Criminal Law

CLE points:    Four (4)

8.30am  Introduction from Chair
Chair:    Professor Jill HUNTER, UNSW Law

8.35am    Opening Remarks
                The Honourable Justice Stephen CAMPBELL,Supreme Court of New South Wales

Topic 1: The Ice Epidemic: Self-induced Intoxication and Addiction – The Law’s Response
Speaker: Richard BATTLEY, Barrister, Samuel Griffith Chambers. Paper by Anthony Bellanto QC
•    Drug induced psychosis on sentence: Self-induced intoxication – Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(5AA)
•    Mental illness: Mental Health (Forensic Provisions) Act 1990 (NSW), s 38
•    Substantial impairment: Crimes Act 1900 (NSW), s 23A

Topic 2: Search Warrants and Improper Purpose – Recent Developments
Speaker: Christopher O’DONNELL SC, Barrister, Frederick Jordan Chambers
A consideration of issues arising in recent search warrant authorities (R v Rapolti, Russell & Speedy Corporation P/L [2016] NSWCCA 264 and Caratti v Commissioner of the AFP (No 2) [2016] FCA 1132) including:
•    The admissibility in criminal proceedings of evidential material seized under a warrant specifying civil penalty breaches
•    The application of the improper purpose doctrine to a warrant issued under s 3E of the Crimes Act 1914 (Cth)
•    The ambit of the seizure power by reference to electronic equipment and storage devices
•    Lawful execution where multiple agency search teams deployed

10.50am    Morning Tea

Topic 3: Mental Health and the Criminal Law: Permanent Stays and Fitness Inquiries
Speaker: Matthew DAVIS, Barrister, Fourth Floor Selborne Chambers
•    The jurisdiction of Courts to stay criminal proceedings due to the mental ill health of an Accused
•    The circumstances in which Courts will grant or refuse stays
•    The Presser criteria relating to unfitness to be tried
•    The procedure where an Accused is unfit to be tried

Topic 4: Elements of Successful Criminal Appeals from the Local Court
Speaker: Jane Sanders, Principal Solicitor, The Shopfront Youth Legal Centre. Paper by Kieran GINGES, Barrister, Maurice Byers Chambers
•    Conviction appeals - to err or not to err?
•    Appeal bail
•    Appeals against sentence and refusals to annul

12.55pm – 1.00pm Questions and Close


Grace Hotel
77 York St
Sydney NSW 2000