Show Notes
Episode 32, 13 October 2026: Big news! (but it’s a surprise…); Cases on s.90 and admissions, intent and ADVO’s, when does a pre-recorded trial begin for discount purposes, a new guideline judgment for driving matters and sentencing prisoners on remand. Cases cited
Acopian v R [2026] NSWCCA 127 Direction of Public Prosecutions (NSW) v Jenson [2026] NSWSC 1132 ST v R [2026] NSWCCA 136 Cripps, a guideline judgment [2026] NSWCCA 144 King v R [2026] NSWCCA 153
Conferences and Podcasts cited
Practical Advocacy for Criminal Lawyers conference, (Postponed to early 2027)
(https://www.emalegaleducation.com.au/)
AI and the Future of Law Podcast by Jen Leonard and Bridget McCormack (https://www.aiandthefutureoflaw.com/)
More from Legal Aid NSW Criminal Law Division
It’s back to regular programming! In Episode 31 Sophie and Caitlin discuss:
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.
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.
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