Embark on a comprehensive journey to master the major legislative updates in sexual offences charges, uncover the intricacies of the Law of Consent, explore procedural developments in PCC Counselling, and obtain a practical trial preparation guide in just one morning. Be fully prepared as you navigate the principles of cross-examination and analyse the latest legislative provisions. Equip yourself with resounding strategies for success.
11.35am to 12.20pm Directions in Sexual Assault Cases and Recent Legislative Provisions
10.50am to 11.35am Preparing a Sexual Assault Matter for Trial
Obtain a step-by-step guide to preparing sexual offence matters for trial, from the initial client conference to gathering defence material and finalisation of trial instructions.
Presented by Emily O’Hagan, Partner, Wallace O’Hagan Lawyers; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide, 2023
The Law of Consent in Queensland
• R v Makart (2019) 2 Qd R 528 • s348A of Criminal Code, inserted by Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021 • Practical ways to ensure a mistaken belief as to consent is left for the jury
12.20pm to 1.05pm Cross-Examination in Sexual Offences
- Pre-recording of cross examination
- Questioning on previous sexual experience
Presented by Simon Lewis, Barrister, Lucas Chambers, Sunshine Coast Chambers; Leading Criminal Law Junior Counsel, Doyle’s Guide 2022
PCC Counselling Procedural Developments
• Understand the sexual assault and counselling framework as it currently applies in Queensland • Address the definitions and motivations behind the current limitations to accessing Protected Counselling Communications material in criminal matters • Examine the process required for an applicant to access Protected Counselling Communications material in Queensland
Chair:
Kristy Bell, Director, Bell Criminal Lawyers; Accredited Specialist in Criminal Law; Leading Criminal Defence Lawyer, Doyle’s Guide 2022
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on QLD legislation
10.35am to 10.50am Morning Tea
SEXUAL ASSAULT TRIAL PREPARATION AND PRACTICE
9.00am to 9.05am Opening Comments by the Chair
UPDATES IN RECENT LEGISLATIVE AND PROCEDURAL REFORM
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Simon Lewis, Barrister, Lucas 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.
Emily O’Hagan, Partner, Wallace O’Hagan Lawyers
Emily O'Hagan graduated with Honours in a Bachelor of Laws and a Bachelor of Psychology, from Griffith University, completing elective study in Criminal Law and Forensic Mental Health at Utrecht University in the Netherlands. Following her admission Emily commenced working at Russo Lawyers and specialised in the practice of criminal defence. Emily was recognised as a Senior Associate at Russo Lawyers in 2014 and became a founding partner of Wallace O'Hagan Lawyers in 2015. Emily appears in all criminal law jurisdictions. Emily has extensive trial experience in the full range of traffic and criminal offence, and has represented clients at every level of the criminal justice system, from pleas of guilty before the Magistrates Court to Supreme Court Appeals.
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.
