CURRENT ISSUES IN SENTENCING
6–7 FEBRUARY 2016
The National Judicial
College of Australia and
the ANU College of Law
are delighted to invite you
to attend their biennial
sentencing conference.
The conference will be held
at the John Curtin School of
Medical Research on
6 & 7 February 2016.
National Judicial
College of Australia
ANU College of
Law
The conference will focus upon sentencing
in the context of:
>> Sentencing and neuroscience – using
neuro psychological evidence as a
mitigating factor at sentence
>> Indigenous Australians – looking
through the Indigenous lens, pathways
to and from offending
>> Women in prison in Australia – can
sentencing of women who are victims
of abuse accommodate the social
problems that underpin the offending?
Is enough being done to keep women
offenders from returning to prison?
>> Domestic violence cases – do crimes
committed in the domestic context
attract a lesser sentence than for other
offences of comparable violence and,
do specialist family violence courts
actually work?
Opening Speaker
Her Excellency Professor
The Honourable Kate Warner AM
The Committee hopes you will participate in
this conference and looks forward to seeing
you there.
Registration
Registration can be completed online at
njca.com.au. An early bird registration rate
is available until 31 December, and includes
a social function on the Saturday afternoon
at no extra cost.
Justice Debra Mullins
Supreme Court of Queensland,
Chair, Sentencing Committee
Contact
T 02 6125 6655
E [email protected]
Wnjca.com.au
National Judicial College of Australia
The Australian National University
North Wing
5 Fellows Road
Acton ACT 2601
T +61 2 6125 6655
[email protected]
Wnjca.com.au
ANU College of Law
The Australian National University
5 Fellows Road
Acton ACT 2601
T +61 2 6125 3483
[email protected]
Wlaw.anu.edu.au
CRICOS #00120C
CURRENT ISSUES IN SENTENCING
6–7 FEBRUARY 2016
R E G I S T R AT I O N G U I D E
Venue: John Curtin School of Medical Research
The Australian National University, 131 Garran Road, Acton ACT 2601
Search ANU College of Law
G E N E R A L I N F O R M AT I O N
Start and finish times
Saturday 6 Feburary
9.15 am —5 pm
Conference drinks
5.05 pm — 7 pm
Sunday 7 February
9.30 am – 1.45 pm
Venue
John Curtin School of Medical Research, 131 Garran Road, Acton ACT 2601
Keynote speakers
Her Excellency Professor
The Honourable Kate Warner AM
The Honourable Justice
John Byrne AO RFD
Tasmania’s 28th Governor,
Professor, Faculty of Law, University
of Tasmania (formerly), Member of
the Sentencing Advisory Council
and academic author.
Supreme Court of Queensland,
Chair of the Council of the National
Judicial College of Australia.
Professor Stephen Bottomley
Dean & Professor of Commercial
Law, ANU College of Law, Australian
National University.
Current Issues in Sentencing
1
PROGRAM
Saturday 6 February 2016
Program and speakers are subject to change without notice
9.15 am
W E LC O M E
Justice John Byrne AO RFD, Supreme Court of Queensland,
Chair, Council of the National Judicial College of Australia
Professor Stephen Bottomley, Dean, ANU College of Law,
The Australian National University
9.30 am
S ES S I O N 1: K E Y N OT E A D D R ES S
Her Excellency Professor The Honourable Kate Warner AM, Governor of Tasmania
Session chair: Justice John Byrne AO RFD, Supreme Court of Queensland, Chair, Council
of the National Judicial College of Australia
10.30 am
S ES S I O N 2 : S E N T E N C I N G A N D N EU R O S C I E N C E
– ‘ I T WA S N ’ T M E , I T WA S M Y B R A I N ’
Professor Tony Butler, University of New South Wales
Dr Yvonne Skinner, Psychiatrist, Sydney
Dr Wayne Reid, Clinical Neuropsychologist Sydney
Session chair: Associate Professor Mark Nolan, ANU College of Law, The Australian
National University
In this session, the issue of how to understand common forms of neuroscientific assessments
using brain scanning or other techniques will be discussed by a panel of researchers,
practitioners and experienced expert witnesses.
The emphasis of the session on how such evidence can be used in arguments surrounding
mitigation of sentence, or, in decisions relating to dangerousness and indefinite detention.
The speakers come from three different disciplinary perspectives: research epidemiology, forensic
psychology, and forensic psychiatry. The types of scans to be discussed will include static and
dynamic scans of brain structures and functioning (eg. FMRI, PET, CAT and RCBF scans etc.).
