Annual Criminal Law Conference - Queensland Law Society

Annual Criminal LawConferenceOverviewThe Annual Criminal Law Conference comprises a series of interactivepresentations and discussions that address critical updates and skills required ofcriminal law practitioners. Presenters and facilitators will provide insights andguidance from regulatory, judicial and specialist practitioner perspectives. Allsessions have been designed to offer practical tips and opportunities within acollegiate forum to seek clarification on any issues or concerns that delegatesmay have in relation to the topics.6 CPD Points

8.40 – 9am Opening address: The Honourable Justice Ann Lyons, Judge, Supreme Court ofQueenslandHer Honour will provide insight and guidance on the practice direction requirements for lengthycases of more than two weeks. Highlighting optional and mandatory requirements of practitioners,Her Honour will also address the expectations of the court and suggestions for what practitionersmay do if caught in the situation of not having all of the information required.Chair: Glen Cranny, Partner, Gilshenan and Luton, Chair of the QLS Criminal Law Committeeand Accredited Specialist – Criminal Law (Qld)9 – 10am Dealing with the loss of the Special Needs, Drugs and Murri courts in QueenslandThe panel will offer insights in response to the loss of the Special Needs, Drugs and Murri courtsin Queensland. Panellists will identify recent experiences of criminal law practitioners in relation tomatters involving mental health problems and special needs. Delegates are encouraged to askquestions and seek guidance in this interactive forum to improve methods of resolving matters.Panellists:Jacqueline Payne, Magistrate, Magistrates CourtSalvatore Vasta, President, Crown Prosecutors Association of QueenslandJoseph Briggs, Counsel, Legal Aid QueenslandFacilitator: Terence Browne, Principal, Arthur Browne & Associates and Accredited Specialist –Criminal Law (Qld)10 – 10.30am Projecting the future of video conferencing in criminal lawThis session presents the evolution of criminal practice and procedure to include videoconferencing in ways that benefit the practitioner and the client. Specific attention will be given to:experiences with the pilot program at the Arthur Gorrie Correctional Centrechanges to conventional approaches used when taking instructionsissues of transferring documents in a secure environmentdealing with traditionally in-person requirements such as signaturesopportunities for increasing access to justice and cost effective practicedemonstrating the merits of embracing this technology.Presenter: Peter Shields, Principal, Peter Shields Lawyers and Accredited Specialist – CriminalLaw (Qld)Facilitator: Terrence Browne, Principal, Arthur Browne & Associates and Accredited Specialist –Criminal Law (Qld)Queensland Law Society – Annual Criminal Law Conference program 1

10.50am – 11.50amTrends in the probative value of corroborative evidence from indemnifiedwitnessesThis session will identify the changing approach to the use of corroborative evidence. Historically,the High Court of Australia stipulated that evidence of an accomplice need not only make theaccomplice’s evidence more probable, but that it must implicate the accused in the offence. Now,criminal law practitioners are presented with a significant evolution of approaches taken in thecases of:R v Baskerville [1916] 2 KB 658, where that evidence “shows or tends to show that thestory of the accomplice that the accused committed the crime is true, not merely that thecrime has been committed, but that it was committed by the accused”.Reg. V Kilbourne [1973] AC 729, whereby corroborative evidence must ‘confirm’,‘support’ or ‘strengthen’ other evidence in the sense that it “renders [that] other evidencemore probable”.R v Hill, Bakir, Gray & Broad; ex parte Cth DPP [2011] QCA 306, where the approachtaken in R v Baskerville and Reg. V Kilbourne vary from the approaches being taken inthe Queensland Court of Appeal.This session will conclude with an opinion on the current law in Queensland as to the proper useto be made by a jury of the corroborative evidence of an indemnified witness.Presenter: Michael Byrne QC, Barrister, Bar Association of QueenslandChair: Peter Shields, Principal, Peter Shields Lawyers and Accredited Specialist – Criminal Law(Qld)11.50am – 12.50pmorLegal Services Commission on failures to avoidThis session provides a review of the legal research and conduct required of criminal lawpractitioners in order to avoid unsatisfactory conduct and professional misconduct. Discussion willcentre on the aspects of day-to-day practice that can be easily overlooked when takinginstructions, consulting legislation or representing clients in criminal matters. Cases including theLSC v Rouyanian [2013] QCAT 57 will form the basis of discussion.This session also identifies what should be in a cost agreement in circumstances oftenencountered by criminal law practitioners, including the interplay with counsel cost agreements,notices to withdraw, when money is to be transferred into a trust account and the reasonablenessof fixed fee arrangements.Presenters:John Briton, Legal Services Commissioner, Legal Services CommissionScott McClean, Manager – Compliance, Legal Services CommissionFacilitator: Glen Cranny, Partner, Gilshenan and Luton, Chair of the QLS Criminal LawCommittee and Accredited Specialist – Criminal Law (Qld)Queensland Law Society – Annual Criminal Law Conference program 2

1.30 – 2pm Managing common risks in criminal law legal practiceThis session explores how Legal Aid Queensland maintains strong and consistent practice withaudit and review mechanisms. Presenters will explain how LAQ, as the largest defence practice inthe State, operates with its commensurate scale of opportunities for risk and mistakes in filesupervision processes.Presenters:Nadia Bromley, Principal Lawyer, Legal Aid QueenslandPeter Delibaltas, Director – Criminal Law Services, Legal Aid QueenslandChair: Andrew Moloney, Principal, Moloney Maccallum Lawyers and Accredited Specialist –Criminal Law (Qld)2 – 2.45pm Conducting section 222 appeals in the District CourtThis session provides you with a guide to conducting appeals in the District Court under section222 of the Justices Act 1886 (Qld). It will cover:District Court appeals against a sentenceThe courts process and associated grants of aidCommon challenges and interesting District Court appeal decisions.Presenter: Kate McMahon, Lawyer – Appeals, Legal Aid QueenslandFacilitator: Peter Delibaltas, Director – Criminal Law Services, Legal Aid Queensland3 – 4pm Annual update on criminal law cases and amendments to legislationThis session focuses your attention on the legislative changes that have occurred during the last12 months.Presenters:Ken Mackenzie, Principal, Mackenzie Mitchell SolicitorsKerry Bichel, Assistant Director of Serious Crime, Legal Aid QueenslandChair: Kurt Fowler, Principal Solicitor, Fowler Lawyers and Accredited Specialist – Criminal LawQueensland Law Society – Annual Criminal Law Conference program 3