Admissions
“Excluding Admissions on the Basis of Oppressive Conduct – An Anarchist’s Guide to Section 84 of the Evidence Act 1995 (NSW).“ Mark Dennis SC – March 2021 CLICK HERE TO SEE THE VIDEO
“Table of Authorities – Applications to Exclude Formal Recorded Police Interviews (ERISP’s)” – Derek Buchanan and William Bruffy – January 2021
“Mission Impossible? Excluding Admissions To Police.” Riyad El-Choufani and Daniel Pace – August 2019
“Oppressive Conduct and Section 84 of the Evidence Act 1995 (NSW) – A Case Study Concerning R v Sumpton [2014] NSWSC 1432.” Mark Dennis SC – May 2015
“Excluding ERISP’s Of Clients With An Intellectual Disability” Elizabeth Nicholson – May 2015
“Excluding Admissions” Arjun Chhabra – May 2015
“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014
“Admissibility of Admissions – Aboriginal and Torres Strait Islanders Suspects” Her Honour Judge Yehia SC – August 2012 (link to PD website)
“The Gathering and Adducing of Admissions in NSW and The ACT” Stephen Lawrence – August 2012
“Admissibility Issues Arising From Detention of Suspects for Investigation Under Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)” Stephen Lawrence – March 2012
“Excluding Evidence of Admissions” Her Honour Judge Yehia SC – March 2010 (link to PD website)
Browne v Dunn (The rule in Browne v Dunn)
“Evidence Update on The Application of the Rule in Browne v Dunn in Criminal Trials” Her Honour Judge Sophia Beckett – August 2012
Children’s Court and Evidence
“Competence of Children to Give Evidence in Criminal Proceedings & Cross-Examination of Child Witnesses” Nerissa Keay – August 2013
“Evidence As It Relates to Children and Young People” Angela Cook – November 2011.
Circumstantial Evidence
“Strands in a Cable: DNA Reliance in Circumstantial Cases.” Gabriel Chipkin – June 2019
“Circumstantial Evidence in Criminal Cases” Ian Barker QC – June 2010
Commentary on The Evidence Act 1995 (NSW)
“A Working Guide to the Evidence Act(s)” Anton Hughes – October 2013
“The Evidence Act 1995 (NSW) – Important Provisions Relating to the Conduct of Criminal Proceedings” Chris Maxwell QC – November 2009
Competence and Compellability
“Witnesses in Criminal Proceedings” Stephen Lawrence – November 2018
“Competence of Children to Give Evidence in Criminal Proceedings & Cross-Examination of Child Witnesses” Nerissa Keay – August 2013
“The Three C’s – Competence, Compellability and Credibility” John Nicholson SC and Elizabeth Nicholson – June 2013
Context Evidence
“Context Evidence – Or How Does That Get In?” Sharyn Hall SC – August 2021 (link to Legal Aid site)
“Context Evidence (and how it differs from Tendency and Coincidence Evidence)” Arjun Chhabra – March 2016
Continuity Evidence
“Continuity Evidence in Criminal Cases” Benjamin Pierce – November 2011
Credibility Evidence
“Cut and Paste Credibility Evidence” Benjamin Pierce – November 2014
“The Three C’s – Competence, Compellability and Credibility” John Nicholson SC and Elizabeth Nicholson – June 2013
“Credibility Evidence – Attack and Defence” Tom Quilter May 2013
“A Practical Approach to the Credibility Rule – When Why and How” Michelle Fernando – August 2012
