Legal Aid NSW Criminal Law Division

Episode 29 of the 5 Cases Podcast; Is everyone at CLANT? Caitlin and Paul are jealous but review 5 cases for you on the topic of fitness in the Children's Court; costs in the Local Court; The rule in Hofer v The Queen; objections to the admissibility of recorded interviews and the treatment of Edwards-style lies. 

The cases discussed are:

R v Nick [2026] NSWChC https://www.caselaw.nsw.gov.au/decision/19ed2e2b7a4450339aa3cf04

M v Joya [2025] NSWSC 1569 https://www.caselaw.nsw.gov.au/decision/19b2f2df56a559dfd0f6140a

Douglas v R (a pseudonym) [2026] NSWCCA 85 https://www.caselaw.nsw.gov.au/decision/19ed3312f144fb3c80edbe6c

R v GH [2026] NSWSC 740 https://www.caselaw.nsw.gov.au/decision/19eeddb253bbba89ca924758

[not published]  v R [2026] NSWCCA 75: https://www.caselaw.nsw.gov.au/decision/19e965108e069f60a4257dc5 

Section 18B of the Drug Court Act: https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-150#sec.18B

In this episode, barrister Kellie Stares SC shares practical insights from her experience on how to effectively cross-examine police officers. She explores strategies for dealing with experienced officers who are familiar with court processes and skilled at managing their presentation in the witness box. Kellie discusses techniques she uses to achieve fair outcomes, including carefully working through the paper trail, understanding what police guidelines require to go in notebook entries, and leveraging material uncovered through subpoenas. She also examines the serious consequences of “tunnel vision” in the prosecution of matters, and how it can negatively impact innocent accused persons. 
 
Kellie is presenting at the upcoming Criminal Law Conference and is nominated for the Terry Keaney Award alongside fellow members of the profession Rose Khalilizadeh, Cathy Hunter, Crystal Triggs and Elly Mason. You can find out more information about Kellie and her upcoming trial advocacy and summary hearing advocacy workshops at www.emalegaleducation.com.au

In this bumper episode, Sophie Anderson and Caitlin Akthar talk you through the new must-know High Court authority on tendency, The King v AR [2026] HCA 10; how to stop unfair Crown questioning of accused in McGuire v R [2021]NSWCCA 287 and [redacted]; the admissibility of expert certificates in JS v Director of Public Prosecutions (NSW)[2026] NSWCA 58, and whether the strength of the Crown case affects the utilitarian discount in SH v R [2026]NSWCCA 35.

1. The King v AR [2026] HCA 10

2. McGuire v R [2021] NSWCCA 287

3. [REDACTED]

4. JS v Director of Public Prosecutions (NSW) [2026] NSWCA 58

5. SH v R [2026] NSWCCA 35

Palmer v The Queen (1998) 193 CLR 1

Paul and Sophie take you through brief service order requirements in the Local Court in Nash v Local Court of NSW [2026] NSWSC 197. Local Court Judge powers to refuse entry of a plea in Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100. Ethical and practical considerations on advising your client whether to give evidence in their trial in AA v R [2026] NSWCCA 10. Aggregate sentencing in Commonwealth matters in The King v McGregor [2026] HCA 3 and special circumstances and what those circumstances may be in Duncan v R [2026] NSWCCA 19.

1. Nash v Local Court of NSW [2026] NSWSC 197

2. Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100

3. AA v R [2026] NSWCCA 10

4. The King v McGregor [2026] HCA 3

5. Duncan v R [2026] NSWCCA 19

Catch up on recent case law; and step back in time to 1884, in this recent episode of the 5 Cases Podcast, with guest Professor David Heilpern. Episode 26 is packed with refreshers on the law, current decisions and favourite cases picked by our special guest. 

Dpp v Carr [2002] NSWSC 194 (25 January 2002)

Police v Butler [2003] NSWLC 2

R v Dudley & Stephens (1884) 14 QBD 273

BV v R [2025] NSWCCA 217 (12 December 2025)

Jindalee Road Wines Pty Ltd v Natural Resources Access Regulator; Littore v Natural Resources Access Regulator [2025] NSWCCA 215 (10 December 2025)

Also

2024 Hal Wootten Lecture with Professor David Heilpern - YouTube

Report: Good character at sentencing