*Original Content was created in March 2024
Chair
Ian Lloyd KC, Trust Chambers; Recommended Criminal Law Senior Counsel, Doyle’s Guide 2023
Contemporary Challenges in Complicity and Attribution
- The concepts of primary and derivative liability
- The key differences between accessorial liability at common law, joint criminal enterprise and extended joint criminal enterprise;
- High Court cases since Miller, Smith & Presley v The Queen (2016) 259 CLR 380; [2016] HCA 30
- Statutory/constructive/felony murder and the recent decision in Mitchell, Carver, Rigney, Tengoopen v King [2023] HCA 5
- Emerging issues in NSW including the fate of R v Sharah(1992) 30 NSWLR 292 and attribution under the Commonwealth Criminal Code
Presented by Kirsten Edwards SC, Barrister, Forbes Chambers
Description
Attend and earn 1 CPD hour in Substantive Law
This program is based on NSW legislation
Presenters
Kirsten Edwards, Barrister, Forbes Chambers
Kirsten is a barrister at Forbes Chambers practising predominantly in criminal law and coronial inquests. Kirsten’s appearances as junior counsel in the High Court include IMM, Hughes, Kadir & Grech, Dansie and, in relation to DNA evidence, Forbes and Aytugrul. Kirsten’s experience in complicity law includes working on submissions for the High Court cases of Miller v The Queen and Mitchell et al v The King and appearing in the Supreme Court (with Phillip Boulten SC) for Harriet Wran who was charged with murder on the basis of extended joint enterprise combined with constructive murder (ultimately pleading to lesser charges). Kirsten is an Adjunct Associate Professor at UNSW and has also lectured at UTS and Sydney Law Schools. Before coming to the Bar, she was an Associate to Justice Michael Kirby, completed a Masters in Law at Yale Law School as a Fulbright Scholar and spent three years as a duty solicitor at the Legal Aid Commission. In 2005 Kirsten spent 6 months working with the Innocence Project in the USA for prisoners on death row and serving sentences of life without parole.
Ian Lloyd KC, Barrister, Trust Chambers
Ian Lloyd KC was called to the NSW Bar in 1977. He took silk in 1989. He is also a member of the bar in Hong Kong, New York and England & Wales. Mr Lloyd is one of Sydney’s leading criminal law silks. Mr Lloyd was during the 1980s a Senior Crown Counsel with the Hong Kong Government and in the early 1990s the Senior Crown Prosecutor for NSW. Mr Lloyd is also a former Justice of the Court of Appeal of the Fiji Islands and Conjoint Associate Professor with the University of Newcastle Law School. He has previously lectured in law at the University of Technology, the Chinese University of Hong Kong and the University of Notre Dame, Sydney.