“Powerpoint Presentation accompanying A Practical Approach to the Credibility Rule – When Why and How” Michelle Fernando – August 2012
“Credibility Evidence in Criminal Proceedings” Mark Dennis SC – June 2011
Discretionary and Mandatory Exclusion
“Unlawfully Obtained Evidence: Discretion and Policy” Her Excellency Governor Margaret Beazley AO QC – March 2021 (link to PD site)
“Section 90 of the Evidence Act: An Overview / Mechanics of the Provision” Arjun Chhabra – September 2015
“Exclusion of Evidence – Thinking Strategically.” His Honour Judge Haesler SC – August 2015
“Is The Weight of the Evidence Material To Its Admissibility?” The Honourable Dyson Heydon AC QC – Paul Byrne SC Memorial Lecture – October 2014 (link to Austlii site)
“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014
“Excluding Evidence Under Section 137 of the Evidence Act 1995 (NSW).” Richard Leary – December 2013
“Reckless Conduct and Section 138 of the Evidence Act” Arjun Chhabra – December 2012
“Judicial Discretions” Lloyd Babb SC, Director of Public Prosecutions (NSW) – April 2012 (link to ODPP site)
Documents
“The Use of Documents in Cross-Examination and Evidence in Chief in Criminal Trials” Dina Yehia SC – October 2010 (link to PD website)
Domestic Violence Evidentiary Provisions
“Domestic Violence Evidence in Chief (DVEC)” Rob Hoyles – December 2015
“Evidence In Chief Reforms For Victims of Domestic Violence – Practical Issues For Defence Lawyers.” Nerissa Keay – July 2015
Experts
“Preparing & Presenting Your Expert” Hugh Selby – July 2015
“Expert Evidence” Her Honour Judge Dina Yehia SC – May 2015
“The Admissibility of Expert Evidence Under The Uniform Evidence Act” – The Honourable Justice Peter McClellan AM – October 2009 (link to Supreme Court site)
Hearsay
“Hearsay II – The Children of Adam” Paul Townsend – June 2010
“Hearsay” Paul Townsend – July 2009
“The Hearsay Rule in the Children’s Court” His Honour Judge Haesler SC – May 2009 (link to PD website)
Identification
“Social Media Identification and IMM.” Rory Pettit – March 2019
“Powerpoint Presentation (in PDF Format) Accompanying Social Media Identification and IMM. Part 1 of 2″ Rory Pettit – March 2019
“Powerpoint Presentation (in PDF Format) Accompanying Social Media Identification and IMM. Part 2 of 2″ Rory Pettit – March 2019
“Identification Evidence” Mark Dennis SC – March 2018 CLICK HERE TO SEE THE VIDEO
” ‘Would I Lie To You?’ An Examination of Eyewitness Testimony in a Criminal Trial.” Her Honour Judge Penelope Wass SC – June 2016
Impermissible Questions
“Impermissible Questions Asked by Police in Records of Interview and Prosecutors in Cross-Examination” Paul Townsend and Lester Fernandez – July 2006
Opinion Evidence
“Lay Opinion Evidence” Brian Hancock – September 2014 (link to PD website)
Reasonable Suspicion
“Table of Authorities for Reasonable Suspicion to Stop and Search under Sections 21 and 36 LEPRA.” Derek Buchanan – January 2020
Self-Incrimination and The Right to Silence
” ‘I Don’t Have To Talk To You, You Giraffe’ – A Discussion Paper on the Right To Silence.” Mark Dennis SC – March 2020. CLICK HERE TO SEE THE VIDEO.
“The Right to Silence – How It Operates in England and Wales” Colin Wells – July 2013 (link to PD site).