Beyond understanding what the common available scans are and how they demonstrate
neurological injuries to or changes to the physical functioning of the brain, the speakers will
also comment on the typical cognitive, affective, attitudinal and behavioural consequences of
those detected changes to brain structure and neural functioning.
This session is relevant to an emerging field of “neurolaw”, now taught in American law
schools, to educate legal professionals about the type of neuroscientific evidence appearing
in criminal matters for liability or sentencing decisions, as well as in civil matters involving
the need to expose neural causes of functional impairments flowing from injury or disease.
Sometimes such evidence is used to support and/or weaken clinical diagnoses of mental
illness ranging from dementia to substance abuse to schizophrenia.
11.30 am
Morning tea
11.45 am
S ES S I O N 2 : S E N T E N C I N G A N D N EU R O S C I E N C E –
‘ I T WA S N ’ T M E , I T WA S M Y B R A I N ’ C O N T.
Professor Tony Butler, University of New South Wales
Dr Yvonne Skinner, Psychiatrist, Sydney
Dr Wayne Reid, Clinical Neuropsychologist Sydney
Session chair: Associate Professor Mark Nolan, ANU College of Law, The Australian
National University
The emphasis of the session on how such evidence can be used in arguments surrounding
mitigation of sentence, or, in decisions relating to dangerousness and indefinite detention.
1.15 pm
2
Lunch
National Judicial College of Australia
2 pm
S ES S I O N 3 : S E N T E N C I N G I N D I G E N O U S AU S T R A L I A N S –
PA N E L O F S PE A K E R S A N D AU D I E N C E PA R T I C I PAT I O N
Mr David Peachey is a Wiradjuri man from western NSW. David has had a professional
rugby league career in Sydney and established the David Peachey Foundation (DPF), to
support Aboriginal youth through the development of indigenous leadership, and through
education to promote healthy behaviours and improve health outcomes.
Mr Charlie King OAM, ABC, NT radio sports broadcaster; Chair of the NT Indigenous Males
Advisory Council; pioneer of community based domestic violence intervention programs Chair of
the NT Indigenous Males Advisory Council and NO MORE campaigner on domestic violence.
Mr David Cole is a Luritja man who is the co-founder of Balanu, which runs healing camps
for Indigenous young people just outside of Darwin which aim to break the negative cycle that
fosters Indigenous disadvantage through cultural empowerment, spiritual well-being and vision
of positive futures.
Mr Wayne Applebee has sat as an elder on the Galambany Circle Sentencing Court in the
ACT for a number of years. He lectures at the University of Canberra and is undertaking his
PhD with a focus on the need to establish Indigenous specific rehabilitation programs here in
the Australian Capital Territory.
Session chair: Dr Anthony Hopkins, Barrister and Senior Lecturer, ANU College of Law,
Australian National University
This session will examine pathways to and from offending from an Indigenous perspective.
Each participant will offer insights into common experiences of Indigenous Australians
that often lead to criminal offending, before explaining their involvement in, and visions for,
Indigenous driven pathways for positive change, empowerment, healing and intervention to
prevent or end offending.
3.15 pm
Afternoon tea
3.30 pm
S ES S I O N 4: S E N T E N C I N G I N D I G E N O U S AU S T R A L I A N S –
PA N E L O F S PE A K E R S A N D AU D I E N C E PA R T I C I PAT I O N (C O N T.)
Mr David Peachey, Mr Charlie King OAM, Mr David Cole and Mr Wayne Applebee
Joined by: Judge Stephen Norrish, District Court of New South Wales
Session chair: Dr Anthony Hopkins, Barrister and Senior Lecturer, ANU College of Law,
The Australian National University
This session will continue from the previous session, building upon it by providing an opportunity
for audience members to asks questions of the panel members and explore the issues raised.
Judge Stephen Norrish will join the panel to bring a judicial perspective to sentencing
Indigenous offenders, concluding the session by considering the relevance and importance of
insights drawn from the panel for those involved in sentencing Indigenous offenders.
5 pm
E N D O F S ES S I O N S , DAY 1
5.05 pm
S O C I A L FU N C T I O N – D R I N KS A N D CA N A PES
(John Curtin School of Medical Research)
Host: Professor Stephen Bottomley, Dean, ANU College of Law, The Australian National
University
Social program
Saturday, 6 February 2016
Drinks and Canapés will be served.
It’s been an enjoyable and interesting day.
Sit back, relax and take the opportunity
to network with other participants and
presenters.
