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Legal Aid NSW Criminal Law Division

Legal Aid NSW

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

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All Episodes

19:12

5 Cases Podcast - Episode 23

Legal Aid NSW Criminal Law Division ·

2025/10/27

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

15:25

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

Legal Aid NSW Criminal Law Division ·

2025/10/07

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

18:03

s22C Bail Act (part 1): Its impact on children and...

Legal Aid NSW Criminal Law Division ·

2025/10/07

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

17:18

5 Cases Podcast - Episode 22

Legal Aid NSW Criminal Law Division ·

2025/09/14

Caitlin and Sophie discuss bail, in the Local Court pending DC Appeal of Allsopp v R [2025] NSWDC 338, the test for making AVOs in Smith v Blanch [2025] NSWCA 188, sentencing for Form 1 offences in Koosmen v R [2025] NSWCCA 122, whether a causal nexus is required to take mental illness into account in Lane v R [2025] NSWCCA 113, and whether you can be struck off the roll for being rude in Council of the Law Society of New South Wales v Sideris [2025] NSWCA 159.You can find a link to all the cases

21:13

5 Cases Podcast - Episode 21

Legal Aid NSW Criminal Law Division ·

2025/08/18

Sophie and special guest, Chanel Beesley Barrister discuss the law of tendency in a recent discussion on a Judges Directions and the importance of how those directions are put to a jury in MDP v The King, HCA 24, the importance of not using AI and passing it off as your own submissions, in Valu v Minister for Immigration and Multicultural Affairs (No. 2) [2025] FedcFamC2G 95 ; more Tendency - but what is reasonable notice if it’s not 21 days in Wright v R [2025] NSWCCA 108; s23 discounts in

23:59

Justice Advocacy Service

Legal Aid NSW Criminal Law Division ·

2025/08/11

An interview with Judy Harper, Program Director and Taylor Budin, lived experience person from Justice Advocacy Service. We deep dive into some wisdoms on how to best engage with people who have a cognitive impairment, the services JAS offer, and how their support can benefit vulnerable clients attending court. You can find out more information about JAS via About JAS - IDRS or access their 24/7 phone line for people in police custody on 1300 665 908.

19:16

The 5 Cases Podcast - Episode 20

Legal Aid NSW Criminal Law Division ·

2025/06/22

Caitlin discusses the law of arrest in State of New South Wales v Dennis [2025] NSWCA 118, consent and intoxication in sex offences in Smee v R [2024] NSWCCA 121, EAGP Discounts in Rokovada v R [2025] NSWCCA 64, Bugmy principles and general deterrence in NK v R [2025] NSWCCA 73 and reducing a sentence for ‘quasi-custody’ in Testici v R [2025] NSWCCA 88.Going to the Legal Aid Conference or Criminal Lawyers Dinner? Head to the website here: 2025 Criminal Law Conference

19:40

The 5 Cases Podcast - Episode 19

Legal Aid NSW Criminal Law Division ·

2025/05/20

Welcome to Episode 19 of the 5 cases podcast. In this episode, Caitlin and Sophie discuss :Complainant demeanour in The King v Ryan Churchill (a pseudonym) [2025] HCA 11. The High Court weighs in on prosecutorial disclosure in Brawn v The King [2025] HCA 20, The legal effect of agreements between the Crown and accused in Sayer-Jones v R 2022 NSWCCA 99 An important case on the correct process for managing Sexual Assault Communications Privilege or SACP issues in JK v R [2025] NSWCCA 44; The

34:24

CDTCC: Compulsory Drug Treatment Correctional Centre

Legal Aid NSW Criminal Law Division ·

2025/05/05

'CDTCC is a wonderful tool, in an advocate's toolkit.' Pete Bartels is a senior lawyer and subject matter expert on the CDTCC. He joins Martin Dalitz, senior Drug Court lawyer as they chat about how to get clients accepted, what the program looks like and why it's changing lives.

56:09

Your Honour, it’s a cultural thing! Black Letter...

Legal Aid NSW Criminal Law Division ·

2025/04/15

The Aboriginal Service Branch (ASB) has put together a new podcast episode called ‘Your Honour, it’s a cultural thing! Black Letter Lore: Representing Mob with Culture in Mind.’ In this podcast, Director, Kim Hamer, Senior Solicitor Taylah Gray, and Senior Project Officer, Kyle Burgess, unpack the best practices for culturally appropriate representation, the role of Aboriginal Field Officers, and the importance of understanding Indigenous kinship, language, and cultural obligations.