“Right To Silence” Troy Edwards – May 2013
“The Attack on the Right to Silence, An English Method in the Antipodes – ‘Should We Worry?’ “ Daniel Smyth – April 2013
“Watering Down The RIght To Silence” Kenneth Averre MBE – April 2013
“The Attack on the Right to Silence” Phillip Boulten SC – February 2013
“NSW Right to Silence Reforms” Associate Pofessor David Hamer – February 2013
“Address to NSW Labor Lawyers Re The Proposed Amendment To The Right To Silence” Samuel Pararajasingham – November 2012
“The Modified Right To Silence: The Experience From England and Wales” Jake Harris – November 2012
“Certificates to Protect Against Self-Incrimination under s.128 of the Evidence Act 1995 (NSW) and s.61 of the Coroners Act 2009 (NSW)” John Agius SC – October 2010
“The Right to Silence” Rosmarie Lambert – June 2010
Sexual Assault Communications Privilege
“Sexual Assault Communications Privilege – The Law and Practical Considerations” Cara Feiner – March 2020
“Sexual Assault Communications Privilege” Ian Nash – February 2014 (link to PD site)
“Sexual Assault Communication Privilege” Angela Cook – June 2013
“The Role of the Sexual Assault Communications Privilege Lawyer” Rosemarie Lambert – August 2012
Standard of Proof
“Beyond Reasonable Doubt” Bharan Narula – March 2018
Tendency and Coincidence
“In Defence of Tendency – Adducing Tendency Evidence for the Defendant” Caitlin Akthar – March 2024
” ‘Turning the Tables’: Defence Tendency Applications in Criminal Trials” Gabriel Chipkin – June 2022
“Tendency Evidence in 2020” Nicholas Broadbent and Derek Buchanan – November 2020 (link to PD site)
“Bauer and McPhillamy – Update on Admissibility and Use of Tendency and Coincidence in Child Sexual Assault Matters.” – Stuart Bouveng – March 2019 (link to PD site)
“Tendency and Coincidence Evidence – Admitting Evidence Arising From Prior Acquittals” – Michael King, Deputy Senior Public Defender – March 2019 (link to PD site).
“Tendency, Coincidence and Joint Trials.” His Honour Judge Gartelmann SC DCJ – March 2018 (link to PD site)
“Tendency and Coincidence Evidence” Peter McGrath SC – August 2017 (link to Legal Aid NSW site).
“Context Evidence (and how it differs from Tendency and Coincidence Evidence)” Arjun Chhabra – March 2016
“Tendency, Coincidence & Joint Trials.” Tim Game SC, Julia Roy and Georgia Huxley – September 2015
“Zombie Slayers and Mexican Standoffs – Current Issues in Tendency Law.” Michael King – July 2015
“Uniformity And Similarity? Tendency Evidence Under the Uniform Evidence Law” The Honourable Justice M J Beazley AO – October 2014 (link to NSW Supreme Court site)
“Tendency and Coincidence Evidence” Craig Smith SC – July 2013 (link to PD site)
Powerpoint presentation accompanying “Tendency and Coincidence Evidence” Craig Smith SC – July 2013 (link to PD site)
“Tendency and Coincidence Evidence in Criminal Cases” Ian Barker QC – November 2011
“Tendency and Coincidence Evidence” Her Honour Judge Yehia SC – November 2011 (link to PD site)
“Arguing the Admisssibility of Tendency Evidence – An Interactive Case Scenario” Chris Maxwell QC – March 2011
“Tendency and Coincidence Evidence” John Stratton SC – September 2008 (link to PD website)
Trials – Evidentiary Issues
“Evidentiary Issues Arising in Joint Criminal Trials” Simon Buchen SC – November 2011.
Voir Dire
“The Voir Dire” Ertunc Ozen SC – March 2019
“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014
“Running a Voir Dire in the Local Court” Paul Townsend and Lester Fernandez – October 2006
Vulnerable Witnesses
“Issues For the Defence in Trials With Pre-Recorded Evidence of the Vulnerable Witnesses” Scott Corish – June 2015
Witnesses
“Dealing with section 38 of the Evidence Act.” (link to PD site) Tony Envers – March 2023
“Section 32(1), 32(3) and 38 of the Evidence Act 1995 (NSW) – An Analysis, Explanation and Guide.” Tomas Gooley – January 2022
“Witnesses in Criminal Proceedings.” Stephen Lawrence – November 2018
“Issues For the Defence in Trials With Pre-Recorded Evidence of the Vulnerable Witnesses” Scott Corish – June 2015
Memory, Law and Litigation Philip Strickland SC – September 2011
“Dealing With Absent and Unfavourable Witnesses in the Local Court” Tom Quilter – July 2008