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26 August 2010

Court of Appeal- Changed Listing & Procedures for Applications for Leave To Appeal - Term 4 2010
Members need to be aware of the changes as set out in Notification dated 24/8/2010 from the Registrar Court of Appeal. Download changes.

26 May 2010

International Law Congress: 20–24 October 2010 - Sheraton Noosa Resort and Spa, Noosa, Australia
The 12th International Criminal Law Congress Program will explore contemporary issues of international and national criminal justice.  The program will include such diverse topics as:

• Identity fraud and crime associated with the Internet
• Recent developments in the science of the mind and its impact on criminal responsibility
• Developments in the International Criminal Court
• International developments in therapeutic justice
• Decriminalisation of Portugal's drug laws and the effect on crime rates
• The use of language in modern penal statutes to mislead
• Legal discourse and the criminal law and indigenous issues focusing on the
• Palm Island and Arukun cases
• There will be an important session on public confidence and sentencing

Prominent keynote speakers confirmed for the congress include:

• The Honourable Paul de Jersey AC, Chief Justice of Queensland
• Detective Superintendent Brian Hay, Fraud and Corporate Crime Group
• Professor Geraldine McKenzie, Bond University
• Dr Joao Goulao, European Monitoring Centre for Drugs and Drugs Addiction (EMCDDA)
• Justice King, Victorian Supreme Court
• Professor Maxwell Bennet AO, Director Brain and Mind Research Institute, University of Sydney

Congress Programme is available from www.crimlaw2010.com

Recent Cases: Momcilovic [2010] VSCA 50
Members will note that the Court of Appeal’s decision in Momcilovic is subject to appeal to the High Court by Momcilovic. Appeal documents have been lodged with the High Court Registry. As yet there is no date for the Special Leave hearing.

26 May 2010

Abolition of Suspended Sentences of Imprisonment:
As members are aware, The CBA opposes moves to restrict the ability of Courts to impose suspended imprisonment sentences.  John Champion’s recent article in The Age newspaper together with the letter by Benjamin Lindner can be accessed through the following links:

• John Champion's article published in The AGE
• Benjamin Lindner's Letter to the Editor

25 March 2010

Latest Cases:
MOMCILOVIC [2010] VSCA 50- The Court of Appeal has handed down its judgment in this case dealing with the challenge to section 5 Drugs, Poisons and Controlled Substances Act 1981 (Vic) ss 5.

Judicial College of Victoria:
Interested in reading about changes to sentencing law brought by the Evidence Act 2008, and the Criminal Procedure Act 2009?
Barristers can now read about these important changes by visiting the Victorian Sentencing Manual:

• 4.4 - Fact finding  - read how the Evidence Act 2008  impacts on fact finding in sentencing hearings.
• 4.5 - Proof of criminal history  - read how the new Criminal Procedure Act 2009  changes procedures for proving previous convictions.
• 5.7 - Determination of summary offences by higher courts - read about the new procedures that replace the repealed s359AA procedure.
• 11.3 - Sentence indication  - read about the re-enactment of the summary and indictable sentence indication schemes in the Criminal Procedure Act 2009.

AND

• 9 - Circumstances of the offence  -  read how the hate crimes legislation has affected this area.

Weekly updates
Remember, you can keep up with sentencing cases in the Court of Appeal by visiting our recent cases collections.

Summary Case Conference Contact List:

2. Magistrates’ Court Co-ordinators

17 March 2010

Criminal Trial Specialist Accreditation Scheme:
The Victorian Law Reform Commission [ VLRC] in its Jury Directions Final Report No. 17 has made a number of recommendations in Chapter 7 urging specialist accreditation training for barristers performing criminal trial work. In doing so, it contrasts the current training undergone by barristers with that undergone by our contempories both in other Australian states, England and America. It also looks at the specialist training undertaken by doctors who wish to obtain specialist qualifications.

One of its recommendations is for the Attorney-General to look at the introduction of a Public Defender Scheme in Victoria.

27 February 2010

Suppression Orders:
Members who wish to find out whether a suppression order exists and any terms, are able to contact the following:

• County Court-   Ms Anna Bolger, Communications Manager, Tel; 86366272, Email: anna.bolger@countycourt.vic.gov.au.
• Supreme Court- Ms Anne Stanford, Strategic Communications Advisor, Tel: 96036111, Urgent inquiries M: 0400033522, Email: anne.stanford@supremecourt.vic.gov.au.

17 December 2009

CLE's - 2010
The committee is currently considering what CLE seminar subjects would be useful to members in the coming year. If you have any ideas or thoughts as to what you would like to see as the subject of seminars next year please contact Michael O'Connell or John Champion S.C..

Custody Issues:
During 2009 the CBA has joined The Victorian Custody Reference Group which is a group that meets monthly to raise and hopefully solve prisoner’s custody issues. Its members are drawn from all of the groups who deal with prisoners, whether the prisoner is on remand or sentenced. The group is chaired by Rob Melasecca, Solicitor, and its members include the Law Institute, Police, Corrections, VLA, a Magistrate and the Salvation Army.

Any custody issues can be raised with the group whether they be individual matters or systemic issues. The CBA’s representative with the group is Fotini Panagiotidis. Any member wishing to raise any issue on behalf of a client or the CBA can contact Fotini on 0400 44 26 01or extension 7444.

