Probative Value and Admissibility in the Criminal Trial
2023-09-28 00:00 (Australia/Sydney)
2023 Criminal Law CPD Series: Probative Value and Admissibility in the Criminal Trial: Focus and Holism
Substantive Law
CPD Points: 1.5
About
In determining whether challenged evidence is admissible, the trial judge is often required to assess its probative value. The orthodox view is that this assessment focuses on the strength of connection between the challenged evidence and the fact in issue. However, a distinct strand of High Court jurisprudence, running through the common law and the uniform evidence legislation – fromâ€¯Pfennig v The QueenÂ (1995) 182 CLR 461 throughâ€¯Phillips v The Queenâ€¯(2006) 225 CLR 303 toâ€¯TL v The Kingâ€¯(2022) 96 ALJR 1072 – requires a holistic approach to probative value. That is, the trial judge should assess the contribution of the challenged evidence together with other evidence. The High Court’s occasional holism introduces incoherence and uncertainty into the law. The interventionism of this approach may be prompted by concern over the prejudicial risks of propensity evidence; however, holism does not necessarily provide added protection. The High Court’s holism appears to be more the product of fallacious reasoning and inattention to the logic of proof. And it carries the risk that the trial judge, at the admissibility stage, will trespass on the jury’s fact-finding province.
Presenter
David Hamer is interested in the way criminal courts deal with evidence in determining whether to convict or acquit defendants. While often focusing on the detail of evidence law and criminal procedure, he takes an interdisciplinary approach. His research has regard to both the psychology and the logic of proof and draws on empirical research and formal probabilistic models. Further, his work explores how the pursuit of factual accuracy is affected by other sometimes competing concerns: efficiency, fairness, and the overarching need to provide a mechanism for settling disputes that retains public acceptance.
A particular area of interest to David is the regulation of child sexual assault prosecutions. For various reasons, these offences are inherently difficult to prove. Drawing on David’s work, the recent Royal Commission recommended that the prosecution be able to place greater reliance on the accusations of other alleged victims to corroborate the complainant’s allegation. David’s work in this area is ongoing and he is contributing to the development of appropriate laws to implement this Royal Commission recommendation.
Another area of interest to David is wrongful convictions. Despite the rhetorical emphasis placed on avoiding this searing injustice, they come to light quite regularly and there is good reason to believe that many more wrongful convictions are hidden from view. David is interested in the conceptual and methodological issues concerning definition and estimation of error rates. He researches the causes of wrongful convictions and how these should be addressed through law reform. He also focuses on obstacles to their correction and believes that a Criminal Cases Review Commission should be adopted as a crucial element of criminal justice infrastructure.

Rescheduled date: A recording of this webinar will be released on Thursday, 28 September 2023.
Find out more about the series.

Webinar | Children's Rights and Participation in Youth Justice Systems: An International Perspective
2023-10-25 19:00 - 20:30
Children’s Rights and Participation in Youth Justice Systems: An International Perspective
Join the Youth Justice Research Collaboration at the University of Sydney and the Manchester Centre for Youth Studies at Manchester Metropolitan University at this free webinar. It will provide an opportunity for academics and professionals to detail and discuss the upholding of children’s rights and participation in the English and Australian Youth Justice Systems. There will be plenty of opportunities for interactive discussions about the enablers and barriers to meaningful participation in youth justice systems. Youth justice systems have been the focus of considerable scrutiny and review in many jurisdictions in recent years and many of these systems are grappling with how to better involve young people in shaping these systems. Practitioners and academics from England and New South Wales will talk about their work and research. The Forum will bring together key stakeholders working to prevent youth crime and to administer the various aspects of youth justice. Presenters will discuss latest trends, research and policies in these areas and will showcase some of the relevant work across the University of Sydney.
About the Speakers

Professor Hannah Smithson– ProfessorÂ of Criminology and Youth Justice, Manchester Centre for Youth Studies, Manchester Metropolitan University, United Kingdom
Dr Hannah Smithson has worked within the field of criminology for over 20 years and she specialises in the area of youth justice. Hannah is the Director of the world-leading Manchester Centre for Youth Studies. Hannah is co-convenor of the award-winning Greater Manchester Youth Justice Partnership – a partnership between Man Met and each of the 10 Greater Manchester youth justice services. The partnership has led to the creation of a transformative new framework: Participatory Youth Practice (PYP). PYP is the first framework to be co-created with justice-involved children based on their lived experiences. PYP has had an impact on youth justice practice, on national and international youth justice strategies, and, most importantly, on justice-involved children themselves. Hannah works collaboratively with a variety of local, national and international communities and stakeholders, including professionals, activists and third sector organisations. Her research has been instrumental in shaping agendas in research and policy across the interconnected areas of youth justice, serious youth violence and child criminal exploitation. She has written extensively on the problematic reductionism of SYV to involvement in gangs. Her most recent publications explore the benefits and challenges of participatory practice with justice-involved children. Her output can be found here.

