Attorney-General asks SAC to review Baseline Sentencing Attorney-General Martin Pakula has announced that he has asked the Sentencing Advisory Council (SAC) to review Victoria’s baseline sentencing scheme.

psicologia trading opzioni binarie For more details see the Attorney-General’s media release.

Suicide Prevention Training

The Health & Wellbeing Committee is offering Suicide Prevention Training to barristers on the 28 November 2015 at 9.00am to 1.00pm. 

This training is free. We believe it is essential training for members of the Bar. The training will help barristers to be alert to the signs of risk and equipping them with the skills to respond in a protective way. RSVP’s should be addressed to by the 20th November 2015.

AGM A reminder that the Annual General Meeting of the Criminal Bar Association of Victoria Inc. will be held at  opzioni binarie pochi euro a trade 5.15pm on Wednesday 25 November 2015 at the Neil Forsyth Room, Level 1, Owen Dixon Chambers East.

The Annual General Meeting will consider business arising out of the following Agenda items:

1.           Confirmation of minutes of AGM held on 19 November 2014 (see AGM Notice attachment).
2.           Receive a report on the activities of the CBA for the year ending 30 June 2015 (see Annual Report attachment).
3.           Receive and consider the statement of assets and liabilities and expenditure and income of the CBA for the financial year 2014/15 (per s.94(1) Associations Incorporation Reform Act 2012) (see Financial Statement attachment).
4.           Election of officers of the Association and the ordinary members of the Committee.

Positions to be determined by election at the Annual General Meeting are: Chairman; Vice Chairman; Treasurer, Secretary and four (4) ordinary Committee members

follow As is the usual custom, drinks will follow at the Essoign Club. 

Videoconferencing project expands

Some members have participated in a pilot of the videoconferencing system with prisons. Please see the evaluation material in a members email to be circulated in the next few days.

The Pilot is being expanded to permit all members of counsel to participate. Please contact Michelle Mykytowycz to get information about how to join the program.

Baseline sentencing ‘unworkable’: C of A

In DPP v Walters (a pseudonym) [2015] VSCA 303, the Court of Appeal held the baseline sentencing provisions to be unworkable. The appeal was brought by the DPP against a sentence said to be manifestly inadequate due to a failure to apply the baseline provisions. Whilst acknowledging the purpose of the legislation to effect a certain statistical outcome in sentences over time, the Court held that, in the individual sentencing task, “Parliament’s stated intention cannot be given effect to because the provisions contain no mechanism for its implementation and it is beyond the function of the Court to devise one.”

Members should note that the Court only had before it a Crown appeal against sentence. Stay tuned for what practical effect this decision may have in other cases.

Farewell Julie Sutherland!

The CBA offers a heartfelt farewell to Julie Sutherland!

Julie signed the bar roll on 23 May 1985 and finished her last trial last week with an acquittal. That’s 30 years, 5 months and 11 days of tireless work and fearless advocacy. We have all benefited from her leadership both in court and out. Sam Tovey undoubtedly spoke for us all at the end of that trial:

HER HONOUR:  Yes, now Mr … can leave the dock, and I’ll excuse everyone involved in this case, but I do need to ‑ ‑ ‑

MR TOVEY:  Your Honour, before that happens, if I could raise one matter?

HER HONOUR:  Yes, yes?

MR TOVEY:  Somewhat unusually, Your Honour, I’d just like to put one matter on the record prior to the court rising.  I’ve been privileged in this matter to be led by Miss Sutherland of counsel.


MR TOVEY:  Miss Sutherland has let us at our Bar know that this will be her final trial as counsel.  Having spoken to some from our Bar and specifically from the Criminal Bar Association, I’d simply like to on the record extend our great congratulations to her on a spectacular career that’s spanned more than 30 years.

It’s had an impact on many at the Bar and I’ve certainly been privileged to have that impact in recent days.  We simply wish to let her know that she’ll be sorely missed and that she’s welcome back anytime.  But more than anything else, we’d like to thank her for being such a great example of what it means to take the privilege role of counsel for such a long time.

HER HONOUR:  Yes, well thank you, Mr Tovey.  Can I endorse those remarks.  It’s been a privilege to have Miss Sutherland appear before me in this trial.  It is a terrible tragedy that she appears to have decided not to continue on and maybe she’ll change her mind having heard our expressions of opinion, but Miss Sutherland is a very well-known and very widely respected barrister at the Bar and amongst the judiciary and I endorse what has been said on her behalf.  Thank you very much, Miss Sutherland and Mr Tovey for all your assistance in this trial and of course, thank you Mr Moore.


New videoconferencing system – demonstration

The CBA brings to members’ attention this very important information session. The Court has extended the invitation to the Bar and LIV. Due to the size of the court room numbers are limited to 70 so get your response in quickly.


A demonstration of the features of video conferencing will be held on Friday 27 November in Court 1 of the Melbourne Magistrates’ Court commencing at 10.30am. The time allocated is 30-45 minutes. Numbers will be limited. Follow this link to follow url register and reserve a place. We look forward to seeing you there

The Video Conferencing Pilot Project (VCPP) is a trial of modern Video Conferencing technology and processes. It will initially link between courts and prisons and be flexible enough to include external agencies at a later date. The VCPP consists of two phases:

  1. the first phase commenced on the 20 April 2015 and involves increased video conferencing between selected Magistrates’ Courts and Prisons. This has increased the capacity of the system and improve its capability
  2. the second phase commenced on 19 October 2015, for selected legal practitioners, and will allow legal practitioners to conduct video conferences with clients in custody using a desktop, laptop, phone or tablet.

Expanding the use of video conferencing will reduce the need for practitioners to travel to prison and for accused to be moved unnecessarily. Legal Practitioners who are participating in the second phase trial will be in attendance to answer any queries. A demonstration of the video conferencing technology will be provided which will include:

  • how do you book a client video conference?
  • how does a legal practitioner contact their client in a Correctional facility on the day of the hearing by using the video conferencing technology?
  • what happens if a matter is stood down and the case is to be re-linked later in the day?

VCPP External Working Group