Legal Aid NSW Criminal Law Division

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

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) 268 CLR 57; [2019] HCA 48 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 McGregor v R [2024] NSWCCA 200   If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com

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] NSWSC 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 suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com

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 be contacted on: 5casespodcast@gmail.com

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 65 [redacted] R v Kellson [2024] NSWDC 137    If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com

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 Paul highlight the following cases: R v Early (No 4) [2023] NSWSC 505 Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363 The King v Anna Rowan – A Pseudonym [2024] HCA 9 R v Bredal [2024] NSWCCA 75 McMillan v R [2024] NSWCCA 83   If you wish to reach out with comments or suggestions for future episodes, the hosts can be contacted on: 5casespodcast@gmail.com

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening.   A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In our final episode, Hayley speaks with Jane Corcoran and Rachael Dobson about family and crime cross-practice issue.   In this episode Hayley refers to the Family Advocacy and Support Services (FASS). Clients can be referred for legal advice by calling 1800 551 589.  Social support workers for men can be reached on 1300 003 277 and social support workers for women can be reached on 1800 113 277.  

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening.   A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In this episode Hayley speaks with Madeleine Avenell SC, Rodney Vlais and Dr Andrew Ellis about working with offenders.   This episode also includes reference to a case where a special verdict was reached. The case referred to is the decision of R v Huynh [2023] NSWSC 920. The full judgment can be read here.

Content warning: This series deals with distressing themes. It discusses domestic and family violence and deceased persons, alongside working with and defending perpetrators of violence. Please ensure you exercise discretion and sensitivity when listening.   A podcast series on the coercive control reforms hosted by Hayley Dean. This series is part of a Legal Aid NSW training package on coercive control. In this episode Hayley speaks with Madeleine Avenell SC, Rodney Vlais and Dr Andrew Ellis about working with offenders.