NSW Young Lawyers Criminal Law Committee in Woolloomooloo | Criminal lawyer

NSW Young Lawyers Criminal Law Committee

Locality: Woolloomooloo

Phone: +61 2 9926 0182

Address: 170 Phillip Street Woolloomooloo, NSW, Australia

Website: www.lawsociety.com.au/about/YoungLawyers/Committees/CriminalLaw/index.htm

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25.01.2022 In case you missed it, the NSW Young Lawyers Event - Survive and Thrive in your first year of Law - will be held today, Wednesday 15 July at 6:00pm This NSW Young Lawyers panel event is designed to equip you with tools and information to help you survive and thrive in your first year of practice. Hear from our panel of talented solicitors as they share their experiences as graduates and young lawyers. They will offer invaluable insight into their transition from student to legal professional and what they wish they'd known in their first year of practice. You can register at this link: https://lawsociety.eventsair.com/80709-nsw-young//Register

25.01.2022 The New South Wales government is moving to amend laws that compel counsellors to report cases of sexual assault to the police because they can deter some survivors, who do not want the authorities involved, from seeking help. The government is this week acting to reform the laws that carry a two to five-year jail sentence for failing to notify the police of a serious indictable offence. The push follows warnings from frontline rape and family violence services that the laws could be wrongly applied to their staff, or workers in companies or institutions, who receive complaints of sexual assault. Full article available at: https://www.theguardian.com//nsw-to-amend-mandatory-report

25.01.2022 New figures released by the Bureau of Crime Statistics and Research show a "remarkable" decline in the NSW prison population over 8 weeks from mid-March 2020. From 15 March to 10 May 2020 the prison population decreased by 10.7% or 1,508 people. The fall coincided with the ramp-up of COVID-19 mitigation strategies in the community and within the justice system. The media release is available here: https://www.bocsar.nsw.gov.au//20/mr-custody-Jun-2020.aspx... The full report is available at: https://www.bocsar.nsw.gov.au//NSW_Custody_Statistics_Jun2

23.01.2022 Federal Independent MP Andrew Wilkie will introduce a bill to Parliament on Monday to make gambling companies liable if the person placing the bet is using stolen money. Under the legislation, if a bettor has paid for a gambling service using money they obtained illegally, the Federal Court could order the gambling company to compensate the victim of the original crime. The "Making Gambling Businesses Accountable" bill, which amends the Anti-Money Laundering and Counter-Ter...rorism Financing Act, uses the same definition of "stolen property" as the Criminal Code. Centre Alliance MP Rebekha Sharkie will second the bill and Mr Wilkie's team believes the crossbench is largely supportive. He is yet to discuss it with the Coalition or Labor. Full article available at: https://www.smh.com.au//bid-to-make-gambling-companies-lia

23.01.2022 Victoria Police has admitted it was "profoundly wrong" in permitting lawyer Nicola Gobbo to inform on her own clients, as the Royal Commission into the Management of Public Informants makes public thousands of pages of documents for the first time. A police spokeswoman said the force had "accepted without reservation" its failures in the matter, releasing a written apology to the courts and to the community for the breach of trust. Full article available at: https://www.smh.com.au//police-say-using-lawyer-x-as-infor

21.01.2022 A reminder that the Committee’s June meeting will be held tomorrow Wednesday 24 June. We are very lucky to have Samantha Lee from Redfern Legal Centre as our Guest Speaker. Samantha will be speaking to the Committee about Police Powers, particularly in the context of COVID-19. Check your emails for the Zoom login details. We hope to see you there!

16.01.2022 The ACT has become the first jurisdiction in Australia to support raising the age of criminal responsibility from 10 to 14, in a move hailed by justice campaigners as a huge win for the rights of children. The resolution, which brings the territory into line with UN standards, says it will be the responsibility of whichever parties form government after the ACT election in October to amend the legislation. The Legislative Assembly motion, passed on Thursday, said in amen...ding any legislation, consideration should also be given to medical evidence on cognitive capacity of children over 14, and there should be options to shift the age or provide exemptions for more serious criminal offences. Full article available at: https://www.theguardian.com//australian-capital-territory-

15.01.2022 For anyone who has been at Parramatta Local Court recently, the below post may be of interest in case you were at the Court at the relevant time

14.01.2022 Nguyen v the Queen (2020) HCA 23 : The High Court unanimously allowed an appeal from the Full Court of the Supreme Court of the Northern Territory. The appeal concerned whether, in a criminal trial, the prosecution's obligation to put its case fully and fairly before the jury ordinarily requires it to tender the record of an interview between an accused and police which contains both inculpatory and exculpatory statements ("mixed statements"). The Court held that this oblig...ation does require the prosecution to tender a record of interview containing mixed statements, unless there is good reason not to do so. Full judgement available at: http://eresources.hcourt.gov.au/downloadPdf/2020/HCA/23

12.01.2022 On 13 June 2020, the Committee's Vice-Chair, Secretary and General Delegates attended the 2020 NSW Young Lawyers Mid-Year Assembly which was run virtually over Zoom for the first time. Over the course of the event, we engaged in several interesting discussions with representatives from other NSW Young Lawyers Committees; gaining insight into different ideas and initiatives implemented by other Committees which we look forward to implementing in the Criminal Law Committee in the near future. The event ran extremely smoothly over Zoom with attendees engaging in breakout rooms and online voting without a hitch!

