Legal Aid NSW Criminal Law Division

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.

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 

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)

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

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

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

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 sexual offences. Those three resources are: ​Legislative Changes to Sexual Offences | The Public Defenders Home Lawcodes The Point in Time versions of legislation on the Home - NSW legislation website   If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com