Criminal Law: Evidence Intensive and Critical Updates

Designed with criminal lawyers in mind, this webinar will cover how evidential bias can affect criminal trials and how to interpret DNA evidence. Receive guidance on searches & warrants and applications to exclude evidence. Be updated on evidence in sentencing and review approaches to evidence in high profile matters. Examine amendments to sexual offences matters, legislative updates in criminal law evidence, and consider changes to domestic violence matters in Queensland. 

Friday, 17 November 2023
11.15am to 12.15pm Searches & Warrants: Lawfulness and Applications to Exclude Evidence

 

  • The urgent call: practical approach
  • Intersection between search warrants and LPP, following Police v Barbaro [2020] QCA 230
  • What to consider in assessing the lawfulness of a warrant
  • Making application to exclude evidence obtained under warrant, with reference to recent decisions

Presented by Eric Halden, Senior Associate; Accredited Specialist in Criminal Law and Jaimee-Lee Jessop, Associate, Gilshenan & Luton Legal Practice

10.00am to 11.00am Interpreting DNA Evidence: Guidance for Criminal Lawyers

 

Gain a practical understanding of DNA data and reports, and how to use this information as evidence in criminal law trials.
Presented by Jae Gerhard, Principal Scientist, Independent Forensic Services

9.00am to 10.00am Evidential Bias in Criminal Trials

 

Presented by Emma Higgins, Legal Director, Robertson O’Gorman Solicitors and Clayton Wallis, Consultant Crown Prosecutor

4.45pm to 5.15pm Changes to Domestic Violence Matters in Queensland

 

Significant changes are on the way, including:

  • Removal of cross applications in DV matters
  • Ability to lead video recorded evidence as evidence in chief in domestic violence matters
  • Introduction of the offence of coercive control

Presented by Kate Fuller, Barrister, Win Patten Chambers

3.00pm to 4.00pm Major Amendments Affecting Sexual Offences: What do Trial Lawyers Need to Know?

 

  • Move to affirmative consent model
  • Expansion of Preliminary complaint evidence
  • Stealthing
  • Cross-examination re: sexual history & improper questions
  • Jury directions
  • Expert evidence

Presented by Anna Cappellano, Barrister, Higgins Chambers; Recommended Criminal Law Barrister, Junior Counsel, Doyle’s Guide, 2022

2.00pm to 3.00pm PANEL DISCUSSION: Insights from High Profile Matters

 

How to deal with the extra scrutiny when also dealing with public eye, general media and social media.

 

Moderator:
Nick Dore, Managing Director, Fisher Dore Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2022

Panellists:
Sarah Farnden KC, Holmes Chambers
Kylie Hillard, Barrister, Griffiths Chambers
Emma Higgins, Legal Director, Robertson O’Gorman Solicitors

4.15pm to 4.45pm LEGISLATIVE UPDATES: Legislative Updates in Criminal Law

 

  • Changes to the Youth Justice Act 1992 and other legislation: the offence of breach of bail, “serious repeat offenders” and changes to the youth sentencing regime
  • Legislation addressing the issue of coercive control in domestic relationships
  • Hate crime and serious vilification: the criminalisation of the display of “hate symbols”
  • The removal of the prohibition against publicly naming accused rapists

Presented by Patrick Wilson, Barrister, Halsbury Chambers

12.15pm to 1.15pm Evidence in Sentence Proceedings

 

  • How to comprehensively prepare your client’s evidence for sentence hearings
  • What evidence you need to put the best case forward
  • Recent legislative changes impacting the jurisdiction

Presented by Emily O’Hagan, Partner, Wallace O’Hagan Lawyers; Recommended Leading Criminal Defence Lawyer, Doyle’s Guide, 2023 

Description

Attend and earn 7 CPD units including:
3 units in Legal Knowledge
4 unit in Professional Skills  

 

This program is based on QLD legislation

11.00am to 11.15am Morning Tea Break
4.00pm to 4.15pm Afternoon Tea Break
Session 1: Criminal Law Evidence: Practical Insights

Chair: Carmen De Marco, Barrister, Higgins Chambers

Session 2: Key Insights and Updates Criminal Lawyers Need to Know

Chair: Nick Dore, Managing Director, Fisher Dore Lawyers; Accredited Specialist in Criminal Law; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2022

Presenters


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.


Ms. Carmen De Marco, Barrister, Higgins Chambers
Carmen practises predominately in criminal, regulatory, and family matters. Before commencing at the private Bar, Carmen practised for eight years as a Federal Prosecutor with the Commonwealth Director of Public Prosecutions. Her current practice largely involves representing criminal defendants (adults and children) in respect of a range of State and Commonwealth offences including drug offending, violence, sexual assault, and property offences. Carmen routinely conducts matters on behalf of State and Federal government agencies concerning immigration, environmental matters, and criminal prosecutions. She also regularly represents parties involved in parenting and property disputes following separation.


Mr. Clayton Wallis, Consultant Crown Prosecutor
Clayton Wallis is a Consultant Crown Prosecutor with the Queensland Office of the Director of Public Prosecutions (ODPP). He commenced his career with the ODPP in 2007 before taking on the role of Crown Prosecutor in 2009. Since that time he has prosecuted a wide variety of criminal and quasi-criminal matters across the State from the Magistrates Court to the High Court of Australia. Before his appointment to the position of Consultant Crown Prosecutor in 2022, Clayton was responsible for the management of a number of regional and Brisbane based prosecution Chambers, supervising a diverse range of criminal litigators and administration staff. In his 15 years of prosecuting he has prosecuted almost the entire gamut of criminal offences in the Criminal Code including homicide, violence, sexual and property offences both as prosecutor, counsel for the appellant and counsel for the respondent. In recent times Clayton was responsible for the management and supervision of the ODPP Appeals unit and has appeared in the Court of Appeal on approximately 100 occasions as lead counsel and as both as a junior and lead counsel in the High Court of Australia for both special leave applications and full hearings.


