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SUMMARY:Advocacy in the Children's Court
DESCRIPTION:2023 Criminal Law CPD Series: Advocacy in the Children’s Court: Considerations for Criminal Matters Involving Children and Young Persons\n  \nEthics & Professional Responsibility \nProfessional Skills \nCPD Points: 1.5 \nAbout \nThe Children’s Court deals with a wide range of cases across NSW involving children and young people. In its criminal jurisdiction\, matters involve defendants under the age of 18 years. There are a number of complexities in the legislation as to how certain charges involving children and young persons proceed including considerations of doli incapax and whether the charges can remain at the summary level or whether they should be dealt with “at law” in a higher court. This presentation will discuss the issues around the age of criminal responsibility and the committal process in the Children’s Court. This presentation will assist lawyers practising criminal law who appear in the Children’s Court and provide perspectives from the bench\, prosecution\, and defence. \nPresenters \nJudge Ellen Skinner was admitted to the legal profession in 1999\, having graduated from the Australian National University in Arts and Law. Judge Skinner has served as Managing Solicitor at the Aboriginal Legal Service and worked at the ODPP and Legal Aid. Judge Skinner was appointed to the Bench in 2009 as a magistrate and was the youngest magistrate ever appointed in New South Wales. On 22 November 2021\, Judge Skinner was appointed as the President of the Children’s Court of NSW and a judge of the District Court. \nShannon Richards is a Solicitor Advocate at the NSW Office of the Director of Public Prosecutions. He has been practising law since 2003 and has worked in both commercial\, government and military legal environments. Shannon was previously a prosecutor with the Office of the Director of Military Prosecutions and joined the NSW Office of the Director of Public Prosecutions in 2015. He regularly appears in jury trials in the District Court and complex hearings in the Local Court and Children’s Court. Shannon appears in courts-martial and Defence Force Magistrate hearings on behalf of the prosecution and defence. \nJames Clifford is the Managing Solicitor of the Children’s Criminal Practice at the Aboriginal Legal Service (NSW/ACT)\, practicing primarily on Gadigal and Dharug land. He completed his studies at the University of Sydney before commencing private practice in criminal and employment law. Since commencing with the ALS in 2017\, he has represented Aboriginal young people extensively in the Youth Koori Court and mainstream courts. \n\n\nA recording of this webinar will be released on Thursday\, 28 September 2023. \nFind out more about the series.
URL:https://law-events.sydney.edu.au/event/advocacy-in-the-childrens-court/
CATEGORIES:CPD eligible events,Criminology events
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DTSTART;TZID=Australia/Sydney:20230928T000000
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UID:1634-1695859200-1695859200@law-events.sydney.edu.au
SUMMARY:Probative Value and Admissibility in the Criminal Trial
DESCRIPTION:2023 Criminal Law CPD Series: Probative Value and Admissibility in the Criminal Trial: Focus and Holism\nSubstantive Law \nCPD Points: 1.5 \nAbout \nIn 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 – from Pfennig v The Queen (1995) 182 CLR 461 through Phillips v The Queen (2006) 225 CLR 303 to TL v The King (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. \nPresenter \nDavid 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. \nA 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. \nAnother 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. \n\n\nRescheduled date: A recording of this webinar will be released on Thursday\, 28 September 2023. \nFind out more about the series.
URL:https://law-events.sydney.edu.au/event/probative-value-and-admissibility-in-the-criminal-trial/
CATEGORIES:CPD eligible events,Criminology events
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