12.01.2022 On the 14th of November 2020, the Committee’s Chair Sarah and Vice-Chair Callan along with General Delegates Dom and David attended the 2020 NSW Young Lawyers Annual Assembly. The Assembly which was once again run on Zoom provided us with an interesting opportunity to learn about the great work and progress of the other Committees from which we could gain ideas and inspiration. We also had the opportunity to hear an interesting presentation from Sue Tomat, founder of Gum Leaf Green who discussed different theories behind wellbeing and managing stress in a legal environment. Additionally, Committee Chair Sarah was elected onto the 2021 NSW Young Lawyers Executive Council which will provide her with further opportunities to contribute to the work of NSW Young Lawyers.

11.01.2022 The NSW Young Lawyers State of the Profession Address is on tonight online at 4:15-5:15pm. If you haven’t yet registered, I you can do so at the link below and attend virtually to hear from our Patron, Justice Lucy McCallum. Don’t miss out on what will be an interesting and engaging presentation. ... https://lawsociety.eventsair.com/80733-2020-stat//Register

10.01.2022 "The Committee is deeply disturbed about the recent revelations of sexual harassment in the High Court of Australia. NSW Young Lawyers has prepared the attached public statement on the issue. Sexual harassment, and those who abuse their status to perpetuate it, have no place in the legal profession." NSWYL Statement: https://www.lawsociety.com.au//NSWYL%20Media%20Release%20-

10.01.2022 On Monday, Australia will have a historic opportunity as Attorneys-General meet to discuss raising the age of criminal responsibility. Currently, children as young as 10 can be arrested, charged and imprisoned. In recent times there have been calls to raise the age of criminal responsibility, and discussion about alternatives to subjecting children aged 10-13 to the criminal law system. You can sign the petition here to #RaiseTheAge.... https://www.raisetheage.org.au/

09.01.2022 'In the lives of so many, being surrounded by armed and aggressive police is a fact of life they deal with, often alone. It is a fact that most of my peers do not really appreciate, until they see it happen to one of their own. The fact that I was violently arrested has confronted many for whom this is usually just another news story. It has alerted people to the way in which the police can and do use their power.' Professor Simon Rice OAM of University of Sydney Law School writes about his arrest amid a recent protest.

09.01.2022 The NSW Police Force is facing a slew of lawsuits and quietly overhauling child protection laws after an investigation found widespread mismanagement that inadvertently left some predators off the sex offenders register while incorrectly monitoring and imprisoning others. The original Law Enforcement Conduct Commission report found hundreds of incorrect decisions in the administration of the register over 17 years, including 96 cases of people not being registered when they ...should have been, 43 cases where people were registered when they should not have been, and over 600 cases where offenders' reporting periods were incorrectly calculated to be either too long or too short. The report concluded the legislation was overly complex to apply and the police unit managing the registry did not have adequate resources, especially as the number of offenders being registered has exploded in recent years, up from 2,376 in 2009 to 4,344 in 2019, an increase of 83 per cent. A NSW Police spokesperson said the force was addressing all recommendations made by LECC and made "significant improvements" to its processes. " Full article available at: https://www.smh.com.au//nsw-police-overhauling-mismanaged-

08.01.2022 The pandemic is decimating the ranks of barristers who specialise in criminal law, with one in 10 saying the protracted loss of work and income will likely force them to quit the bar. Criminal Bar Association chair Daniel Gurvich, QC, described a profound and fairly devastating impact on his profession, with young barristers disillusioned by their future prospects and the criminal justice system facing years to recover. Full article available at: https://www.smh.com.au//barristers-turn-to-other-jobs-cham

06.01.2022 Thank you to the 200 individuals who have already registered. Don't miss your chance, secure your spot today. https://lawsociety.eventsair.com/80724---nsw-you//Register

06.01.2022 The nation's domestic spy chief says he is offended by a Law Council of Australia comparison between aspects of a bill giving his organisation expanded questioning powers and China's national security law imposed on Hong Kong. Australian Security Intelligence Organisation boss Mike Burgess also revealed his agency had active counter-terrorism investigations under way involving children as young as 14 as he argued the case for expanded powers to compulsorily question foreign ...spies and minors. Under the bill, ASIO's compulsory questioning powers would be expanded from just terrorism-related threats to cover espionage, foreign interference and politically motivated violence. The age at which ASIO could compulsorily question a minor would be reduced from 16 to 14 if they were suspected of planning a politically motivated attack. Appearing before the parliamentary inquiry scrutinising the proposed laws on Friday, the Law Council's David Neal suggested the power to compulsorily question people suspected of planning politically motivated violence could be broader in scope than China's law. Full article available at: https://www.smh.com.au//law-council-raises-concerns-about-

06.01.2022 The age of criminal responsibility in Australia will remain at 10 for at least another year after the nation's attorneys-general said more work needed to be done to determine alternative ways to deal with young offenders. Legal experts, doctors and justice groups have been part of a national campaign to raise the age of criminal responsibility from 10 to 14 to bring it in line with other jurisdictions around the world. The issue was discussed at Monday's meeting of the Cou...ncil of Attorneys-General but NSW Attorney-General Mark Speakman said any decision had been deferred to 2021 to allow a working group, led by the Western Australian justice department, to examine alternatives to imprisonment. Full article available at: https://www.smh.com.au//age-of-criminal-responsibility-to-