Ms. Sarah Farnden KC, Kings Counsel, 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.


Ms. Anna Cappellano, Barrister, Higgins Chambers
Anna has practiced at the private Bar in Queensland since 2008. She is passionate about social justice and providing fearless advocacy for people who find themselves confronting the criminal justice system. Anna’s practice at the Bar focuses primarily on criminal law and regulatory matters. She regularly appears on behalf of both defendants and prosecuting authorities at the State and Commonwealth level in proceedings in the District Courts, Supreme Court of Queensland, the Queensland Court of Appeal and the Norfolk Island Court of Petty Sessions and Supreme Court. In 2022, Anna was one of the Counsel Assisting the Commission of Inquiry into Queensland Police Service responses to domestic and family violence. Anna is also member of the Bar Association’s Criminal Law Committee.


Ms. 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.


Kylie Hillard, Barrister, Griffith Chambers
Kylie has been working in the legal profession since 2002 and has been a barrister since 2009. She works in a variety of areas including criminal law, defence and prosecution, and has a strong interest in human rights and domestic violence advocacy. She has recently been involved in the Commission of Inquiry into Police Responses to Domestic and Family Violence where she represented Women's Legal Service Queensland, and she has also recently appeared for Sue and Lloyd Clarke at the inquest into the death of their daughter Hannah Clarke and her three children. Kylie is currently a member of the Equal Opportunity Subcommittee of the Bar Association of Queensland and the Australian Bar Association.


Ms. Jaimee-Lee Jessop, Associate, Gilshenan & Luton Legal Practice
Jaimee-Lee was admitted as a solicitor of the Supreme Court of Queensland in August 2017. Prior to working as a solicitor, she obtained a wealth of experience working as a criminal law clerk and acting as the associate to the presiding Domestic Violence Magistrate in Southport. Jaimee-Lee has an extensive range of experience in criminal law, from Magistrate Court sentences and bail applications to District and Supreme Court trials and Court of Appeal matters. She also represents clients in child protection matters and dangerous prisoner applications. Outside the courtroom, Jaimee-Lee is a volunteer with the Caxton Community Legal Centre, providing pro-bono advice and assistance to those in need within the community. She is also a member of the Women Lawyers Association of Queensland (WLAQ). She is a committee member of the WLAQ’s Criminal Lawyers Sub-Committee, which provides her with the opportunity to advocate and raise awareness about issues impacting female criminal lawyers. Jaimee-Lee previously volunteered with the Robina Community Legal Centre, Australian Red Cross and Australian Indigenous Mentoring Experience. On multiple occasions, Jaimee-Lee has been named a ‘Rising Star’ in Doyle’s Guide for the category of criminal law in Queensland. Additionally, she was recognised as the winner of the ‘30 Under 30 Lawyers Weekly Awards’ for criminal law within Australia.


Mr. Patrick Wilson, Barrister, Halsbury Chambers
Patrick Wilson is an experienced criminal barrister based in Brisbane. Patrick routinely conducts trials, sentences and appeals in the Supreme, District and Magistrates courts throughout Queensland, He is a member of the Legal Aid Queensland panel of barristers. He has a broad criminal practice consisting of defending and prosecuting all manner of charges ranging from serious indictable offences in the superior courts to regulatory prosecutions in the summary jurisdiction. Prior to being called to the Bar, Patrick was a solicitor with substantial experience in litigation dealing with commercial, building and construction, and negligence matters.


Mr. 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.


Mr. Eric Halden, Senior Associate, Gilshenan & Luton Legal Practice
Eric joined Gilshenan and Luton in 2023 as a Senior Associate. Following his admission in 2011, he worked as a Judge's Associate, followed by several years in criminal defence .Eric has extensive courtroom experience, having successfully represented clients across an array of matters in the Magistrates, District and Supreme Courts, in matters including, murder, sexual assault & rape, assaults, grievous bodily harm & wounding, supplying, producing & trafficking in dangerous drugs; and fraud & white-collar crime. In 2018, Eric gained Specialist Accreditation in Criminal Law through the Queensland Law Society. Eric expanded his criminal defence practise to include work health and safety (WHS) law in roles at national and top-tier commercial firms. These roles involved both front-end advice and defending WHS prosecutions. Eric advised clients, including government departments and publicly listed companies, regarding exposure to WHS risks, compliance and officers' duties. Eric has significant experience defending clients charged with WHS offences in Queensland and New South Wales, ranging from workers through to ASX100-listed companies.


Ms. Kate Fuller, Barrister, Win Patten Chambers
Kate Fuller is a practising barrister based in Brisbane in Win Paten Chambers. She appears in criminal, family, child protection, youth justice and domestic violence proceedings. Prior to being called to the bar, she was a founding partner at Fuller & White Solicitors. She holds a Bachelor of Laws (Honours) and a Masters of Laws (Applied Criminal Practice). She completed her research masters thesis on the introduction of Strangulation offences under the Criminal Code in response to domestic violence reform. She is an adjunct lecturer at the College of Law. Kate works pro bono with the LGBTI Legal Service as the secretary of the Management Committee and the Bayside Community Legal Service as Vice President.


Ms. 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: Evidence Intensive and Critical Updates

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Friday, 17 November 2023
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Friday, 17 November 2023
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Friday, 17 November 2023
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