Legal Aid NSW Criminal Law Division

It’s back to regular programming! In Episode 31 Sophie and Caitlin discuss:

Legitimate forensic purpose in a police subpoena in RS v Commissioner of Police (NSW) [2026] NSWCCA 128

The Carey Defence and Directions and when it doesn’t apply in Aslan - Aslan v R [2026] NSWCCA 123

Cross examination of an accused, and the limits on it or not, in NR v R [2026] NSWCCA 126

Whether you can be convicted on fingerprint and DNA evidence alone in Haouchar v R [2026] NSWCCA 124

And a further reminder that no causal link is required between disadvantaged background and offending when applying Bugmy principles in  Armstrong v R [2026] NSWCCA 112

In a very special 30th episode, the Chief Justice of New South Wales, The Honourable Andrew Bell AC, joins all three hosts. The Chief Justice reveals insights about his path to the role, the inner workings of the Supreme Court and the way judges work together. We also hear the Chief Justice speak about Solutions Focused Justice, developments in the law and the importance of the Liberato direction.

Totaan v The the Queen [2022] NSWCCA 75; 108 NSWLR 17

Haile v The Queen [2022] NSWCCA 71

Vamadevan v The King [2024] NSWCCA 223

Stanley v DPP (NSW) [2023] HCA 3; 278 CLR 1

Taylor v R [2020] NSWCCA 355

The Chief Justice on principles of Crown Appeals

     6. R v White [2025] NSWCCA 111 

     7. R v Thompson [2025] NSWCCA 133

The Court of Appeal on protest powers

     8. Jarrett v State of New South Wales [2026] NSWCA 62

Paper

Browne v Dunn: Putting a Dangerous Weapon in the Hands of a Prosecutor, by Squadron Leader Michael King, NSW Deputy Senior Public Defender. 

From Criminal CPD Library:https://www.criminalcpdlibrary.com.au/

Speeches by the Chief Justice

Opening remarks at Solution Focused Justice: A Cross Jurisdictional Symposium

When an accused goes into evidence

Statement on bail

“The year that was – challenges at every turn” Opening of Law Term Address

See more from the Chief Justice at: Collection of the Chief Justice’s speeches

The podcast hosts wish to thank Anais Bouchier, law student for research work for this episode. https://www.linkedin.com/in/anais-bouchier-91313a299/

Episode 29 of the 5 Cases Podcast; Is everyone at CLANT? Caitlin and Paul are jealous but review 5 cases for you on the topic of fitness in the Children's Court; costs in the Local Court; The rule in Hofer v The Queen; objections to the admissibility of recorded interviews and the treatment of Edwards-style lies. 

The cases discussed are:

R v Nick [2026] NSWChC https://www.caselaw.nsw.gov.au/decision/19ed2e2b7a4450339aa3cf04

M v Joya [2025] NSWSC 1569 https://www.caselaw.nsw.gov.au/decision/19b2f2df56a559dfd0f6140a

Douglas v R (a pseudonym) [2026] NSWCCA 85 https://www.caselaw.nsw.gov.au/decision/19ed3312f144fb3c80edbe6c

R v GH [2026] NSWSC 740 https://www.caselaw.nsw.gov.au/decision/19eeddb253bbba89ca924758

[not published]  v R [2026] NSWCCA 75: https://www.caselaw.nsw.gov.au/decision/19e965108e069f60a4257dc5 

Section 18B of the Drug Court Act: https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-150#sec.18B

In this episode, barrister Kellie Stares SC shares practical insights from her experience on how to effectively cross-examine police officers. She explores strategies for dealing with experienced officers who are familiar with court processes and skilled at managing their presentation in the witness box. Kellie discusses techniques she uses to achieve fair outcomes, including carefully working through the paper trail, understanding what police guidelines require to go in notebook entries, and leveraging material uncovered through subpoenas. She also examines the serious consequences of “tunnel vision” in the prosecution of matters, and how it can negatively impact innocent accused persons. 
 
Kellie is presenting at the upcoming Criminal Law Conference and is nominated for the Terry Keaney Award alongside fellow members of the profession Rose Khalilizadeh, Cathy Hunter, Crystal Triggs and Elly Mason. You can find out more information about Kellie and her upcoming trial advocacy and summary hearing advocacy workshops at www.emalegaleducation.com.au

In this bumper episode, Sophie Anderson and Caitlin Akthar talk you through the new must-know High Court authority on tendency, The King v AR [2026] HCA 10; how to stop unfair Crown questioning of accused in McGuire v R [2021]NSWCCA 287 and [redacted]; the admissibility of expert certificates in JS v Director of Public Prosecutions (NSW)[2026] NSWCA 58, and whether the strength of the Crown case affects the utilitarian discount in SH v R [2026]NSWCCA 35.

1. The King v AR [2026] HCA 10

2. McGuire v R [2021] NSWCCA 287

3. [REDACTED]

4. JS v Director of Public Prosecutions (NSW) [2026] NSWCA 58

5. SH v R [2026] NSWCCA 35

Palmer v The Queen (1998) 193 CLR 1