra, Barrister, Maurice Byers Chambers
Arjun specialises in appellate and judicial review matters. He practices in criminal law, public/administrative law, and family law. He focuses on issues of statutory interpretation, the limits of judicial and public power, and the admissibility of evidence. Arjun has authored several papers as well as the seminal evidence law text, Exclusionary Provisions in the Uniform Evidence Law, published by Thomson Reuters. Prior to joining the Bar, Arjun worked at various criminal law firms, commercial law firms, and investment banks in Australia, China, the Middle East, the UK, and Sub-Saharan Africa, including Baker & McKenzie, Clyde & Co, Blake Dawson Waldron (now Ashurst) and Anthesis Capital.


Ms. Hayley Dean, Solicitor Advocate, Legal Aid
Hayley Dean is the current Solicitor Advocate at Legal Aid NSW Parramatta, undertaking trial, sentencing and committals work. Hayley is a member of the Coercive Control Training Committee of Legal Aid NSW. Hayley is currently working on a coercive control podcast and has written a paper about Coercive Control, as well as sharing her materials with the NSW DPP in their rollout of training. Hayley has been employed as Solicitor of Legal Aid since 2008 predominantly working on trials, CCA matters and Local Court. Hayley started her solicitor career nearly 19 years ago with Commonwealth DPP, and then the NSW DPP. Hayley gained Specialist Accreditation in Criminal Law in 2013.


Her Honour Judge Kate Traill, District Court Judge
Her Honour Judge Kate Traill was appointed a Specialist Child Sexual Assault Judge of the District Court of New South Wales in 2015. Her Honour was appointed to oversee the Child Sexual Offence Evidence Program (CSOEP), which operates in the Sydney Downing Centre and Newcastle District Court in New South Wales. Prior to her judicial appointment, Her Honour was at the private Bar practising primarily in criminal law including many high-profile murder cases, defamation and military law. Her Honour was privately briefed on a regular basis by the Office of the Director of Public Prosecutions and was a Crown Prosecutor from 2009 to 2010. Her Honour was called to the Bar at the age of 24; at the time she was the youngest female barrister in New South Wales. Her Honour was elected a member of the NSW Bar Council for 25 years and was elected on the Executive in 2014. Her Honour has taught advocacy to barristers in Australia and Bangladesh. Her Honour holds the rank of Lieutenant Commander in the Royal Australian Navy and has been appointed an Australian Defence Force Judicial Reviewing Officer. Her Honour was also the Aidede-Camp to Professor the Honourable Dame Marie Bashir and His Excellency the Honourable Governor General of Australia David Hurley AC DSC (Ret’d).

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Acting in Sexual Offences Cases With Trial in Mind

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Morning Session
Friday, 14 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird discount ends 10 May 2024 $353.50
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