Associate Professor Garner Clancey– The University of Sydney Law School, Australia
Dr Garner Clancey is an Associate Professor in Criminology. Before joining the University of Sydney Law School in 2011, Garner worked in criminal justice agencies (including Juvenile Justice NSW and the NSW Police Force) between 1992-2002 and worked as a crime prevention consultant between 2002-2010. Garner also taught crime prevention, policing, juvenile justice, security and criminology courses at five other Australian universities between 2000 and 2011. Garner’s work focuses on the intersection between research, policy and practice. Currently, Garner is working to develop a whole-of-university approach to youth justice and youth crime issues. Garner is working closely with industry partners and colleagues from across the University of Sydney to tackle various practical and systemic challenges impacting the youth justice system. This work has resulted in the establishment of the University of Sydney’sÂ Youth Justice Collaboration.
Garner is a member of various research centres including the Sydney Institute of Criminology, theÂ Matilda Centre, theÂ Technology Addiction Team (Brain and Mind Centre), and an affiliate of the Wellbeing Health and Youth Centre of Research Excellence in Adolescent Health.
His most recent article considers long term positive trends in youth justice detention. He co-authored Crime Prevention: Principles, Perspectives, PracticesÂ which was published by Cambridge University Press in 2021.

Dr Lisa Ewenson– Research Associate, Faculty of Arts, Design and Architecture, UNSW, Australia
Dr Lisa Ewenson is a social worker and lawyer who has worked for over 15 years in both the youth justice detention and immigration detention centre contexts. Lisa completed her doctoral thesis in 2022, which explores the lived experiences of youth justice detention in New South Wales, Australia, and is now a research associate at UNSW.Â Her thesis, Children Must be Heard When They Cannot be Seen, analysed youth justice detention in contemporary Australia considering external oversight mechanisms, children’s rights and the capabilities approach. Relevantly, her work published in the Australian Journal of Human Rights, outlines the legal background to monitoring requirements in youth justice detention and makes practical recommendations for monitoring bodies to be effective in protecting rights and preventing harm to people in detention. It can be accessed here.

Ms Annika Ross– Youth Justice NSW, Australia
Ms Annika Ross has spent her career supporting and engaging with young people at risk. Her university studies focused on grass roots programs for young people through community arts and recreation. This was strengthened through master’s studies in Social Science. Annika has spent the last 17 years working with young people who offend, both in NSW and the UK. Annika has worked for Youth Justice NSW since 2006, in various operational roles and has been most recently managing the Strategic Projects Unit. This role handles a diverse portfolio of policy and project work for the agency including leading the Child Safe Framework, the Disability Action Plan, The Domestic and Family Violence Strategy and diversity, inclusion and wellbeing work for staff and young people.
Mr Thomas Lang– Head of Services, Manchester Youth Justice, Children’s and Education Directorate, United Kingdom

About the Discussant

Ms Anne Longfield CBE
Ms Anne Longfield CBE is Chair of the Commission on Young Lives.
From March 2015 to February 2021, Anne was the Children’s Commissioner for England.
Anne has spent the last three decades working to improve the life chances of children, particularly the most vulnerable. She previously led a national children’s charity and has also worked on the delivery of the Sure Start programme in the Cabinet Office. Anne is a passionate champion for children, influencing and shaping the national debate and policy agenda for children and their families. She spent many years campaigning for better childcare, often at a time when many saw the issue as obscure or niche. As Children’s Commissioner, Anne spent six years championing the rights and interests of children with those in power who make decisions about children’s lives, acting as children’s â€˜eyes and ears’ in the corridors of power in Whitehall and Westminster. Anne is also Special Advisor to the Lords Public Services Committee on their inquiry into public services and vulnerable children and is the Independent Chair of the NHS Children and Young People Learning Disability and Autism Board.
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Wednesday, 25 October 2023
Cost: Free
Time:Â 7- 8.30pm AEST
Location:Â Online (please note, an in-person offering is not available)
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Capacity is extremely limited. If your availability changes, we ask that you promptly update your registration accordingly so we can allocate your space to another participant.

