criminal law masterclass 2011 – vic - lexisnexis · victorian legal aid, co-chair of the criminal...

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Speakers Ian Hill QC, Barrister, William Crockett Chambers Christopher Beale, Barrister, Owen Dixon Chambers East Dr Suzanne McNicol, Barrister, Joan Rosanove Chambers Warwick Walsh-Buckley, Barrister, Aickin Chambers Robert Stary, Principal, Robert Stary Lawyers, Accredited Criminal Law Specialist Laura McDonough, Managing Lawyer, Sex Offences Team, Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee, Law Institute of Victoria, Accredited Criminal Law Specialist Dr Ian Freckelton SC, Barrister, William Crockett Chambers, Chief Examiner for Specialist Accreditation in Criminal Law, Law Institute of Victoria Program highlights Acquire in-depth coverage on the new provisions of the Evidence Act 2008 and the use of Tendency and Coincidence Evidence Be updated on the amendments to the Criminal Procedure Act 2009 with attention to interlocutory appeals and changes to the Court of Appeal Procedure Analyse the potential civil consequences for clients of a plea of guilty with the usage of civil action in conjunction with (or after) criminal proceedings Uncover the legislation, risk assessment, pertinent cases and human rights issues regarding the Serious Sex Offenders (Detention and Supervision) Act 2009 Listen to the developments in drink driving law and drug driving offences Explore the defence of mental impairment and unfitness to stand trial Claim up to 7.25 CPD/MCLE points Register Today! Visit: www.lexisnexis.com.au/pd Early bird discount expires 21 October 2011 Criminal Law Masterclass 2011 – VIC Enhancing practical expertise and knowledge in appellate work and criminal defence 29 November 2011, Stamford Plaza Melbourne Product of: Be one of the first 5 people to register and receive a free copy of LexisNexis Annotated Acts – Annotated Criminal Legislation for Victoria 2012, Gerard Nash.

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Page 1: Criminal Law Masterclass 2011 – VIC - LexisNexis · Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee ... LexisNexis Annotated Acts – Annotated Criminal Legislation

Event pricing (please tick your selection)

EXAMPLE

One day conference 1 $ 900 + GST = $ 990 $990

Speakers

• IanHillQC, Barrister, WilliamCrockettChambers

• ChristopherBeale, Barrister,OwenDixonChambersEast

• DrSuzanneMcNicol, Barrister, JoanRosanoveChambers

• WarwickWalsh-Buckley, Barrister,AickinChambers

• RobertStary, Principal, RobertStaryLawyers, Accredited Criminal Law Specialist

• LauraMcDonough, Managing Lawyer, Sex Offences Team, VictorianLegalAid, Co-Chair of the Criminal Law Advisory Committee,LawInstituteofVictoria, Accredited Criminal Law Specialist

• DrIanFreckeltonSC, Barrister, WilliamCrockettChambers, Chief Examiner for Specialist Accreditation in Criminal Law, LawInstituteofVictoria

Program highlights

• Acquire in-depth coverage on the new provisions of the Evidence Act 2008 and the use of Tendency and Coincidence Evidence

• Be updated on the amendments to the Criminal Procedure Act 2009 with attention to interlocutory appeals and changes to the Court of Appeal Procedure

• Analyse the potential civil consequences for clients of a plea of guilty with the usage of civil action in conjunction with (or after) criminal proceedings

• Uncover the legislation, risk assessment, pertinent cases and human rights issues regarding the Serious Sex Offenders (Detention and Supervision) Act 2009

• Listen to the developments in drink driving law and drug driving offences

• Explore the defence of mental impairment and unfitness to stand trial

Claimupto7.25CPD/MCLEpoints

Register Today! Visit: www.lexisnexis.com.au/pd

Early bird discount expires 21 October 2011

Criminal Law Masterclass 2011 – VIC Enhancing practical expertise and knowledge in appellate work and criminal defence29 November 2011, Stamford Plaza Melbourne

Product of:

Beoneofthefirst5peopletoregister and receive a freecopy of LexisNexis Annotated Acts – Annotated Criminal Legislation for Victoria 2012, Gerard Nash.