Current Issues in Sentencing
3
PROGRAM
Sunday 7 February 2016
9.30 am
S ES S I O N 5: WO M E N I N PR I S O N I N AU S T R A L I A
Ms Felicity Gerry QC, International barrister, academic, media commentator, lectures in law
at the Charles Darwin University
Ms Debbie Kilroy OAM, Solicitor, Queensland, former prisoner, qualified social worker and
practising lawyer
Session chair: Justice Debra Mullins, Supreme Court of Queensland
Can sentencing of women who are victims of abuse accommodate the social problems that
underpin the offending? Is enough being done to keep women offenders from returning to
prison?
10.30 am
Morning tea
10.45 am
S ES S I O N 6 : S E N T E N C I N G I N D O M ES T I C V I O L E N C E CA S ES
Deputy Chief Magistrate Felicity Broughton, Magistrates Court of Victoria
Magistrate Kate Hawkins, Magistrates Court of Victoria
Session chair: Magistrate Andrée Horrigan, Children’s Court of Western Australia
Domestic violence has received much attention during 2015, in part because of the role of the
2015 Australian of the Year, Rosie Batty.
While family and domestic violence is universally condemned, there is no clear policy on how
it should be eliminated. As with other crimes, there is a growing tendency for commentators to
suggest that the solution lies with the Courts.
Some suggest that penalties are too lenient compared to comparable assaults where the
parties are not related. Others suggest that victims do not want harsh penalties but simply
want the violence to be stopped. Some jurisdictions have established, or are establishing,
specialist Court lists for these matters while others have ceased such specialist lists.
The Magistrates Court of Victoria has spent considerable effort in designing and implementing
new procedures to protect victims and to deal with offenders.
Deputy Chief Magistrate Felicity Broughton and Magistrate Kate Hawkins will address the
complex problems of sentencing on these matters and the Victorian experience in dealing with
this national issue.
12 pm
S ES S I O N 7 : A ‘S N A PS H OT ’ O F I S S U ES
Associate Professor Gregor Urbas, Faculty of Business, Government and Law,
University of Canberra
Judge Dina Yehia, District Court of New South Wales
3rd speaker to be invited
Session chair: Chief Judge Geoffrey Muecke, District Court of South Australia
Speakers will be invited to give brief 5-10 minute “snapshots” of current issues in sentencing
law from a practitioner, judicial, academic, or other perspective.
This session aims to highlight emerging issues in sentencing law across the different
Australian jurisdictions and allow speakers to “whet the appetite” of the audience in order to
foster formation of networks of interested practitioners, policy-makers, researchers and judicial
officers where relevant.
4
1 pm
C O N FE R E N C E C LO S E
1.05 pm
Lunch
National Judicial College of Australia
PRESENTERS
Sentencing and Neuroscience
Professor Tony
Butler
University of New
South Wales
Dr Wayne Reid
Dr Yvonne Skinner
Clinical
Neuropsychologist,
Sydney
Psychiatrist, Sydney
Sentencing Indigenous Australians
David Peachy
Charlie King OAM
David Cole
Wayne Applebee
Australian former
professional rugby
league footballer
(1990s & 2000s)
Ambassador
for the No More
Campaign to reduce
family violence
Balunu Foundation
Indigenous Elder
Women in Prison
Sentencing in Domestic
Violence Cases
Snapshot of Issues
Felicity Gerry QC
Debbie Kilroy OAM
International
barrister, academic &
media commentator,
Charles Darwin
University
Criminal Defence
Lawyer and Founder
of ‘Sisters Inside’
Deputy Chief
Magistrate Felicity
Broughton
Associate
Professor Gregor
Urbas
Magistrates’ Court
of Victoria
Magistrate Kate
Hawkins
Magistrates’ Court
of Victoria
Judge Dina Yehia
District Court of New
South Wales
Associate Professor
of Law, University
of Canberra
Current Issues in Sentencing
5
C O N F E R E N C E R E G I S T R AT I O N
Your payment requires email notification of the invoice number and date of payment to: [email protected]
Participant information
Title
Name
Court/Tribunal
Mailing address
Email
Special requirements
(dietary & other)
Payment information
>> Early Bird Registration: $460 (includes GST. Note this offer expires 31 December 2015)
>> Full Registration: $530 (includes GST) From 1 January 2016
>> Student concession offered (50% discount (early bird/full fee)
Includes Conference materials, morning/afternoon teas and lunch each day and drinks/nibbles late Saturday afternoon.
