Legal Aid NSW Criminal Law Division

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

Tom Quilter SC, Dr Andrew Ellis, consultant psychiatrist and Callum Hair, solicitor advocate, come together to discuss what happens in the legal system for people who are charged with a serious offence, who have a mental health or cognitive impairment. They examine the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, assessing a person for fitness, and talk about why early collaboration between criminal and civil systems is important for the long-term recovery of the person and community safety as a whole. 

Special thanks to host Rhiannon McMillan and to Michelle McDonald and Helen Shaw for there early work on this podcast.

Paul, Sophie and Caitlin recommend some tv, podcasts and reading to keep criminal lawyers entertained over the holiday period.

TV

Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night

The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury

Books

Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols. Nancy Duarte (2016).

Secrets of the Jury Room. Malcolm Knox (2005)

Slide:ology: The Art and Science of Creating Great Presentations. Nancy Duarte (2008).

Podcasts

The Advocacy Podcast: https://www.theadvocacypodcast.com/

Mushroom Case Daily, (ABC Podcast)https://www.abc.net.au/listen/programs/the-case-of/introducing-mushroom-case-daily/103600002