Early bird discount expires 21 October 2011

Acts – Annotated Criminal

Page 2: Criminal Law Masterclass 2011 – VIC - LexisNexis · Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee ... LexisNexis Annotated Acts – Annotated Criminal Legislation

Claim CPD/MCLE points with all LexisNexis Professional Development events

8:30 Registration

8:50 Welcome from the Chair

Ian Hill QC, Barrister, William Crockett Chambers

9:00 The use of Tendency and Coincidence Evidence • The major changes made by Part 3.6 of the Evidence Act

2008 (the Act)

• How tendency and coincidence evidence differ from propensity evidence, context evidence and relationship evidence

• When does tendency and coincidence evidence have significant probative value?

• What is meant by “prejudicial effect” in Section 101 of the Evidence Act 2008?

• On appeal, does House v The King apply?

• Cases to be discussed: AE [2008] NSWCCA 52, BP [2010] NSWCCA 303, CGL [2010] VSCA 26, KJM (No 2) [2011] VSCA 268, KRI [2011] VSCA 127, PG [2010] VSCA 289, PNJ [2010] VSCA 88

Christopher Beale, Barrister, Owen Dixon Chambers East

0.75CPDpointinsubstantivelaw

9:45 Updates to the Evidence Act 2008• Privilege

• Update on discretionary and mandatory exclusion Sections 135-138

• The hearsay rule

• Unavailable witnesses – Singh v The Queen [2011] VSCA 263

Dr Suzanne McNicol, Barrister, Joan Rosanove Chambers

0.75CPDpointinsubstantivelaw

10:30 Amendments to the Criminal Procedure Act 2009• Interlocutory Appeals

– Section 295

• Changes to Court of Appeal procedure

Christopher Boyce, Barrister, William Crockett Chambers

0.75CPDpointinsubstantivelaw

11:15 Morning tea

11:30 It’s not over when it’s over: civil consequences flowing from criminal proceedings

• Restraining orders

• Confiscation and Forfeiture

• Pecuniary penalty orders

• Section 85 applications for compensation

• Common law proceedings for damages

Nicole Spicer, Principal, Spicer Lawyers, Accredited Criminal Law Specialist

0.75CPDpointinsubstantivelaw

12:15 Developments in drink driving law and drug driving offences

• Changes made to the impoundment of vehicles by the Road Safety Amendment (Hoon Driving) Act 2010

• Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

• Recent changes to increase penalties for drug-driving charges

• Defending speeding charges – Agar v Dolheguy & Anor [2010] VSC 506, DPP v Meade [2011] VSC 358

• Pleadings defects in Refusal Charges & new guidelines for amending Charges – DPP v Kypri [2011] VSCA 257

• Validity of Requirements for Accompaniment for breath-testing – DPP v Piscopo [2011] VSCA 275

• Validity of Requirements for Remaining for breath-testing – DPP v Rukandin [2011] VSCA 275

John Marquis, Barrister, Owen Dixon Chambers East Warwick Walsh-Buckley, Barrister, Aickin Chambers

1CPDpointinsubstantivelaw

1:15 Networking lunch for speakers and delegates

2:15 Drug Offences – an exploration of defences• The case of Momcilovic v The Queen [2011] HCA 34

• Constitutional validity of the Charter of Human Rights and Responsibilities Act 2006 (VIC): Sections 32(1) and 36

• Interaction between Sections 5, 71AC and 73(2) of the Drugs, Poisons and Controlled Substances Act 1981 (VIC)

• Inconsistency with Section 109 of the Constitution

Thomas Danos, Barrister, Aickin Chambers

0.75CPDpointinsubstantivelaw

Tuesday, 29 November 2011

Criminal Law Masterclass 2011 – VIC Enhancing practical expertise and knowledge in appellate work and criminal defence

