Criminal Law
This is Piddington’s online CPD library with specialist sessions on criminal law.
If you are looking for other online CPD sessions click the following:
Please note:
Some sessions were recorded before the current CPD year. In accordance with Legal Profession Uniform Law Application Act (2022), Legal Profession Uniform Continuing Professional Development (Solicitors) Rules (2015) and Legal Profession Uniform Continuing Professional Development (Barristers) Rules (2015), the sessions and questions are regularly reviewed for relevance, and changed or deleted where appropriate.
Unless otherwise marked, all of our sessions are considered “interactive”.
Roder – The Right Way
Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 was delivered by April 2024 and considers important issues related to cross-admissibility applications, propensity evidence, jury directions and tendency evidence, particularly in relation to sexual offences.
In this session, the Hon Justice Sam Vandongen (Court of Appeal until December 2024; Federal Court of Australia from December 2024) and Senior State Prosecutor Gemma Beggs discuss the case and key issues for prosecution and defence lawyers. Justice Vandongen speaks to the background of the case, the reasoning and jurisprudence. Ms Beggs speaks to issues relating to the application of the decision, particularly on applications that may be brought by the State, the types of directions judicial officers should give and what issues practitioners should be looking out for in light of this decision.
CPD points: 1 CA4 (Substantive Law).
Recorded between 1 April 2024 and 31 March 2025
Mentally Impaired Accused - Perspective from policy-makers and practitioners
The Criminal Law (Mental Impairment) Act 2023 saw an overhaul of the management and treatment of people with mental impairments in the justice system. With a focus on the human rights of these individuals and procedural fairness, the Act saw changes to powers of the judiciary, processes of custody orders, appeals procedures and the establishment of a new Mental Impairment Review Tribunal, amongst others.
This session brings together Marion Buchanan (who was the Principal Policy Adviser to the WA Attorney General during the development of the laws) and Craig Astill, who was then a barrister and now a Judge.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Ethical issues with client management and family violence
Led by Nicola Ashford (ASB Law), join this discussion and Q&A on ethics in family law focused on supporting clients when family violence is a factor. Considering the amendments to family law legislation, the speakers will consider issues including proofing clients, gathering evidence and substantiating claims.
Speakers include the Hon Justice Robin Cohen (Family Court of Western Australia), Jane Tudor-Owen (Office of the Director of Public Prosecutions)
CPD points: 1 CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2023 and 31 March 2024.
Briefing Counsel
Whether you brief counsel regularly or infrequently, it can be a daunting undertaking.
While all barristers have different requirements for their briefs, this session will look at how your briefs should consider case theory, how to frame that and how this supports the efficient resolution of a dispute.
The speakers have different practice areas to share their advice, insight and tips for getting this right. The speakers are Craig Astill, Hayley Cormann and Rachel Oakeley. This session was recorded prior to the appointments of Judge Astill and Judge Cormann.
CPD points: 0.5 in CA1 (Practice Management) and 0.5 in CA2 (Professional Skills).
Recorded between 1 April 2022 and 31 March 2023.
O'Dea v Western Australia: The after party
A landmark decision for criminal lawyers, which was in relation to multi-accused offences and clarified the use of sections 7 and 8 in the Criminal Code (WA).
Join her Honour Mara Barone SC (District Court of Western Australia) and Robert Owen (Director of Public Prosecutions) as they consider the decision and explore how this affects cases moving forward and the need to address party liability in trials.
CPD allocation: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
Guiding clients with FASD and related health issues through the justice system
Magistrate Alana Padmanabham (Children's Court of Western Australia) and Dr Hayley Passmore (Telethon Kids Institute, University of Western Australia) give an overview of what FASD is, the impact it has on clients, how to better communicate with them and maintaining their engagement through legal proceedings.
CPD allocation: 0.5 points in CA2 (Professional Skills), 0.5 points in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2022 and 31 March 2023.
Snapchat, disappearing and encrypted message platforms as evidence
The Hon Justice Sam Vandongen (Court of Appeal) and Elly Sturgeon (Corrs Chambers Westgarth) work through issues relating to disappearing message platforms.
Ms Sturgeon provides an overview of the technology and general terms and conditions of platforms. Justice Vandongen outlines the law relating to the technology and how it can be used as evidence.
CPD allocation: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
Working with and supporting LGBTIQA+ clients
While most legal discrimination against LGBTIQA+ people has been removed, challenges continue to face the community.
In this session, hear from members of the community and lawyers who have supported LGBTIQA+ people with legal issues and through the justice system. This session will primarily consider supporting these clients and navigating the often complex legal issues that face them.
Speakers: Lauren Butterly (Pride WA), Briannen Morrow (Butlers Lawyers and Notaries) and Aidan Ricciardo (UWA Law School)
CPD points: 1 CA1 (Practice Management).
Recorded between 1 April 2023 and 31 March 2024.
DNA EVIDENCE - A HOW-TO GUIDE
Sam Vandongen SC and Penny Cooper (PathWest) walk through how to use DNA evidence, what to expect when you receive it and what additional information should be requesting.
Mr Vandongen SC also considers courtroom application of DNA evidence and how to question it.
CPD points: 0.5 points in CA2 (Professional Skills); 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
ETHICS AND CRIMINAL LAW WITH SAM VANDONGEN SC
Leading criminal silk, Vandongen SC, discusses the ethical challenges that arise from being a criminal lawyer.
CPD points: 1 point in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2019 and 31 March 2020.
BODY WORN CAMERA EVIDENCE
Since their introduction, body worn cameras have become a unique tool of the police.
In this session, consideration will be given to issues including the admissibility of body worn camera footage in court, relevance of the footage in trial, how it can be helpful, admissibility of admissions made to police wearing body worn cameras and other considerations of body worn cameras.
Speakers: Magistrate Genevieve Cleary, Lisa Boston (Francis Burt Chambers), Rebekah Sleeth (Albert Wolff Chambers).
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
MATTERS BEFORE THE CHILDREN’S COURT
Her Honour Magistrate Wendy Hughes, Simon Freitag SC (as he then was) and prosecutor Clare Cullen share their experiences in the Children’s Court - what works and what doesn’t, engaging the client, telling their story and contextual factors that make an impact.
CPD points: 0.5 points in CA2 (Professional Skills) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
GATHERING EVIDENCE AND INSTRUCTIONS - INDIGENOUS LANGUAGES, ENGLISH AND THE LAW
Introduced by Gningala Yarran-Mark, the first Indigenous person to be an associate to a superior court judge, Deanne Lightfoot (Aboriginal Interpreting WA), Professor Diana Eades (University of New England) and Melita Medcalf (Legal Aid WA) discuss the use of Indigenous languages in the justice system, how to engage interpreters, taking instructions and cultural issues that arise between lawyers and Indigenous clients.
CPD points: 1 point in CA2 (Professional Skills).
Recorded between 1 April 2020 and 31 March 2021.
A VIEW FROM THE DISTRICT COURT
Their Honours Judges Troy Sweeney SC, David MacLean and Mara Barone SC consider what they have learned on the Bench, what they are seeing and how advocates can be more persuasive before them.
With candour and humour, their Honours office insight into what makes a good advocate and what practitioners should be wary of.
CPD points: 0.5 CPD points in CA2 (Professional Skills), 0.5 points in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2020 and 31 March 2021.