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.

1. Dpp v Carr [2002] NSWSC 194 (25 January 2002)
2. Police v Butler [2003] NSWLC 2
3. R v Dudley & Stephens (1884) 14 QBD 273
4. BV v R [2025] NSWCCA 217 (12 December 2025)
5. 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

1. Crime Night! (ABC Television Series) https://iview.abc.net.au/show/crime-night
2. The Jury: Death on the Staircase (SBS Television Series) https://www.sbs.com.au/ondemand/tv-series/the-jury

Books

1. Illuminate: Ignite Change Through Speeches, Stories, Ceremonies and Symbols. Nancy Duarte (2016).
2. Secrets of the Jury Room. Malcolm Knox (2005)
3. Slide:ology: The Art and Science of Creating Great Presentations. Nancy Duarte (2008).

Podcasts

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

Paul, Caitlin and Sophie round out the year with the latest on:

1. The boundaries of search powers under the Firearms Act, LEPRA and the Common Law in AA v Constable Michael Moore [2025] NSWSC 1241
2. The use of evidence obtained by community vigilantes in Director of Public Prosecutions (NSW) v Beeby [2025] NSWSC 1307
3. Exclusive possession of drugs and cash in English v R [2025] NSWCCA 184
4. The application of De Simoni in SZ (a pseudonym) v R [2025] NSWCCA 196
5. Imposing a non-parole period of more than 75% and considering the total period of custody in Matthews v R [2025] NSWCCA 175

In this episode, Paul Coady SC will take you through: A listener shout out! A special leave application discussing integrity of judicial power and the ANOM app in CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37 and a related book review; An alternative pathway of admissibility in expert reports in Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172. Can you raise good character when there is a pending investigation but no conviction? Find out in the cases of Radburn (a pseudonym v R [2025] NSWCCA 125 and Neil v R [2025} NSWCCA 160. Recklessness and consent will be discussed in a decision that we cant name, but the citation is [2025] NSWCCA 119 and finally, Bugmy principles and whether an offender is an appropriate vehicle for general deterrence in DG v R [2025] NSWCCA 137.

1. CD v The Commonwealth of Australia (A2-2025 & A24-2024) [2025] HCA 37
2. Director of Public Prosecutions (NSW) v JS [2025] NSWSC 1172
3. Radburn (a pseudonym ) v R [2025] NSWCCA 125
4. Neil v R [2025] NSWCCA 160
5. [Decision not named] [2025] NSWCCA 119
6. DG v R [2025] NSWCCA 137
7. Point Made by Ross Guberman

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.

In part two, all three lawyers will take you through a practical guide to running applications.

This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW).

The views expressed in this podcast are not necessarily the views of Legal Aid NSW.

Legal Aid NSW lawyers, join forces with Aboriginal Legal Service NSW/ACT Ltd to discuss the new bail test introduced under s22C of the Bail Act as it relates to children. In this two-part episode, you will hear frank discussion on the decision to introduce the section. How it's impacted vulnerable children, particularly Aboriginal children in the context of Closing the Gap and learn about the evolving case law.

In part two, all three lawyers will take you through a practical guide to running applications.

This episode is brought to you by Claudia Cejas (Children's Legal Service), James Clifford (Aboriginal Legal Service NSW/ACT Ltd) and Lucy Maranga (Legal Aid NSW).

The views expressed in this podcast are not necessarily the views of Legal Aid NSW.

Caitlin and Sophie discuss bail, in the Local Court pending DC Appeal of Allsopp v R [2025] NSWDC 338, the test for making AVOs in Smith v Blanch [2025] NSWCA 188, sentencing for Form 1 offences in Koosmen v R [2025] NSWCCA 122, whether a causal nexus is required to take mental illness into account in Lane v R [2025] NSWCCA 113, and whether you can be struck off the roll for being rude in Council of the Law Society of New South Wales v Sideris [2025] NSWCA 159.

You can find a link to all the cases here:

1. ALLSOPP v R[2025] NSWDC 338
2. Smith v Blanch[2025] NSWCA 188
3. Koosmen v R[2025] NSWCCA 122
4. Lane v R [2025] NSWCCA 113
5. Council of the Law Society of New South Wales v Sideris[2025] NSWCA 159