Criminal Law Reforms and Strategies for Bail, Trial, Sentencing, Evidence and Communications

2024 has been a demanding year for Queensland's criminal lawyers, with a flood of new legislation, developments, and directions to navigate. This must-attend program offers crucial strategies, insights, updates and current guides to sentencing, bail applications, DNA evidence, key findings from the Criminal Procedure Review and new jury directionsDive into coercive control legislation, rethink your approach to sexual offences trials and learn how to effectively handle forensic evidence to strengthen your case. Join top experts for a day of essential guidance, ensuring you're fully equipped to confidently manage your cases.

Friday, 22 November 2024
Description

Attend and earn 7 CPD units including: 
5 units in Substantive Law 
2 units in Professional Skills
This program is based on QLD legislation

Session 1: Navigating Sentencing, DNA Evidence and Coercive Control and Consent Reforms

Chair: Nick Dore, Managing Director, Fisher Dore Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2024

9.00am to 10.00am Current Updates on Sentencing

 

  • Tips and traps for preparing and arguing a sentence hearing
  • Important resources for sentencing: ‘QLD Sentencing Guide’, ‘Sentencing Round Ups’ and some recent ‘Cases in Focus’
  • QSAC’s Terms of Reference on sentencing for rape and sexual assault
  • Community education resources: a ‘call to arms’ for practitioners in educating the community about how sentencing works 

Presented by Dan Rogers, Principal at Robertson O'Gorman Solicitors; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2024

12.45pm to 1.15pm Coercive Control and Affirmative Consent and Other Legislation Amendment Act 2024

 

  • What are the changes and when do they commence?  

Presented by Simon Lewis, Barrister-at-Law, Robertson Chambers; Leading Criminal Law Junior Counsel, Doyle’s Guide 2024

Session 2: Strategies for Bail, Protected Counselling Communications and Sexual Offences Trials

Chair: Emma Higgins, Legal Director, Robertson O’Gorman Solicitors, Recommended Leading Criminal Defence Lawyer, Doyle’s Guide 2024

2.00pm to 3.00pm Guide to Bail Applications

 

  • Key factors for bail
  • Step by step guide to bail: From police release to Magistrate court appearances and typical bail conditions
  • Bail presumption in Queensland
  • After bail refusal 

Presented by Adam Moschella, Senior Associate, Bell Criminal Lawyers; Accredited Specialist in Criminal Law

4.00pm to 4.15pm Afternoon Tea
Professional Skills
10.00am to 11.00am Advanced Issues and Limitations with DNA Evidence

 

Forensic DNA testing is often held up as the ‘gold standard’ of forensic testing and is frequently presented without challenge at trial.  Recent experience in Australia has highlighted number of important limitations and misconceptions about DNA evidence about which practitioners should be informed so that such evidence can be appropriately tested and evaluated. Join Jae Gerhard from Independent Forensic Services to cover the following: 

  • The types of testing which can be undertaken in relation to biological origin of material
  • Limitations to testing of biological fluids
  • Trace DNA and its transfer and persistence
  • Complex DNA profile interpretation, STRmix(TM) analysis, and limitations to the interpretation
  • Laboratory accreditation 

Presented by Jae Gerhard, Principal Scientist, Independent Forensic Services

11.00am to 11.15am Morning Tea
11.15am to 11.45am Key Recommendations and Findings of the Criminal Procedure Review: Magistrates Court 2024

 

  • The Local Court of Queensland
  • The Criminal Procedure (Local Court) Bill
  • Proposed changes to disclosure, case conferencing and case management

Presented by Tom Gardiner, Principal, Fisher Dore; Leading Criminal Defence Lawyer, Doyle’s Guide 2024

Professional Skills
11.45am to 12.45pm Risk Assessment for Defence and Prosecution in Coercive Control: Navigating Complex Domestic Violence Cases

 

Intimate partner homicide has a 100% correlation with coercive control. IPH has become the most predictable type of homicide and potentially the most preventable type of homicide. This session traces the 20 years of research. Amanda will guide participants in how to use a coercive control risk assessment as a screening tool in their practices to identify and protect victims from the risk of domestic abuse and serious harm
Presented by Dr Amanda Gearing, Investigative Journalist, Author and Broadcaster 

3.00pm to 4.00pm Adapting to the Evolving Landscape of Client Communications in Criminal Law: Protected Counselling Communications

 

  • Explore the developments both the law and practice surrounding Protected Counselling Communications which have continued to evolve at pace
    • Key judgements that have been handed down in the last 12 months
    • Practical pitfalls that you should avoid 

Presented by Cameron Browne, Director, Potts Lawyers, Recommended Leading Criminal Defence Lawyer, Doyle’s Guide 2024

