Legal Aid NSW Criminal Law Division

It’s back to regular programming! In Episode 31 Sophie and Caitlin discuss: Legitimate forensic purpose in a police subpoena in RS v Commissioner of Police (NSW) [2026] NSWCCA 128 The Carey Defence and Directions and when it doesn’t apply in Aslan - Aslan v R [2026] NSWCCA 123 Cross examination of an accused, and the limits on it or not, in NR v R [2026] NSWCCA 126 Whether you can be convicted on fingerprint and DNA evidence alone in Haouchar v R [2026] NSWCCA 124 And a further reminder that no causal link is required between disadvantaged background and offending when applying Bugmy principles in Armstrong v R [2026] NSWCCA 112

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/

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

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

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

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

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

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.

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

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

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

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.

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.

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 here: ALLSOPP v R[2025] NSWDC 338 Smith v Blanch[2025] NSWCA 188 Koosmen v R[2025] NSWCCA 122 Lane v R [2025] NSWCCA 113 Council of the Law Society of New South Wales v Sideris[2025] NSWCA 159

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 sentencing in Denniss v R [2025] NSWCCA 110 and what are professional costs and what aren’t, in DPP v Peapelll [2025] NSWCA 147 .

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.

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

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 relevance (or lack thereof) of the Guideline decision in Ponfield in MacBlane v The King [2025] NSWCCA 52 Check out the program, buy tickets and register for the 2025 Criminal Law Conference

'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.

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.