Criminal Procedure:
Members need to be aware that the Criminal Procedure Act 2009 is due to come into operation on 1 January 2010. The Act makes important procedural changes to the practice of criminal law. In anticipation of the commencement of the Act, the Magistrates’ Court has published Practice Direction No.6 of 2009 – Summary Case Conference Procedure. This Direction deals with the new Case Conference procedure under the Act.

5 December 2009

Recent Papers

• Address by Justice Maxwell, President of the Court of Appeal on 7 October 2009 entitled ‘A New Approach to Criminal Appeals’ (MS-Word).
• Presentation Paper given by Her Honour Judge Sexton on 20 November 2009 entitled ‘Sexual Offences Trial Procedure and Evidence’ (MS-Word). Other papers and Audio from this half day seminar are available on the VicBar website, which is accessible from the ‘CPD’ button on the left hand side of the CBA website.

Recent appointment of members

Congratulations to Terry Forrest QC on his appointment to the Supreme Court, and to Jim Montgomery SC on his appointment to the County Court - you have both earned a ticket to next year’s dinner.

Congratulations also to David Brustman, Nick Papas, Andrew Tinney and Peter Morrissey on their appointment as Senior Counsel.

AGM held in October

Please find attached the minutes of the AGM held on 8 October 2009 (MS-Word). The new committee is:

• Chair: John Champion SC
• Vice Chair: Michael O’Connell SC
• Treasurer: Tom Danos
• Secretary: Megan Tittensor
• Ordinary Members: Ben Lindner, Tony Trood, Michael Cahill, Carolene Gwynn
• Elected / Consultative Members: Sarah Thomas, Peter Morrissey, Paul Higham, Rob O’Neill, Aggy Kapataniak

Uniform Evidence Act

Members are reminded that relevant provisions of the Evidence Act commence on 1 January 2010. The CBA have held a number of CPD’s throughout the year for which papers and podcasts are available. These are on the VicBar website which can be accessed from the ‘CPD’ button on the left hand side of the CBA website.

See: 20 November 2009; 18 September 2009; 14 September 2009; 7 September 2009; 31 August 2009; 17 August 2009; 21 July 2009;

12th International Criminal Law Congress 2010

The 12th International Criminal Law Congress will be held at the Sheraton Noosa Heads, Sunshine Coast, Queensland between Wednesday 20th and Sunday 24th October 2010 on the theme "A World without Boundaries - Crime in the 21st Century".

A highly motivated organizing committee chaired by Judge John Robertson of the District Court of Queensland based at Maroochydore Sunshine Coast, is putting together a programme which will explore contemporary issues of international and national criminal justice.

These include the law of terrorism, the International Criminal Court and the approach to some of these issues in the USA Australia and elsewhere. There will be themes touching on the "bikie laws" and the courts response to trials involving alleged organized crime. There will be research and theoretical streams designed to raise awareness of the scope and importance of these disciplines to the formation of balanced criminal justice policy. In keeping with previous conferences there is certain to be controversy and also fun with the traditional social functions being maintained (Vic Bar's Foley's List will once again be sponsoring the "Lawyers' Long Lunch"). The Chief Justices of Australia and Queensland have already agreed to participate subject to their court commitments. The conference should be of interest to not only Judges and Magistrates and practising lawyers, defence and prosecution, but also to teachers, researchers and students of law. As well as the venue, rooms will be booked in more modestly priced accommodation within walking distance of the venue.

For further info see http://www.crimlaw2010.com.

22 September 2009

NOTICE OF ANNUAL GENERAL MEETING

The Annual General Meeting of the Criminal Bar Association of Victoria Inc. will be held at 5.15pm on Thursday 8 October 2009 at the Neil Forsyth room, Level 1, Owen Dixon Chambers East.

The Annual General Meeting will consider business arising out of the following Agenda items:

1. Confirmation of minutes of AGM held on 16 September 2008.
2. Receive a report on the activities of the CBA for the year ending 30 June 2009.
3. Receive and consider the statement of assets and liabilities and expenditure and income of the CBA for the financial year 2007/8 (per s.30(3) Associations Incorporations Act 1981).
4. Election of officers of the Association and the ordinary members of the Committee.

Positions to be determined by election at the Annual General Meeting are: Chairman; Vice Chairman; Treasurer, Secretary and four (4) ordinary Committee members.

Please find attached:

• AGM Notice & Nomination Form
• Agenda for AGM
• Minutes of 2008 AGM
• Annual Report to 30 June 2009

Nominations must be in writing (a suitable form is included in the attached notice) signed by two nominating members and accompanied by the written consent of the candidate and must be delivered to the Secretary not later than 5.00pm on 1 October 2009.

Please deliver nominations to: Megan Tittensor, Secretary, Criminal Bar Association Inc., C/- Holmes List, 555 Lonsdale Melbourne, Vic 3000.

Only financial members may nominate or stand for positions or vote at the Annual General Meeting.

Drinks will follow the meeting in the Essoign Club.

Megan Tittensor
Secretary

For information posted prior to Sept. 2009, please visit the archive page.

COMMITTEE

Chair:
John Champion S.C.

Vice Chair:
Michael O’Connell S.C.

Treasurer:
Tom Danos

Secretary:
Megan Tittensor

Ordinary Committee Members:
Michael Cahill
Carolene Gwynn
Ben Lindner
Tony Trood

Appointed/Consultative members:
Paul Higham
Aggy Kapataniak
Peter Morrissey
Rob O’Neill
Sarah Thomas

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