Contact
General enquiries may be directed to: law.events@sydney.edu.au
Research related enquiries may be directed to:Â garner.clancey@sydney.edu.au or h.l.smithson@mmu.ac.uk

Gratuitous Concurrence and the Role of the Prosecutor
2023-10-26 00:00
2023 Criminal Law CPD Series: Gratuitous Concurrence and the Role of the Prosecutor – Presenting a Fair and Firm Crown Case in the Face of Sociolinguistic Challenges

Ethics & Professional Responsibility
CPD Points: 1.5
About
A unique challenge faced in the adversarial system is that the prosecution only â€˜wins’ when justice is done. An agreeable witness may, prima facie, seem like a blessing for those bringing the prosecution case. However, the presentation of a fair and firm prosecution in the criminal justice system must be reconciled with three distinct considerations:

The over-representation of Indigenous Australians interacting with the criminal justice system;
The phenomena of gratuitous concurrence – that is, the Indigenous Australian cultural practice of agreeing to direct questions to placate or appease the questioner; and
A prosecutor’s obligation to act fairly to the accused, act with integrity, and be mindful of cultural sensitivities – especially those relating to Aboriginal and Torres Strait Islander people.

How, then, are a prosecutor’s obligations discharged in the face of appeasement? The presentation aims to give an overview of the role of the prosecutor, as a minister of justice, and the distinct ethical framework the Crown operates in. From that overview, authorities which have developed and considered the phenomena of gratuitous concurrence are discussed. These decisions, and â€˜practical’ applications, are contrasted with research and analyses of the phenomena within academia. The synthesis of academia and common law development are considered in extant justice stakeholder and law reform bodies, and what recommendations have been made, and are on foot.
Presenters
Shannon Matchett is a solicitor employed by the NSW ODPP, who currently practises in Wagga Wagga. Previously, he prosecuted in Parramatta and the Sydney West Trial Courts. Shannon graduated from the University of New England in 2018 whilst employed as a researcher in criminology, focusing on Family Law and judicial interpretations of the â€˜best interests of the child’. Shannon’s major research interest concerns how psychology and the law intersect. He has previously presented CPDs on extra-curial punishment, tribal punishments (and their status/recognition within statutory framework) – and is working towards a later presentation on assessing demeanour/body language, and the perils of armchair psychology in the jury room.

A recording of this webinar will be released on Thursday, 26 October 2023.
Find out more about the series.

Self-represented Accused and Appellants in the Criminal Justice System and a Prosecutor's Duty
2023-11-23 00:00
2023 Criminal Law CPD Series: Self-represented Accused and Appellants in the Criminal Justice System and a Prosecutor’s Duty

Ethics & Professional Responsibility
Professional Skills
CPD Points: 1.5
About
Self-represented accused and appellants often add complexity and time to court proceedings. Prosecutors have a unique role in matters involving such persons, as they must balance their duty to the Court and their responsibilities to the ODPP. On one hand, the prosecutor must act on behalf of the State and related stakeholders (e.g. victims, police) and, on the other, they must assist the Court to ensure that justice is effected quickly. This seminar will consider such issues as: what a self-represented actually is; the arrangements that are made for self-represented litigants in the criminal justice system; relevant prosecution guidelines; practical issues that arise concerning self-represented litigants; balancing prosecutorial duties with the duty to assist the Court; and case law that bears on such issues.
Presenters
Felicity Evans is a Solicitor with the NSW ODPP, based at Parramatta. Felicity has significant experience in District Court appeals involving self-represented litigants and holds a JD from UNSW and an LLM in Global Laws from the University of Sydney.

A recording of this webinar will be released on Thursday, 23 November 2023.
Find out more about the series.

Corruption, Criminal Law, and China: Offering and Accepting Bribes
2024-02-20 17:00 - 18:00 | Common Room, Level 4, Sydney Law School
Corruption, Criminal Law, and China: Offering and Accepting Bribes

In-person event
The XII Amendment to Criminal Law of P.R.C adopted by the Standing Committee of People’s Congress on 29 December 2023 is guided by two principles. One is to enhance protection for private enterprises and the other is to punish offering bribes and accepting bribes equally. The reason that accepting bribes, which has been punished ever since the foundation of P.R.C, is stressed now is of course the serious situation of bribery. Meanwhile, although the logic behind this is acceptable, whether legislative purpose can be realized to a high degree depends on judicial efforts.
Judging from typical cases and relative statistics, I believe four principles should be observed in terms of criminal law. In the first place, different approaches should be taken to deal with offering bribes committed by organizations and individuals. Compliance model might be a choice. Secondly, crime and civil or administrative violation should be carefully differentiated to prevent criminal punishments from leading to undue harms. Thirdly, the question whether public authorities can be charged with offering or accepting bribes should be answered in specific context. Finally, more flexible systems, such as disqualification and corporate probation, should be considered.
Speaker
Professor Zhenjie Zhou,Â Vice Dean, Beijing Normal University School of Law, China
Zhenjie Zhou, Professor and Doctor of Law. He is now vice Dean of Beijing Normal University College for Criminal Law Science Â He obtained his Doctor degree at the Law Institute of Chinese Academy of Social Sciences, and then worked at Waseda Institute for Advanced Sciences (Japan) for three years. He was visiting fellows at several internationally renowned academic institutions such as the Center for Criminology at Oxford University (UK) and Australia Research Center for Excellences at Griffith University (Australia). His academic achievements in many fields, including fundamental principles of criminal law, corporate crime and history of criminal law, can be seen in books and articles he has published in Chinese, English and Japanese, awards from authoritative organizations such as Chinese Academy of Social Sciences and Chinese Law Society and research funds supported by high level organizations such as EU and National Foundation of Stoical Sciences of China.
Commentators

