Legal Aid NSW Criminal Law Division

Latest Episodes:

5 Cases Podcast - Episode 32 Oct 20, 2026

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

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/)

5 Cases Podcast - Episode 31 Sep 17, 2026

Show notes

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

5 Cases Podcast - Episode 30 with The Honourable Andrew Bell AC, Chief Justice of New South Wales Aug 21, 2026

Show notes

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.

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

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/

5 Cases Podcast - Episode 29 Jul 22, 2026

Show notes

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

Cross Examining Police: Kellie Stares SC Jun 22, 2026

Show notes

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

5 Cases Podcast - Episode 28 May 28, 2026

Show notes

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

5 Cases Podcast - Episode 27 Apr 30, 2026

Show notes

Paul and Sophie take you through brief service order requirements in the Local Court in Nash v Local Court of NSW [2026] NSWSC 197. Local Court Judge powers to refuse entry of a plea in Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100. Ethical and practical considerations on advising your client whether to give evidence in their trial in AA v R [2026] NSWCCA 10. Aggregate sentencing in Commonwealth matters in The King v McGregor [2026] HCA 3 and special circumstances and what those circumstances may be in Duncan v R [2026] NSWCCA 19.

1. Nash v Local Court of NSW [2026] NSWSC 197

2. Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100

3. AA v R [2026] NSWCCA 10

4. The King v McGregor [2026] HCA 3

5. Duncan v R [2026] NSWCCA 19

5 Cases Podcast - Episode 26 Mar 31, 2026

Show notes

Catch up on recent case law; and step back in time to 1884, in this recent episode of the 5 Cases Podcast, with guest Professor David Heilpern. Episode 26 is packed with refreshers on the law, current decisions and favourite cases picked by our special guest.

Also

Forensic Mental Health: Tom Quilter SC, Dr Andrew Ellis and Callum Hair Mar 09, 2026

Show notes

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.

5 Cases Podcast - Episode 25 Jan 05, 2026

Show notes

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

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

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