Caitlin discusses the law of arrest in State of New South Wales v Dennis [2025] NSWCA 118, consent and intoxication in sex offences in Smee v R [2024] NSWCCA 121, EAGP Discounts in Rokovada v R [2025] NSWCCA 64, Bugmy principles and general deterrence in NK v R [2025] NSWCCA 73 and reducing a sentence for ‘quasi-custody’ in Testici v R [2025] NSWCCA 88.

Going to the Legal Aid Conference or Criminal Lawyers Dinner? Head to the website here: 2025 Criminal Law Conference

Welcome to Episode 19 of the 5 cases podcast. In this episode, Caitlin and Sophie discuss :

1. Complainant demeanour in The King v Ryan Churchill (a pseudonym) [2025] HCA 11.
2. The High Court weighs in on prosecutorial disclosure in Brawn v The King [2025] HCA 20,
3. The legal effect of agreements between the Crown and accused in Sayer-Jones v R 2022 NSWCCA 99
4. An important case on the correct process for managing Sexual Assault Communications Privilege or SACP issues in JK v R [2025] NSWCCA 44;
5. The relevance (or lack thereof) of the Guideline decision in Ponfield in MacBlane v The King [2025] NSWCCA 52

Check out the program, buy tickets and register for the 2025 Criminal Law Conference

'CDTCC is a wonderful tool, in an advocate's toolkit.' Pete Bartels is a senior lawyer and subject matter expert on the CDTCC. He joins Martin Dalitz, senior Drug Court lawyer as they chat about how to get clients accepted, what the program looks like and why it's changing lives.

The Aboriginal Service Branch (ASB) has put together a new podcast episode called ‘Your Honour, it’s a cultural thing! Black Letter Lore: Representing Mob with Culture in Mind.’ In this podcast, Director, Kim Hamer, Senior Solicitor Taylah Gray, and Senior Project Officer, Kyle Burgess, unpack the best practices for culturally appropriate representation, the role of Aboriginal Field Officers, and the importance of understanding Indigenous kinship, language, and cultural obligations.

Paul and Caitlin discuss the High Court’s decision on judicial immunity, the common-law offence of escape, a new case on 22C of the Bail Act, mental health diversion for Commonwealth offences, and the extent of a Children’s Court sentencing powers in the following cases:

1. Queensland v Mr Stradford (a pseudonym) [2025] HCA 3
2. Elali v R [2025] NSWCCA 9
3. R v JS [2025] NSWSC 116
4. R v Skapik [2025] NSWCCA 19
5. PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16

In this episode Sophie and Paul chat with Raelene Sharpe KC, about her first year at the CDPP, what solicitors can expect if they work at the CDPP, and 5 Commonwealth cases.

• Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024)
• R v Munro [2024] QCA 136 (30 July 2024)
• Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024)
• McGregor v R [2024] NSWCCA 200
• The King v Hatahet [2024] HCA 23 (12 June 2024)

Sophie and Caitlin discuss coercive control, extending AVOs in order to revoke them, the Liberato direction and the assessment of objective seriousness on sentence in the following cases:

1. Pickford & Pickford [2024] FedCFamC1A 249
2. Elahmad v R [2024] NSWCCA 250
3. Commissioner of NSW Police v Murphy [2024] NSWCA 311
4. Evans v R; Evans v R [2024] NSWCCA 245
5. JL v R [2024] NSWCCA 246

In this episode, Paul, Caitlin and Sophie have met on Gadigal land to discuss the following cases:

• DPP v Smith [2024] HCA 32
• BQ v R [2024] HCA 29
• R v Fisher [2024] NSWCCA 191
• Barker v R [2024] NSWCCA 227
• KL [2024] NSWSC 1334