Peili Ying, Professor at the Criminal Law School of East China University of Political Science and Law, he serves as the Vice President of the Chinese Society of Criminology, President of the Shanghai Society of Criminology, and President of the Social Governance Research Society of the Shanghai Law Society. His main research focus is criminology, and he has undertaken several research projects funded by the Supreme People’s Procuratorate and the Ministry of Education. Pei Li has published over 10 academic papers and authored three monographs.
Judy Zhou is a Consulting Solicitor of Taylor Rose Australia with dual-qualifications in both Australia and China who has a practice focus of financial and white-collar crime, proceeds of crime litigation, investigations and dispute resolution, and legal advisory concerning AML/CTF and corporate compliance. Judy is also an ACAMS certified Anti-Money Laundering Specialist. Having previously worked at a leading criminal defence law firm in Australia, Judy is the winner of Lawyers Weekly 30 Under 30 Awards criminal law category, and was nominated by Finance Monthly as the Australian White Collar Crime Defense Lawyer of the Year in 2022 and 2023.

Tianqi Gu received her PhD from the Sydney Law School. She is the recipient of an Australian Government Research Training Program scholarship. Tianqi obtained an LLB from Dalian Maritime University and two LLMs from University College London and the University of Sydney, respectively. Tianqi’s research focuses on the impact of China’s latest round of State-owned Enterprise (SOE) reforms on Chinese SOEs’ foreign investment in Australia. Tianqi and professor Vivienne Bath co-authored a book chapter titled Foreign Investment, Investment Treaties, and Corruption in China and Hong Kong for the book Corruption and Illegality in Asian Investment Arbitration, which will be published in 2024.

Chair
Associate Professor Jie (Jeanne) Huang, Sydney Law School.
Tuesday 20 February
Time:Â 5-6pm
CPD Points: 1
Venue:Â Common Room, Level 4, New Law Building (F10)

This event is proudly co-presented by the Centre for Asian and Pacific Law and the Sydney Institute of Criminology at the University of Sydney Law School.

2024 Paul Byrne Memorial Lecture: The Rule of Law in Modern Australia
2024-02-28 18:00 - 19:30 | Law Foyer, Level 2
2024 Paul Byrne Memorial Lecture: The Rule of Law in Modern Australia
Delivered by The Honourable Chief Justice Lucy McCallum
In-person event
**This event is now at full capacity. A recording will be released after the event.**
About the speaker
Chief Justice Lucy McCallum graduated with a BA/LLB from the University of New South Wales in 1986, majoring in philosophy.Â She commenced her legal career as a commercial litigation solicitor at Mallesons Stephen Jaques in Sydney before moving to Canberra to take up a position as a prosecutor in 1988.Â In 1990, her Honour joined the Queensland DPP as a trial advocate.Â She returned to Sydney in 1991 to become a barrister, taking silk in 2005.Â In 2008, her Honour was appointed as a judge of the Supreme Court of New South Wales in the Common Law Division.
In 2016, Chief Justice McCallum was appointed Chair of the NSW Judicial Commission Ngara Yura Committee, which works to educate judicial officers on matters relating to contemporary socio-cultural issues that have an impact on Aboriginal people in the justice system. In February 2019, she was elevated to the New South Wales Court of Appeal.Â Her Honour was sworn in as Chief Justice of the Australian Capital Territory on 8 March 2022.Â Her personal interests include a range of outdoor adventure sports as well as cooking, music and reading.
WEDNESDAY 28 FEBRUARY 2024
Time:Â 6-7.30pmÂ (followed by a cocktail reception)
This event is being held in-person at Sydney Law School.

CPD Points:Â 1.5

The Paul Byrne Memorial Fund
The Paul Byrne Memorial Fund was set up to honour and continue Paul’s interest in the criminal justice system by supporting the ongoing activities of the Institute of Criminology, such as lectures, seminars, publications, and awards. Attendees of the Paul Byrne SC Memorial Lecture are warmly invited to make a donation to The Paul Byrne SC Memorial Fund.
Gifts to The Paul Byrne SC Memorial Fund support the activities of the Institute of Criminology and other activities in the field of criminal law at Sydney Law School, in memory of the late Paul Byrne SC.

This event is proudly hosted by the Sydney Institute of Criminology, highlighting the Institute’s support of critical criminal justice research, practice, policy and debate.