4.15pm to 5.15pm Prosecuting and Defending Trials for Sexual Offences: Rethinking Strategies

 

  • Updates to the Evidence Act and jury directions require different approaches to trials involving sexual offences
  • Think like a juror: Updating trial strategies for success with modern juries
  • Practical tips and discussion about sex offence trials 

Presented by Sarah Farnden KC, Holmes Chambers; Recommended Senior Counsel Criminal Law QLD, Doyle’s Guide 2024

Presenters


Tom Gardiner, Principal, Fisher Dore
Tom is a Principal of Fisher Dore Lawyers and an Accredited Criminal Law Specialist (QLS). Tom has over a decade of experience in criminal law and is leading criminal lawyer in the Doyles Guide. Tom has appeared in all Courts throughout Queensland and instructed counsel in the High Court of Australia. Tom’s practice includes a wide range of criminal law matters, domestic violence applications and advice work.


Dr Amanda Gearing, Investigative Journalist, Author and Broadcaster
Amanda Gearing is an investigative journalist, author and broadcaster who has worked in the UK and Australia. Her reporting has led to law reforms and to various inquiries in Australia and Britain. She has won many awards for her print and broadcast journalism. Amanda’s reporting in 2020, following the murder of Hannah Clarke and her three children, sparked political interest in criminalising coercive control in Australia. Amanda undertook a national survey on coercive control and was invited to present the findings to the State Government, to specialist domestic violence police and at a national DV conference. She has developed and uses a coercive control risk assessment to alert police and Family Courts in cases where there is a risk of serious harm to victims and children post-separation.


Simon Lewis, Barrister-at-Law, Robertson Chambers
Simon was admitted as a Solicitor in 1991 and called to the Bar in 1994. Since that time I have developed a solely Criminal Practice appearing in all Queensland jurisdictions. I have regularly prosecuted for both the State and Commonwealth and I am briefed in complex criminal matters particularly homicides and drug matters by both Legal Aid Queensland’s serious crime teams and private practitioners.


Emma Higgins, Legal Director, Robertson O’Gorman Solicitors
Emma Higgins is a legal director at Robertson O’Gorman Solicitors having joined the firm in 2011. A Queensland Law Society accredited specialist in criminal law, Emma appears in a variety of criminal matters before the Magistrates Court and superior courts. Emma has extensive trial and appellate experience in a range of criminal proceedings. She has appeared as solicitor advocate in superior courts and has a keen interest in the relationship between mental health and criminal proceedings. Emma achieved a Bachelor of Laws with Honours, a Bachelor of Business majoring in Economics from the Queensland University of Technology. In addition to criminal law, Emma has developed a practice in disciplinary law and is a member of the Queensland Law Society Disciplinary Law Committee.


Adam Moschella, Senior Associate, Bell Criminal Lawyers
Adam was admitted as a solicitor in Queensland and the High Court of Australia in 2016. He holds a Bachelor of Laws with Honours and a Graduate Diploma of Legal Practice. Adam has extensive experience in criminal law, handling cases from traffic matters to complex drug and homicide charges. In 2022, he became the youngest to receive Specialist Accreditation in Criminal Law by the Queensland Law Society. He has significant experience with parole matters, including during the COVID-19 pandemic with the Prisoner’s Legal Service. Adam advises on parole applications, suspensions, cancellations, and judicial reviews. He is one of the few lawyers experienced with the ‘No Body, No Parole’ scheme and contributed to the Queensland Parole System Review II. He also advises on ‘Restricted Prisoner’ Declarations. Previously, Adam worked in the Department of Justice and Attorney-General, advising on criminal law reform and issues like police powers and organized crime. He assisted with the Daniel Morcombe case recommendations and the Voluntary Assisted Dying Framework. Adam provides pro-bono legal advice to several legal services and is an appointed lawyer with ASIO. He has served on various legal committees, including the Queensland Law Society’s Early Career Lawyers Committee.


Cameron Browne, Director, Potts Lawyers
Cameron has practiced exclusively in criminal law since he was admitted in 2001. He is a director at Potts Lawyers, having commenced his articles of clerkship at the predecessor of the firm in 1999. He has appeared as an advocate in multiple jurisdictions and is passionate about educating graduates and junior practitioners. His practice has included undertaking cross-examination at committals for sexual offences, along with instructing counsel at numerous trials for offences of this type. An accredited specialist in Criminal Law, Cameron is a former president of the Gold Coast District Law Association and relocated to the firm’s Brisbane office in 2019.


