Driving Offences and Defences, and Expert Evidence Masterclass

Take a deep dive into the evergreen area of traffic offences in Victoria. A half-day masterclass with leading minds in the field, you will delve into expert evidence and how new technology is redefining the area, as well as dangerous driving causing death offences and sentencing issues associated with these. Understand the proposed reforms for Drug Driving laws and proven defence strategies for drink driving and drug driving offences.

Friday, 7 March 2025
Chair:

Chris Edwards, Barrister, Chapman’s List Barristers

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Dangerous Driving Causing Death - the Elements, Potential Defences and Sentencing Issues

 

  • What must the prosecution prove?
  • How does the test compare to culpable driving and careless driving and what are the dangers of such comparisons?
  • Potential lines of defence
  • What are the key sentencing principles? How do you tackle section 5(2)(h)? 

Presented by Sam Norton, Accredited Specialist Criminal Law, Partner, Stary Norton Halphen, Leading Victorian Traffic & DUI Lawyers, Doyle’s Guide

 

Professional Skills
12.15pm to 1.15pm Expert Evidence & Traffic Offences

 

  • Surging technological development in vehicles 
  • New techniques in crash reconstruction 
  • What lawyers need to know about the new technology in cars
  • Video analysis 

Presented by Dr Shane Richardson, Principal Forensic Engineer, Managing Director and Owner, Delta V Experts 

Description

Attend and earn 4 CPD units including: 
3 units in Substantive Law 
1 unit in Professional Skills
This program is based on VIC legislation

9.00am to 10.00am Drug Driving Laws: Reform Update

 

Drug driving laws are inherently unjust because there is no impairment level required to prove to convict a person of an offence. The NSWCCA has confirmed that drug driving offences are offences of absolute liability. There are some reform initiatives underway around Australia that are leading to possible defences for those using drugs for a medicinal purpose. Explore the current drug driving reform landscape. 
Presented by Greg Barns SC, Barrister, Douglas Menzies Chambers Melbourne

10.00am to 11.00am Defences in Drink Driving and Drug Driving Offences

 

  • Six point check-list for breath test cases
  • Essential considerations in refuse cases
  • How to deal with blood and oral fluid samples
  • Challenging a VIFM certificate 

Presented by Sean Hardy, Barrister, 88 Dudley Street, West Melbourne 

Presenters


Sean Hardy, Barrister
Sean graduated in arts and law from Monash University in 1989. After completing Articles, he signed the bar roll in 1991. Since then, he has practiced as a barrister in several jurisdictions, including motor traffic law, insurance cases, building and construction, and administrative law. Sean has appeared before the Supreme Court and the Court of Appeal in numerous appeals and orders to review against decisions of Magistrates and Tribunals. Sean is experienced in defending all types of traffic matters with a particular emphasis on offences that carry mandatory licence loss. He opposes the constant erosion of the court's sentencing discretions resulting from ever escalating mandatory sentencing legislation. Sean has studied in France and Germany and in 1990 he worked for a British law firm in Hong Kong. In the early 90s he was a competitive cyclist, represented Australia. He became a professional cyclist to ride the SunTour. These days he avoids incurring many speeding or parking fines by cycling to work each day.


Chris Edwards, Barrister, Chapman’s List Barristers
Chris is an experienced barrister specialising in Criminal Law and appearing in a wide range of criminal and quasi-criminal cases. With a strong background in both trial and non-trial work, his expertise extends to providing legal advice and representing clients in quasi-criminal and regulatory matters. Chris’s professional journey includes working for reputable law firms, government agencies, and indigenous justice organisations, equipping him with a diverse skill set and extensive courtroom experience.


Greg Barns SC, Barrister, Douglas Menzies Chambers Melbourne
Greg graduated BA LLB from Monash University in 1984. He was a member of the Victorian Bar where he practiced in criminal law from 1986-, 89 and has been a member of the Tasmanian Bar since 2003. Greg was chief of staff and senior adviser to several federal and state Liberal Party leaders and ministers from 1989-99. He is also the former National Chair of the Australian Republican Movement and was National President of the Australian Lawyers Alliance in 2011-12. Greg has written three books on Australian politics, is a spokesman for the Australian Lawyers Alliance, a member of the Australian Defence Lawyers Alliance and Chair of the Tasmanian Prisoners Legal Service. He is an adviser to Julian Assange and WikiLeaks. Greg writes a weekly column in the Hobart Mercury. writes regularly for Crikey and is editor of Counsel, the Tasmanian Bar journal.


Sam Norton, Partner, Stary Norton Halphen
Sam is an accredited criminal law specialist and is ranked in the Doyle’s guide as a Preeminent Criminal Defence lawyer and a Leading Traffic and Drink Driving lawyer – the highest ranking categories available. He has extensive experience as an advocate having appeared in trials, plea hearings and bail applications in the Supreme and County Courts as well as innumerable matters in the Magistrates’ Court. Sam was admitted to practice in 2001, and obtained specialist accreditation in Criminal Law 2008. He is the Senior Vice President of Liberty Victoria and is a former Co-Chair of the Criminal Law Section of the Law Institute of Victoria (LIV). In 2015 he received a Service Award from the Law Institute in recognition of his outstanding contribution to the LIV and to the profession. Sam has also previously been a Volunteer at the Inner Melbourne Legal Service.


Dr Shane Richardson, Principal Forensic Engineer, Managing Director and Owner, Delta V Experts
Shane has provided expert evidence in the Supreme, County, Magistrates and Coroners Courts across Australia (and in Courts in Singapore, Brunei, Malaysia and New Zealand) related to collision/incident investigations for Criminal and Civil matters. Shane is a Mechanical Engineer with more than 30 years' experience and is a Chartered Professional Engineer (Engineers Australia) and is registered in: Amusement Rides and Devices In-Service Inspection; Biomedical Engineering; Mechanical Engineering; and Structural Engineering. He has published national and international technical papers on crash investigations.

WEB253V06

Driving Offences and Defences, and Expert Evidence Masterclass

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Single Session
Friday, 7 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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