Criminal Bar Events & Cpds

Criminal

The Ethics of Criminal Defence

The Criminal Bar Association
19Aug

In this CPD, two experienced criminal defence practitioners will discuss the ethical rules that govern criminal defence, including the requirement to robustly advance a client’s case, and how any erosion of the fundamental underpinnings of the criminal justice system intersects with access to justice, particularly for those from disadvantaged backgrounds. These themes will be explored through case examples.

CLICK HERE TO RSVP

This is an in-person event and will also be available online via livestream. The session will also be recorded for viewing later.

Speaker(s): 
Amanda Burnnard (Chair), Ruth Shann SC and Amy Brennan
When: 
Monday, 19 August, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Ethics & Professional Responsibility;
FOUNDATION
INTERMEDIATE
ADVANCED
EP
Book Event

Communicating with Aboriginal clients: a sociolinguistic perspective

28Jul
The Indigenous Justice Committee, the Criminal Bar Association and the Commercial Bar Association (Public Law Section)

Recognition of, and respect for, Aboriginal people and their culture, Country and history should be at the heart of all interactions, whether personal or professional, between non-Aboriginal and Aboriginal people. But that is often not enough to result in good communication with mutual understanding between non-Aboriginal lawyers and their Aboriginal clients.

In this CPD session, Dr Diana Eades, FAHA (Adjunct Professor, University of New England) will examine this professional communication through a sociolinguistic lens. Most Victorian Aboriginal people speak English as their main language. But often, it may be Aboriginal English, which can differ from mainstream Australian English in subtle ways – in accent, word choice and meaning, sentence structure, and ways of using English. But having an awareness of the possibility of dialectal differences is also not enough to result in good communication with mutual understanding.

Taken-for-granted assumptions about good communication are culturally-based. A lack of awareness of the role that culture plays in communication has the potential of jeopardising a lawyer’s work with an Aboriginal client or witness. Participants will be encouraged to think about the practical implications for their work of some key cultural differences in assumptions about language and communication.

Dr Eades’ presentation will be followed by reflections and discussion with Greer Boe and Andrew Woods, two members of the Bar with extensive experience working with and for First Nations clients and witnesses.

Dr Eades’ biography: https://www.une.edu.au/staff-profiles/hass/deades

Greer Boe’s biography: https://www.parnellsbarristers.com.au/barrister/greer-boe/

Andrew Woods’ biography:  http://www.vicbar.com.au/profile/7420

CLICK HERE TO RSVP

This is an in-person event for barristers only and will also be available online via livestream. The session will also be recorded for viewing later.

Speaker(s): 
Dr Diana Eades, Andrew Woods and Greer Boe
When: 
Sunday, 28 July, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Substantive Law; Barristers Skills;
FOUNDATION
INTERMEDIATE
ADVANCED
SL
BS
Book Event

Conspiracy contrary to s 11.5(1) of the Commonwealth Criminal Code

The Criminal Bar Association
22Jul

Recently, in DPP (Cth) v Knopp (a pseudonym) & Anor [2023] VSCA 315, the Court of Appeal allowed the Director’s interlocutory appeal against the dismissal by a trial judge, pursuant to s 11.5(6) of the Criminal Code, of a charge of conspiracy contrary to s 11.5(1). The Court set aside the dismissal notwithstanding that the charge encompassed substantive offences by the accused concerning two very large commercial importations of methamphetamine. The Court's decision considers the limits of s 11.5(6), and the principles which may justify the choice of a conspiracy charge by the DPP (Cth) even when charges for substantive offences are available, taking into account the observations of the High Court in R v Hoar (1981) 148 CLR 32.

Raelene Sharp KC, DPP (Cth), will discuss the approach of her office in considering whether to prosecute and give express consent pursuant to s 11.5(8) to a charge of conspiracy in the light of Knopp. Paul Holdenson KC, who was lead counsel for the DPP (Cth) in Knopp, will explain and discuss the implications of the decision.

CLICK HERE TO RSVP

This is an in-person event and will also be available online via livestream. The session will be recorded for viewing later.

Speaker(s): 
Shaun Ginsbourg (Chair), Raelene Sharp KC- CDPP and Paul Holdenson KC
When: 
Monday, 22 July, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Substantive Law; Barristers Skills;
FOUNDATION
INTERMEDIATE
ADVANCED
SL
BS
Book Event

“Did my client really say that?” How to determine the reliability of a transcript of a covert recording

The Criminal Bar Association
3Jun

Covert recordings are routinely admitted in criminal trials. When the audio is indistinct, a transcript, often prepared with investigators, can be provided to assist the court in understanding the content. It is now well established that an inaccurate transcript can ‘assist’ listeners to hear words that were never spoken. This presentation considers these issues from the perspective of linguistic science, making recommendations that may be useful both in individual cases and on a broader scale.

CLICK HERE TO RSVP

This is an in-person event and will also be available online via livestream. The session will be recorded for viewing later.

Speaker(s): 
Peter Matthews (Chair), Professor Helen Fraser (Univ of Melbourne), Michael Stanton, Paul Smallwood
When: 
Monday, 3 June, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Barristers Skills;
FOUNDATION
INTERMEDIATE
ADVANCED
BS
Book Event

Judicial College of Victoria: How to use bench books and other resources effectively

The Criminal Bar Association
21May

The Judicial College Bench books (including the Victorian Sentencing Manual and Criminal Charge Book) are a valuable resource for practitioners and the judiciary alike. Learn how to navigate these new resources and how best to utilise them in practice. There will also be an opportunity for CBA members to provide feedback to the JCV about the features of the new bench books. Members are encouraged to provide feedback or suggestions when registering so that these matters can be constructively addressed by JCV during the session.

CLICK HERE TO RSVP

This is an in-person event only and will also be available online via livestream. The session will be recorded for viewing later.

Speaker(s): 
Amanda Burnnard (Chair), His Honour Judge O’Connell (County Court of Victoria) and Ms Kerryn Cockroft (Judicial College of Victoria)
When: 
Tuesday, 21 May, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Barristers Skills;
FOUNDATION
INTERMEDIATE
ADVANCED
BS
Book Event