In focus: Criminal law

Tuesday 19 October 2010, 5:10pm–7:00pm
Law Society House, 179 Ann Street
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Seminar DVD (Resource code: 101019D)
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$150 members
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Overview

1.5 CPD points

A timely seminar updating criminal lawyers with the reform arising from the Moynihan Review and the Civil and Criminal Jurisdiction Reform and Modernisation Bill 2010. This seminar also incorporates a discussion on DNA evidence in criminal trials.

Course code: 101019

5:10pm–5:15pm
Welcome from the Chair
  • Chair: Leigh Rollason – Partner, Robertson O'Gorman and Accredited Specialist - Criminal Law (Qld)
5:15pm–6:00pm
Understanding the Moynihan reforms – Changes to criminal practice arising from the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

The above Act, passed by the Queensland Parliament on 3 August 2010 and Proclaimed in parts on 1 September and 1 November, effects major changes to criminal procedure through making significant amendments to the Criminal Code, the Criminal Practice Rules 1999, the Justices Act 1886 and many other statutes. This session will provide attendees with detailed advice about the major reforms to criminal procedure arising from the implementation of the Moynihan reforms, and their impact on criminal practice and advocacy. Topics to be discussed include:

  • understanding the changes to the summary disposition of indictable matters and the
    changed elections as to jurisdiction; and the changes to the criminal jurisdictions of the
    Supreme and District Courts;
  • conducting committal proceedings under the new provisions, including making
    applications to call and cross-examine prosecution witnesses;
  • explaining the changes to disclosure and the making of applications for disclosure
    obligation directions;
  • noting the amendments to the Bail Act 1980 and changes affecting ex officio indictment
    procedure;
  • exploring the impacts of the reforms on duty lawyer appearance work
  • understanding the relevant transitional provisions.
  • Speaker: Peter Shields – Partner, Peter Shields Lawyers and Accredited Specialist – Criminal Law (Qld)
6:00pm–7:00pm
DNA profiling evidence in criminal trials – a Pandora’s Box for the criminal lawyer?

Miscarriages of justice have occurred which have been attributed to the lack of quality DNA evidence. This session discusses some issues which should be explored when presenting or challenging DNA evidence in criminal cases. Lawyers practising in criminal law will benefit from this session as it outlines strategies for dealing with DNA evidence in typical and not so typical cases. Topics for discussion include:

  • why DNA profiling evidence is so powerful
  • DNA profiling basics for the legal practitioner – analysis, interpretation and significance
  • contamination and error rates
  • strengths and limitations of facts and expert opinions
  • outlining the types of quality systems in forensic science.
  • Speaker: Jane Taupin – Senior Forensic Auditor, Management Resource Solutions Limited

Featured Speakers

  • Leigh Rollason
    Partner, Robertson O'Gorman and Accredited Specialist - Criminal Law (Qld)
  • Peter Shields
    Partner, Peter Shields Lawyers and Accredited Specialist – Criminal Law (Qld)
  • Jane Taupin
    Senior Forensic Auditor, Management Resource Solutions Limited