Strategies & Practical Considerations in Sexual Assault Matters
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.
Written by Manny Conditsis, 2019.
Defending PCA Charges
This paper is intended to provide practitioners with a practical overview of the most common
‘defences’ to PCA charges in order to assist in advising and representing clients facing PCA charges.
While it is not possible to cover every conceivable defence which may be raised, it is hoped that this
paper will go some way to helping criminal law practitioners provide accurate advice to those of
their client’s who find themselves facing an allegation of a PCA offence.
Written by Michal Mantaj, 2018
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.
Written by Manny Conditsis, 2018.
Mandatory Interlock Orders - Driver Disqualification Changes
This paper deals with two distinct aspects of NSW Traffic Law. Part I is devoted to the Mandatory Interlock Order regime while Part II is concerned with recent changes to driver disqualifications and other ancillary amendments.
Written by Michal Mantaj, 2017.
Involuntariness: A Case Study - Dean Waters
I appeared for Dean Waters as trial advocate, in my first 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 Water, was in evidence at the trial and was never disputed by the Crown.
Written by Manny Conditsis 2017.
Mental Health and Criminal Law
AVOs and Appeals to the District Court
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.
Written by Michal Mantaj, 2017.
PCA's, Drugs, and Domestic Violence
Assault, Affray, and Self Defence
This paper deals with the offences of assault, affray and, as a separate topic, the defence of self-defence ( with a particular focus on its application to assault and affray charges). As will be obvious from this somewhat eclectic collection of topics, this is not an academic work with a cohesive flow, but rather what the writer hopes will be a useful guide to criminal law practitioners. In so far as there is any unifying theme throughout this paper, it is that is deals with topics which are of interest to criminal law practitioners who appear in Local Courts throughout New South Wales.
Written by Michal Mantaj, 2014.