18:08

The 5 Cases Podcast - Episode 18

Legal Aid NSW Criminal Law Division ·

2025/04/08

Paul and Caitlin discuss the High Court’s decision on judicial immunity, the common-law offence of escape, a new case on 22C of the Bail Act, mental health diversion for Commonwealth offences, and the extent of a Children’s Court sentencing powers in the following cases:Queensland v Mr Stradford (a pseudonym) [2025] HCA 3 Elali v R [2025] NSWCCA 9 R v JS [2025] NSWSC 116 R v Skapik [2025] NSWCCA 19 PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16

34:28

The 5 Cases Podcast - Episode 17 - Special Guest...

Legal Aid NSW Criminal Law Division ·

2025/03/24

In this episode Sophie and Paul chat with Raelene Sharp KC, about her first year at the CDPP, what solicitors can expect if they work at the CDPP, and 5 Commonwealth cases.Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) R v Munro [2024] QCA 136 (30 July 2024) Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024) McGregor v R [2024] NSWCCA 200 The King v Hatahet [2024] HCA 23 (12 June 2024)

20:34

The 5 Cases Podcast - Episode 16

Legal Aid NSW Criminal Law Division ·

2025/02/08

Sophie and Caitlin discuss coercive control, extending AVOs in order to revoke them, the Liberato direction and the assessment of objective seriousness on sentence in the following cases:Pickford & Pickford [2024] FedCFamC1A 249 Elahmad v R [2024] NSWCCA 250 Commissioner of NSW Police v Murphy [2024] NSWCA 311 Evans v R; Evans v R [2024] NSWCCA 245 JL v R [2024] NSWCCA 246

24:31

The 5 Cases podcast - Episode 15 part 2

Legal Aid NSW Criminal Law Division ·

2025/01/22

In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases:DPP v Smith [2024] HCA 32 BQ v R [2024] HCA 29 R v Fisher [2024] NSWCCA 191 Barker v R [2024] NSWCCA 227 KL [2024] NSWSC 1334

19:44

The 5 Cases Podcast - Episode 15 part 1

Legal Aid NSW Criminal Law Division ·

2025/01/22

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests. Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases: R v TW [2024] NSWSC 1504 R v BH [2024] NSWSC 1577 Chiha v R [2024] NSWCCA 222 R v Jones [2024] NSWCCA 236 Vamadevan v The King [2024] NSWCCA 223

18:23

The 5 Cases Podcast - Episode 14

Legal Aid NSW Criminal Law Division ·

2024/12/20

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests.Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Paul and Caitlin collaborate to discuss the following cases: Omigie v R [2024] NSWCCA 205 Bhatt v R [2024] NSWCCA 214 Knight v R [2024] NSWCCA 211 WP v R [2024] NSWCCA 77 BAP v R [2024] NSWCCA 206 During the discussion on WP v R, Paul refers to three resources to confirm the changes to maximum penalties for

17:51

The 5 Cases Podcast - Episode 13

Legal Aid NSW Criminal Law Division ·

2024/12/09

A podcast series by Sophie Anderson, Paul Coady and Caitlin Akthar, with some special guests.Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Caitlin and Sophie have met on Gadigal land to record and discuss the following cases: Lee v R (Cth) [2024] NSWCCA 202 R v Youseff (No 3) [2024] NSWSC 1261 RE v R [2024] NSWCCA 180 Barwick v R [2023] NSWCCA 139 when discussing this case, Caitlin also refers to the following two cases: De Silva v The Queen (2019)

20:56

The 5 Cases Podcast - Episode 12

Legal Aid NSW Criminal Law Division ·

2024/09/23

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests.Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin team up on Bundjalung Country to discuss the following cases: Heywood v Local Court of New South Wales [2024] NSWCCA 1047 Behi v R [2024] NSWCCA 89 Keen v R [2024] NSWCCA 157 R v Martin [2024] NSWSC 968 Rabieh v R [2024] NSWCCA 154 If you wish to reach out with comments or

15:30

The 5 Cases Podcast - Episode 11

Legal Aid NSW Criminal Law Division ·

2024/08/26

A podcast series by Caitlin Akthar, Sophie Anderson and Paul Coady, with some special guests.Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie is working solo and discusses the following cases: Cook (a pseudonym) v The King [2024] HCA 26 Obian v The King [2024] HCA 18 BQ v The King [2024] HCA 29 Steven Moore (a pseudonym) v The King [2024] HCA 30 [redacted] If you wish to reach out with comments or suggestions for future episodes, the hosts can

19:17

The 5 Cases Podcast - Episode 10

Legal Aid NSW Criminal Law Division ·

2024/07/18

A podcast series by Paul Coady, Sophie Anderson and Caitlin Akthar, with some special guests.Each episode will summarise 5 cases relevant to criminal lawyers in NSW. In this episode, Sophie and Caitlin highlight the following cases: Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 Commissioner of NSW Police v Murphy [2024] NSWSC 617 / Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (we are counting this as one case, okay?) Baydoun v R [2024] NSWCCA

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Legal Aid NSW Criminal Law Division

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