The reader is reminded that this paper is not intended to include detailed legal research, either as to the common law or legislation relating to sex matters. It is intended to provide the ‘basics” in some terminology and directions given by a trial judge; and to get the reader thinking about potential strategies and which may be best suited to you and/or your client’s case; together with some very real practical considerations, some of which may not have previously been encountered.
This paper will refer to some case studies from which one will be able to discern the strategies employed to assist the advocate/instructing solicitor.
The Amending Act [EAGP] passed Parliament on 18 October 2017 and the Department of Justice [“DoJ”] has advised it is expected that the EAGP reform will commence by May 2018.
The Department of Justice [“DoJ”] has referred to the EAGP reforms as “a systemic shift in the way serious criminal matters are managed in the courts”. Indeed, the reforms will significantly change the way in which a criminal lawyer should approach the client’s case and likely, in the advice to be given to that client…
PCA (Proscribed Concentration of Alcohol) charges are rarely defended. There are a number of very good reasons for this fact. For one thing, in most cases there is no reasonable prospect of a successful defence. The system for the detection, documentation and prosecution of PCA offences is so finely tuned that there is often no room left for doubt about the guilt of the accused. Added to this is the cost associated with mounting a defence to a criminal charge. Even where there is a viable defence, some accused will choose to plead guilty to a PCA in order to avoid the substantial cost of a defended hearing.
I appeared for Dean Waters as trial advocate, in my first murder trial [at Newcastle Supreme Court] in 1997 before his Honour RS Hulme J (as he then was), when after a 9 day trial, the jury took about 30 minutes to find the accused not guilty of the murder of Allen Hall; notwithstanding the accused’s admission to firing the shotgun that killed the deceased. All the subjective background of the accused, including his very substantial abuse at the hands of his father, Cec Waters, was in evidence at the trial and was never disputed by the Crown.
This paper will cover two separate topics which, it is hoped, are of interest and practical utility to criminal law practitioners. As is necessitated by the allocated time, and no doubt much to the relief of the audience, the focus of this paper will be inexorably practical and pragmatic. In deference to the undoubtedly substantial experience of the members of this audience, no attempt will be made to set out the basic principles of the areas of law under consideration. Instead, the writer will endeavour to highlight aspects of each area of the two areas of law under consideration which may be less well understood of known while at the same time being of use in the everyday conduct of a criminal practice.