Legal Aid NSW Criminal Law Division

Tom Quilter SC, Dr Andrew Ellis, consultant psychiatrist and Callum Hair, solicitor advocate, come together to discuss what happens in the legal system for people who are charged with a serious offence, who have a mental health or cognitive impairment. They examine the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, assessing a person for fitness, and talk about why early collaboration between criminal and civil systems is important for the long-term recovery of the person and community safety as a whole. 

Special thanks to host Rhiannon McMillan and to Michelle McDonald and Helen Shaw for there early work on this podcast.

Paul, Sophie and Caitlin recommend some tv, podcasts and reading to keep criminal lawyers entertained over the holiday period.

TV

Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night

The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury

Books

Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols. Nancy Duarte (2016).

Secrets of the Jury Room. Malcolm Knox (2005)

Slide:ology: The Art and Science of Creating Great Presentations. Nancy Duarte (2008).

Podcasts

The Advocacy Podcast: https://www.theadvocacypodcast.com/

Mushroom Case Daily, (ABC Podcast)https://www.abc.net.au/listen/programs/the-case-of/introducing-mushroom-case-daily/103600002

Paul, Caitlin and Sophie round out the year with the latest on:

The boundaries of search powers under the Firearms Act, LEPRA and the Common Law in AA v Constable Michael Moore [2025] NSWSC 1241 

The use of evidence obtained by community vigilantes in Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307 

Exclusive possession of drugs and cash in English v R [2025] NSWCCA 184 

The application of De Simoni in SZ (a pseudonym) v R [2025] NSWCCA 196

Imposing a non-parole period of more than 75% and considering the total period of custody in Matthews v R [2025] NSWCCA 175

In this episode, Paul Coady SC will take you through: A listener shout out! A special leave application discussing integrity of judicial power and the ANOM app in CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 and a related book review; An alternative pathway of admissibility in expert reports in Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172. Can you raise good character when there is a pending investigation but no conviction? Find out in the cases of Radburn (a pseudonym v R [2025] NSWCCA 125 and Neil v R [2025} NSWCCA 160. Recklessness and consent will be discussed in a decision that we cant name, but the citation is [2025] NSWCCA 119 and finally, Bugmy principles and whether an offender is an appropriate vehicle for general deterrence in DG v R [2025] NSWCCA 137. 

CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37

Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172

Radburn (a pseudonym ) v R [2025] NSWCCA 125

Neil v R [2025] NSWCCA 160

[Decision not named] [2025] NSWCCA 119

DG v R [2025] NSWCCA 137

Point Made by Ross Guberman

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.

In part two, all three lawyers will take you through a practical guide to running applications.

This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW).

The views expressed in this podcast are not necessarily the views of Legal Aid NSW.