Legal Aid NSW Criminal Law Division

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 thr...

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 a...

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...

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] NSWC...

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 coll...

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...

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 app...

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...

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 evol...

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 evol...

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...

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 - b...

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 p...

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 C...

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...

'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...

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] NSW...

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 20...

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]...

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 di...

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 w...

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] N...