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. 4d ago

    5 Cases Podcast - Episode 30 with The Honourable Andrew Bell AC, Chief Justice of New South Wales

    In a very special 30th episode, the Chief Justice of New South Wales, The Honourable Andrew Bell AC, joins all three hosts. The Chief Justice reveals insights about his path to the role, the inner workings of the Supreme Court and the way judges work together. We also hear the Chief Justice speak about Solutions Focused Justice, developments in the law and the importance of the Liberato direction. Totaan v The the Queen [2022] NSWCCA 75; 108 NSWLR 17 Haile v The Queen [2022] NSWCCA 71 Vamadevan v The King [2024] NSWCCA 223 Stanley v DPP (NSW) [2023] HCA 3; 278 CLR 1 Taylor v R [2020] NSWCCA 355 The Chief Justice on principles of Crown Appeals      6. R v White [2025] NSWCCA 111       7. R v Thompson [2025] NSWCCA 133 The Court of Appeal on protest powers      8. Jarrett v State of New South Wales [2026] NSWCA 62 Paper Browne v Dunn: Putting a Dangerous Weapon in the Hands of a Prosecutor, by Squadron Leader Michael King, NSW Deputy Senior Public Defender.  From Criminal CPD Library:https://www.criminalcpdlibrary.com.au/ Speeches by the Chief Justice Opening remarks at Solution Focused Justice: A Cross Jurisdictional Symposium When an accused goes into evidence Statement on bail “The year that was – challenges at every turn” Opening of Law Term Address See more from the Chief Justice at: Collection of the Chief Justice’s speeches The podcast hosts wish to thank Anais Bouchier, law student for research work for this episode. https://www.linkedin.com/in/anais-bouchier-91313a299/

  2. Jul 22

    5 Cases Podcast - Episode 29

    Episode 29 of the 5 Cases Podcast; Is everyone at CLANT? Caitlin and Paul are jealous but review 5 cases for you on the topic of fitness in the Children's Court; costs in the Local Court; The rule in Hofer v The Queen; objections to the admissibility of recorded interviews and the treatment of Edwards-style lies.  The cases discussed are: R v Nick [2026] NSWChC https://www.caselaw.nsw.gov.au/decision/19ed2e2b7a4450339aa3cf04 M v Joya [2025] NSWSC 1569 https://www.caselaw.nsw.gov.au/decision/19b2f2df56a559dfd0f6140a Douglas v R (a pseudonym) [2026] NSWCCA 85 https://www.caselaw.nsw.gov.au/decision/19ed3312f144fb3c80edbe6c R v GH [2026] NSWSC 740 https://www.caselaw.nsw.gov.au/decision/19eeddb253bbba89ca924758 [not published]  v R [2026] NSWCCA 75: https://www.caselaw.nsw.gov.au/decision/19e965108e069f60a4257dc5  Section 18B of the Drug Court Act: https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-150#sec.18B

  3. Jun 21

    Cross Examining Police: Kellie Stares SC

    In this episode, barrister Kellie Stares SC shares practical insights from her experience on how to effectively cross-examine police officers. She explores strategies for dealing with experienced officers who are familiar with court processes and skilled at managing their presentation in the witness box. Kellie discusses techniques she uses to achieve fair outcomes, including carefully working through the paper trail, understanding what police guidelines require to go in notebook entries, and leveraging material uncovered through subpoenas. She also examines the serious consequences of “tunnel vision” in the prosecution of matters, and how it can negatively impact innocent accused persons.    Kellie is presenting at the upcoming Criminal Law Conference and is nominated for the Terry Keaney Award alongside fellow members of the profession Rose Khalilizadeh, Cathy Hunter, Crystal Triggs and Elly Mason. You can find out more information about Kellie and her upcoming trial advocacy and summary hearing advocacy workshops at www.emalegaleducation.com.au

  4. May 28

    5 Cases Podcast - Episode 28

    In this bumper episode, Sophie Anderson and Caitlin Akthar talk you through the new must-know High Court authority on tendency, The King v AR [2026] HCA 10; how to stop unfair Crown questioning of accused in McGuire v R [2021]NSWCCA 287 and [redacted]; the admissibility of expert certificates in JS v Director of Public Prosecutions (NSW)[2026] NSWCA 58, and whether the strength of the Crown case affects the utilitarian discount in SH v R [2026]NSWCCA 35. 1. The King v AR [2026] HCA 10 2. McGuire v R [2021] NSWCCA 287 3. [REDACTED] 4. JS v Director of Public Prosecutions (NSW) [2026] NSWCA 58 5. SH v R [2026] NSWCCA 35 Palmer v The Queen (1998) 193 CLR 1

  5. Apr 30

    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

  6. Mar 31

    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

  7. Mar 8

    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.

  8. Jan 5

    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

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