Legal Aid NSW Criminal Law Division

Legal Aid NSW

Criminal Law updates, matters of relevance and interest to lawyers who practise in criminal law.

  1. 30 APR

    5 Cases Podcast - Episode 27

    Paul and Sophie take you through brief service order requirements in the Local Court in Nash v Local Court of NSW [2026] NSWSC 197. Local Court Judge powers to refuse entry of a plea in Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100. Ethical and practical considerations on advising your client whether to give evidence in their trial in AA v R [2026] NSWCCA 10. Aggregate sentencing in Commonwealth matters in The King v McGregor [2026] HCA 3 and special circumstances and what those circumstances may be in Duncan v R [2026] NSWCCA 19. 1. Nash v Local Court of NSW [2026] NSWSC 197 2. Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100 3. AA v R [2026] NSWCCA 10 4. The King v McGregor [2026] HCA 3 5. Duncan v R [2026] NSWCCA 19

    24 min

  2. 31 MAR

    5 Cases Podcast - Episode 26

    Catch up on recent case law; and step back in time to 1884, in this recent episode of the 5 Cases Podcast, with guest Professor David Heilpern. Episode 26 is packed with refreshers on the law, current decisions and favourite cases picked by our special guest.  Dpp v Carr [2002] NSWSC 194 (25 January 2002) Police v Butler [2003] NSWLC 2 R v Dudley & Stephens (1884) 14 QBD 273 BV v R [2025] NSWCCA 217 (12 December 2025) Jindalee Road Wines Pty Ltd v Natural Resources Access Regulator; Littore v Natural Resources Access Regulator [2025] NSWCCA 215 (10 December 2025) Also 2024 Hal Wootten Lecture with Professor David Heilpern - YouTube Report: Good character at sentencing

    39 min

  3. 8 MAR

    Forensic Mental Health: Tom Quilter SC, Dr Andrew Ellis and Callum Hair

    Tom Quilter SC, Dr Andrew Ellis, consultant psychiatrist and Callum Hair, solicitor advocate, come together to discuss what happens in the legal system for people who are charged with a serious offence, who have a mental health or cognitive impairment. They examine the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, assessing a person for fitness, and talk about why early collaboration between criminal and civil systems is important for the long-term recovery of the person and community safety as a whole.  Special thanks to host Rhiannon McMillan and to Michelle McDonald and Helen Shaw for there early work on this podcast.

    42 min

  4. 5 JAN

    5 Cases Podcast - Episode 25

    Paul, Sophie and Caitlin recommend some tv, podcasts and reading to keep criminal lawyers entertained over the holiday period. TV Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury Books Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols. Nancy Duarte (2016). Secrets of the Jury Room. Malcolm Knox (2005) Slide:ology: The Art and Science of Creating Great Presentations. Nancy Duarte (2008). Podcasts The Advocacy Podcast: https://www.theadvocacypodcast.com/ Mushroom Case Daily, (ABC Podcast)https://www.abc.net.au/listen/programs/the-case-of/introducing-mushroom-case-daily/103600002

    24 min

  5. 11/12/2025

    5 Cases Podcast - Episode 24

    Paul, Caitlin and Sophie round out the year with the latest on: The boundaries of search powers under the Firearms Act, LEPRA and the Common Law in AA v Constable Michael Moore [2025] NSWSC 1241  The use of evidence obtained by community vigilantes in Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307  Exclusive possession of drugs and cash in English v R [2025] NSWCCA 184  The application of De Simoni in SZ (a pseudonym) v R [2025] NSWCCA 196 Imposing a non-parole period of more than 75% and considering the total period of custody in Matthews v R [2025] NSWCCA 175

    25 min

  6. 27/10/2025

    5 Cases Podcast - Episode 23

    In this episode, Paul Coady SC will take you through: A listener shout out! A special leave application discussing integrity of judicial power and the ANOM app in CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 and a related book review; An alternative pathway of admissibility in expert reports in Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172. Can you raise good character when there is a pending investigation but no conviction? Find out in the cases of Radburn (a pseudonym v R [2025] NSWCCA 125 and Neil v R [2025} NSWCCA 160. Recklessness and consent will be discussed in a decision that we cant name, but the citation is [2025] NSWCCA 119 and finally, Bugmy principles and whether an offender is an appropriate vehicle for general deterrence in DG v R [2025] NSWCCA 137.  CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172 Radburn (a pseudonym ) v R [2025] NSWCCA 125 Neil v R [2025] NSWCCA 160 [Decision not named] [2025] NSWCCA 119 DG v R [2025] NSWCCA 137 Point Made by Ross Guberman

    19 min

  7. 07/10/2025

    s22C Bail Act (part 2): A practical guide to running applications

    Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law. In part two, all three lawyers will take you through a practical guide to running applications. This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW). The views expressed in this podcast are not necessarily the views of Legal Aid NSW.

    15 min

  8. 07/10/2025

    s22C Bail Act (part 1): Its impact on children and the evolving caselaw

    Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law. In part two, all three lawyers will take you through a practical guide to running applications. This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW). The views expressed in this podcast are not necessarily the views of Legal Aid NSW.

    18 min
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Criminal Law updates, matters of relevance and interest to lawyers who practise in criminal law.

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