- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Advocacy; Criminal Law; Litigation
- Delivered: November 2024
Digital Content
- Recording
- Papers (None)
To purchase login below
Description
This is one of two in a series in which Pip Monk, Principal, Monk Lawyers, and James Oxley, Principal, James Oxley Barrister & Solicitor present topics of benefit to practitioners starting out, or early in, their criminal law practice. There is no need to have attended or viewed session 1: Criminal Hearings in the Magistrates Court, however this can be accessed here. This second session covers:
- Taking instructions from alleged perpetrators of family violence in a manner which does not contribute to the cycle of violence. What are your ethical responsibilities, and how can you manage expectations early?
- Bail applications in a family violence context – how to manage s12, proposed bail conditions and how to avoid submissions that do not help your client.
- How to craft pleas in mitigation that appropriately address the relevant issues, without victim blaming and diminishing your client's responsibility – a careful balancing exercise that requires thought and skill.
- How to prepare family violence hearings – cross examination of complainant's, dealing with s38 applications, body worn camera footage and evidentiary issues that arise.
The presenters hope that you come away from this session:
- feeling more confident in taking instructions from clients;
- knowing what to say and not what to say in bail applications and pleas in mitigation; and
- how to run a defended family violence hearing, and how to deal with the frequent issues that arise in these hearings.
- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Advocacy; Criminal Law; Litigation
- Delivered: November 2024
Digital Content
- Recording
- Papers (None)
To purchase login below
Description
This is one of two in a series in which Pip Monk, Principal, Monk Lawyers, and James Oxley, Principal, James Oxley Barrister & Solicitor present topics of benefit to practitioners starting out, or early in, their criminal law practice. There is no need to have attended or viewed session 1: Criminal Hearings in the Magistrates Court, however this can be accessed here. This second session covers:
- Taking instructions from alleged perpetrators of family violence in a manner which does not contribute to the cycle of violence. What are your ethical responsibilities, and how can you manage expectations early?
- Bail applications in a family violence context – how to manage s12, proposed bail conditions and how to avoid submissions that do not help your client.
- How to craft pleas in mitigation that appropriately address the relevant issues, without victim blaming and diminishing your client's responsibility – a careful balancing exercise that requires thought and skill.
- How to prepare family violence hearings – cross examination of complainant's, dealing with s38 applications, body worn camera footage and evidentiary issues that arise.
The presenters hope that you come away from this session:
- feeling more confident in taking instructions from clients;
- knowing what to say and not what to say in bail applications and pleas in mitigation; and
- how to run a defended family violence hearing, and how to deal with the frequent issues that arise in these hearings.
Philippa Monk, Principal, Monk Lawyers
About the Presenter:
Ms Pip Monk graduated from UTAS in 2010 and has acquired over a decade of experience as a leading advocate and criminal defence lawyer in Tasmania and South Australia. After graduating Pip moved to South Australia where she began working for the Legal Services Commission of South Australia. She returned to Tasmania in 2013 and worked for Tasmania Legal Aid from 2013-2023. She is known for her expertise in criminal law. Now based in Hobart, Pip recently established her own legal practice, Monk Lawyers. Pip is a current member of The Law Society of Tasmania's Criminal Law Committee.
James Oxley, Principal, James Oxley, Barrister & Solicitor
About the Presenter:
Mr James Oxley has specialised in criminal law throughout his career, and now only practices in this area. James moved to Launceston in 2008 and commenced working in private practice at Archer Bushby, where he worked in general litigation and criminal law. Between 2012 and 2023 he worked at Tasmania Legal Aid (TLA) in a range of criminal law roles before being appointed Associate Director Criminal Law. In that role, he was responsible for leadership of the statewide criminal practice at TLA. James has conducted many jury trials for a range of crimes, achieving not guilty verdicts in murder, rape, arson, robbery, assault, and wounding trials. He has also appeared on a range of complex cases in the Supreme Court including special hearings to determine fitness to stand trial, cases with clients who had significant mental impairments and complex sentencing hearings. James also appears in the Magistrates Court for bail applications, hearings, disputed facts hearings, special hearings, pleas of guilty, court mandated drug cases, mental health diversion list cases, youth justice cases and many others. James is a current member of The Law Society of Tasmania's Criminal Law Committee.
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About the Presenter:
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About the Presenter: