Following the recent judgment in Brown v The Queen  VSCA 212, Associate Professor Andrew Carroll and Dr Danny Sullivan discuss the forensic assessment of personality disorders and its relevance to sentencing.
Pamela Matthews has practiced independently as a Forensic Psychologist in the State and Federal Court system for the past 24 years.
In this CPD, she will focus on the diagnosis and treatment of sexual offenders. What is involved in assessing future risk? How predictive are the risk assessment tools? These questions and more will be answered.
Part 5A of the OHS Act – which creates the offence of workplace manslaughter – comes into force on 1 July 2020.
The new offence is based on common law manslaughter but does not adopt the common law test of gross negligence. It also sits in a framework of negligence offences in the OHS Act which will lead to some complexity in trials where there are multiple counts, multiple offenders or both. This session will outline the basics of the new offence, the policy behind it and the potential difficulties in its operation.
The recent introduction of Evidence Amendment (Tendency and Coincidence) Bill 2020 (NSW) by the NSW Government, likely to be soon followed in Victoria, expressly and aggressively lowers further the threshold for admissibility of tendency evidence insofar as it relates to child sex offences.
Following on the heels of the High Court’s recent tendency rulings, the proposed legislation turns up the heat on the debate about whether that threshold has been lowered too far or doesn’t go far enough, whether this discrete aspect of evidence law should be fragmented, and amplifies the disconnect between modern tendency law and the underlying principles developed through more than a century of common law.
Since 1989 DNA evidence has been relied upon in Australian courts to secure convictions. In subsequent years there has been significant developments in the technology used to obtain DNA, from 9 to 21 loci and STRMix, and the application of DNA including the establishment of a national DNA database. Every step along the way has been the subject of legal challenge with a considerable body of case law being the result.
The future for practitioners is likely to see just as much development with an increasing reliance in prosecutions upon familial searching, the profiling of mitochondrial DNA (mtDNA) and Y-chromosome DNA and forensic DNA phenotyping (FDP). This seminar will discuss these changes and explore future directions.