Page 3: Criminal Law Masterclass 2011 – VIC - LexisNexis · Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee ... LexisNexis Annotated Acts – Annotated Criminal Legislation

To register now visit: www.lexisnexis.com.au/pd or ph: 1800 772 772 or fax: 02 9422 2338Claim CPD/MCLE points with all LexisNexis Professional Development events

3:00 Taking the initiative on sentence reforms• Drug law reform

• Imprisonment alternatives

• Spent convictions

Robert Stary, Principal, Robert Stary Lawyers, Accredited Criminal Law Specialist

0.75CPDpointinsubstantivelaw

3:45 Afternoon tea

4:00 Sex offences• Sex Offenders registration Act 2004

– Logistics of the Act – how one becomes a registered offender, risk assessment, duration of registration, conditions of registration, appeals, and the use of information that is obtained through registration

– Relevant authorities

– Potential d efences

– Comparative analysis of Victorian, national and international models

• Serious Sex Offenders (Detention and Supervision) Act 2009

– Legislation

– Relevant c ases

– Risk a ssessment

– Procedure

– Human rights questions raised by these type of applications

Laura McDonough, Managing Lawyer, Sex Offences Team, Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee, Law Institute of Victoria, Accredited Criminal Law Specialist Helen Spowart, Senior Public Defender, Public Defenders Unit, Victoria Legal Aid, Accredited Criminal Law Specialist

1CPDpointinsubstantivelaw

5:00 Defence of mental impairment and unfitness to stand trial• The defence of mental impairment (formerly Insanity)

• Criteria for defence, onus, burden of proof

• Expert evidence

• Consequences of success in the defence

• Comparison of special hearings and unfitness to stand trial

• Appeals

• Major reviews, extended leave, custodial supervision orders, non-custodial supervision orders

Dr Ian Freckelton SC, Barrister, William Crockett Chambers, Chief Examiner for Specialist Accreditation in Criminal Law, Law Institute of Victoria

0.75CPDpointinsubstantivelaw

5:45 Closing remarks from the Chair

5:50 Close of conference

29 November 2011, Stamford Plaza Melbourne

Who should attend?• Criminal Law Practitioners

29 November 2011, Stamford Plaza Melbourne29 November 2011, Stamford Plaza Melbourne

Future EventsOH&S: National Harmonisation 20118 November 2011, PARKROYAL Darling Harbour, Sydney 10 November 2011, Brisbane Marriott Hotel 15 November 2011, Stamford Plaza Melbourne

Criminal Law Masterclass – 201130 November 2011, PARKROYAL Darling Harbour, Sydney

Personal Injury Law 201116 November 2011, The Grace Hotel Sydney 23 November 2011, Stamford Plaza Melbourne

LexisNexisAnnotatedActs–AnnotatedCriminalLegislationforVictoria2012,GerardNash

Annotated by Gerard Nash QC, Annotated Criminal Legislation Victoria is an invaluable resource tool that provides comprehensive analysis and explanation of the provisions and relevant case law for students and practitioners.

Page 4: Criminal Law Masterclass 2011 – VIC - LexisNexis · Victorian Legal Aid, Co-Chair of the Criminal Law Advisory Committee ... LexisNexis Annotated Acts – Annotated Criminal Legislation

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Criminal Law Masterclass 2011 – VIC

Earn CPD Points:

Lawyers can earn up to 6.75 CPD points.Where did you hear about this event?

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29 November 2011 Stamford Plaza Melbourne 111 Little Collins Street Melbourne VIC 3000

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GROUP BOOKINGRegister 3 or more people from the same organisation at the same time and book at the early bird price per person.

Advanced price (register and pay before 30 September 2011)Please Select Options Qty Price Subtotal

One day conference $ 900 + GST = $ 990

Early bird price (register and pay after 30 September 2011 and before 21 October 2011)Please Select Options Qty Price Subtotal

One day conference $1050 + GST = $1155

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One day conference $1150 + GST = $1265

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Criminal Law Masterclass 2011 – VIC conference papers $180 + GST = $198

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