Sarah Farnden KC, Holmes Chambers
Sarah practices primarily in criminal law, regulatory matters, administrative law and related appeals. Sarah was first called to the bar in 2001 and took silk in 2022. Sarah accepts briefs in criminal, regulatory and administrative law matters. She is regularly briefed in complex criminal trials and appeals as well complex work health safety matters for both prosecution and defence. Sarah accepts briefs in administrative law matters that are related to criminal law. Sarah is available to travel and is admitted to practice in New Zealand and has experience appearing in other states around Australia as well as Norfolk Island. Prior to joining the private bar Sarah was employed by the Qld Office of the Director of Public Prosecutions and gained considerable expertise in all aspects of criminal and related proceedings in all jurisdictions and locations throughout Queensland. This includes prosecuting a substantial number of very high profile and difficult matters for all types of offences including complex homicide matters, fraud and corruption. Sarah appears regularly in the Court of Appeal and has appeared as both junior and lead counsel in High Court matters. Sarah also worked as special counsel for Crown Law and provided complex advice on many varied matters as well as appearing in regulatory prosecutions, including on appeal. She also has considerable experience in the Mental Health Court and appearing on applications under the Dangerous Prisoner Legislation. Sarah is a recommended leading criminal law senior counsel in Queensland in Doyles Guide.


Nick Dore, Managing Director, Fisher Dore Lawyers
Nick was admitted to the Supreme Court of Queensland in 2002 after completing a two year articled clerkship in Criminal Law. He then commenced work for a prominent criminal law firm and in 2006 commenced his partnership with Terry Fisher and formed Fisher Dore Lawyers. In 2010, Nick obtained the Highest Achiever award when undertaking the Criminal Law Accredited Specialist assessment in Queensland. He was on the QLS Criminal Law Accredited Specialist committee from 2016 - 2022 including his time as Chair in 2020. He is also a member of the QLS Criminal Law Committee. Nick regularly presents and Chairs seminars relating to criminal law topics. He practises exclusively in Criminal Law.


Dan Rogers, Principal at Robertson O'Gorman Solicitors
Dan Rogers is the principal of Robertson O'Gorman Solicitors and an accredited specialist in criminal law. Dan regularly presents to other solicitors at Queensland Law Society conferences and seminars on criminal law. He also conducts guest lectures on criminal law at various universities. He has been published in various law journals and has contributed to legal texts on criminal law and human rights. Dan is a Member (former President) of Caxton Community Legal Centre’s Management Committee, QLS Councillor, a member of the ethics committee of the Queensland Law Society and a member of the Queensland Sentencing Advisory Council, advising the Attorney-General on sentencing matters. Dan is named variously as a leading and preeminent criminal lawyer in Queensland and Australia by Doyle's Leading Lawyers List. As a solicitor advocate, Dan regularly argues his own cases in the higher courts instead of briefing counsel. Dan also specialises in in white collar and corporate crime, professional discipline matters, inquests and workplace health and safety investigations.


Jae Gerhard, Principal Scientist, Independent Forensic Services
Jae Gerhard graduated with a Bachelor of Science (in Biomedical Science)(Honours) from the University of Technology, Sydney. She has been employed in the Forensic Sciences since 2002 and was previously employed as a Reporting Officer with the Biological Criminalistics Team with the Australian Federal Police specialising in the examination of items for biological evidence, DNA analysis and interpretation. Jae joined New South Wales Police Force as a Reporting Officer in the Forensic Biology Section of the Forensic Science Services Branch when the Section was formed in 2007 and was involved in the provision of laboratory and field based services for complex major crime., Jae has been accepted as an expert in the Australian Capital Territory, Western Australia and New South Wales and has reported cases from minor volume crime through to serious and complex cases such as sexual assault and murder. She is a member of the Australian and New Zealand Forensic Science Society (ANZFSS), The Sydney Forensic Medicine and Science Network, the International Association of Bloodstain Pattern Analysts (IABPA) and the International Society of Forensic Genetics (ISFG). She is also a regular presenter at the biennial ANZFSS Symposiums and is co-author of Bloodstain Pattern Analysis in Expert Evidence published in 2011., Independent Forensic Services was founded in 2012 and provides an independent consultancy service for criminal matters in the area of forensic biology, DNA analysis and bloodstain pattern analysis.

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Criminal Law Reforms and Strategies for Bail, Trial, Sentencing, Evidence and Communications

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All Sessions
Friday, 22 November 2024
9.00am to 5.15pm Australia/Brisbane
CPD Points 7
$795.00
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Morning Session
Friday, 22 November 2024
9.00am to 1.15pm Australia/Brisbane
CPD Points 4
$505.00
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Afternoon Session
Friday, 22 November 2024
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
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