District and Supreme Courts

Bench Books

“Criminal Trial Courts Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

“Sentencing Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

“Sexual Assault Handbook” – NSW Judicial Commission (link to NSW Judicial Commission website)

Disclosure

“Defence Disclosure in the District Court” Nerissa Keay – June 2017

“Criminal Procedure Amendment (Mandatory Pre-Trial Defence DIsclosure) Bill 2013” Peter O’Brien – March 2013

“Prosecution Disclosure (and Non-Disclosure) in Criminal Matters” Stephen Lawrence – June 2012

 Evidence in Trials

“Evidentiary Issues Arising in Joint Criminal Trials” Simon Buchen SC – November 2011.

Judge Alone Trials

“Judge Alone Trials – Practical Considerations” Peter Krisenthal – September 2015

“Trials in NSW by Judge Alone: Recent Legislative Changes” Mark Ierace SC – September 2011 (link to PD website)

Juries

The launch of “Jury Reasoning in Joint and Separate Trials” Report – Child Abuse Royal Commission (link to Youtube)

“Jury Reasoning In Joint and Separate Trials of Institutional Child Sexual Abuse: An Empirical Study” Professor Jane Goodman-Delahunty, Professor Anne Cossins, Natalie Martschuk – May 2016 (link to Child Abuse Royal Commission Site).

“Jury Directions” NSW Law Reform Commission Report 136 NSWLRC – November 2012 (link to NSWLRC site).

“Looking Inside The Jury Room” The Honourable Justice Peter McClellan AM – March 2011 (link to Supreme Court site)

“Juries in Criminal Trials” Law Commission of New Zealand – February 2001

Jury Advocacy

“What Do Juries Really Want?” Philip Strickland SC – February 2016 (link to PD site)

“Defence Closing Address: The Second Last Word” His Honour Judge Turnbull SC – 2010

“Addressing a Jury” His Honour Judge McClintock SC – 2009 (link to PD website)

For further advocacy papers – click on the Advocacy Page

Pre-Trial Publicity

“Dealing with Prejudicial and Adverse Publicity” Craig Smith SC and Jennifer Wheeler – March 2018 (link to PD site).

Practice Notes – District and SUPreme Court Criminal Law

See our Practice Notes page.

Sentencing

“Sentencing Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

“Tips for Your District Court Sentence Practice – What to Do and What to Avoid” Derek Buchanan – March 2020

“Sentencing, the District Court, and You.” William Buxton – June 2019

“Sentencing in Serious Criminal Matters” Eric Wilson SC – February 2010 (link to PD website)

“Tactical Plea Making in The Superior Courts” His Honour Judge Craigie SC and Chrissa Loukas SC – September 2009 (link to PD website)

“Sentencing in the District Court: Practical Considerations” John Stratton SC – September 2007 (link to PD website)

“Sentencing Advocacy” His Honour Judge Norrish QC – May 2005 (link to PD website)

Trial Directions

“Criminal Trial Courts Bench Book” – NSW Judicial Commission (link to NSW Judicial Commission website)

“Some Common Criminal Trial Directions In New South Wales” Mark Dennis – June 2018.

“Jury Directions in Sexual Assault Trials” Bill Neild – March 2017 (link to PD site)

“Sexual Assault Trial Directions” Mark Dennis – August 2010 (Second Edition).

Trial in Absentia

“My Client is a No Show – Warrants, Adjournments, Ex Parte Convictions, Section 4 Applications, Trials in Absentia – An Analysis of National and International Law.” Stephen Lawrence – September 2016.

Trial Preparation

“Preparing for Hearing or Trial” Peter McGrath SC, Deputy Director of Public Prosecutions (NSW) – August 2019

“The Importance Of The Pre-Trial Application And The Vagaries In The Subsequent Appeal Process” David Dalton SC – March 2014 (link to PD site).

“Preparation for Criminal Trial” Philip Strickland SC – March 2011

“Matters To Consider When Preparing and Conducting A Sexual Assault Trial” Her Honour Judge Flannery SC – March 2007 (link to PD website)