Payment options
    Register and Pay online at www.njca.com.au
Cheque – Made payable to: The National Judicial College of Australia
Electronic Funds Transfer (see below)
Credit Card (AMEX/Diners not accepted)
Credit card
 Visa  Mastercard
Name of cardholder
Card number
Expiration date
CVV
Total amount
Signature
EFT transfer
Electronic funds transfer to: Commonwealth Bank BSB: 062 901, Account Number: 10093138. Please identify your
surname or invoice no. as the transfer description
6
National Judicial College of Australia
Invoicing
   An invoice should be addressed to me and emailed to me.
An invoice should be addressed to my organisation, however, emailed to me.
An invoice should be addressed to my organisation and emailed to my organisation.
* If you would like the College to send the invoice to your organisation, please provide an email address.
Email
Attention to
Please return this form to the National Judicial College of Australia
Enquiries
E
F
Mail
[email protected]
02 6125 6651
Program Manager, New Programs
National Judicial College of Australia
PO Box 8102
The Australian National University
ACTON ACT 2601
Partner information
Partners are welcome to attend the social function at no extra charge.
Terms and conditions
Event fee: the registration fee is inclusive of GST.
Program: the Organisers reserve the right to change program sessions.
Registration and Payment: the Organisers reserve the right to decline a registration received after the closing date or if the maximum number of
registrations for the event has been exceeded. Payment in full is required by the event date.
Cancellation policy: cancellations must be received in writing (email is sufficient). The Organisers will refund the registration fee subject to the
deduction of amounts attributable to the participant’s share of liabilities to venues, caterers and other suppliers with which the Organisers have
contracted. A request for a refund should be sent to: [email protected]
Substitutions: should a registrant be unable to attend, they may with the agreement of the Organisers send one substitute in their place. The
Organisers must be notified of all substitutions prior to the event.
Invoices: invoices must be paid within 14 days or by the registration closing date (whichever comes first) in order to guarantee the registration.
If payment is not made prior to the registration closing date and the event reaches capacity, your place is not guaranteed and may be offered to
those on the waiting list.
Insurance: participants are advised to obtain their own insurance to cover all risks including (but not limited to) costs of travel, accommodation,
conference registration, injury/death, health and medical expenses, personal property and all other risks. The Organisers will not be held liable for
claims under any circumstances.
Cancellation or delay of event: the Organisers will not be liable for delay or failure to organise the event if such delay is due to strike, labour
dispute, weather conditions or any other cause beyond their reasonable control.
Privacy policy: the Organisers support the Privacy Principles contained in the Privacy Act 1988. The Organisers collect and store personal
information for the purposes of providing education and training programs, and improving and promoting products and services.
Current Issues in Sentencing
7
ORGANISING COMMITTEE
& SESSION CHAIRPERSONS
Justice
Debra Mullins
(Chair)
Chief Justice
Helen Murrell
Chief Magistrate
Steven Heath
Supreme Court,
Australian
Capital Territory
Magistrates’ Court of
Western Australia
Justice
Peter Murphy
Magistrate
Andrée Horrigan
Family Court
of Australia
Children’s Court of
Western Australia
Associate
Professor
Mark Nolan
Associate
Professor
Miriam Gani
ANU College of Law
ANU College of Law
Ken Grime
Julie van den
Engel
Supreme Court
of Queensland
Chief Justice
Chief Executive
Officer, National
Judicial College
of Australia
8
Program Manager,
National Judicial
College of Australia
National Judicial College of Australia
Justice
Richard
Refshauge
Supreme Court,
Australian
Capital Territory
Chief Judge
Geoff Muecke
Judge
Stephen Norrish
District Court of
South Australia
District Court of New
South Wales
Dr Anthony
Hopkins
Ms Wendy
Kukulies- Smith
ANU College of Law
Lecturer,
ANU College of Law
A C C O M M O D AT I O N
Some accommodation options on campus or within walking distance to the ANU campus,
include the following:
Conference hotels
University House
Hotel Hotel
This unfussy hotel is a 2-minute walk to the venue.
A discount rate will be offered when quoting your
attendance at this conference.
>> unihouse.anu.edu.au
On the shores of Lake Burley Griffin, this upscale, ecochic hotel is a 10 minute to the venue. If you mention
you are attending the Conference you will receive a
special rate!
>> hotel-hotel.com.au
Nearby hotels
>>
>>
>>
>>
QT Canberra
Peppers Gallery Hotel
Capital Tower Apartments
Novotel
Or you can check out more accommodation through Visit Canberra
>> visitcanberra.com.au
Current Issues in Sentencing
9
GETTING TO CANBERRA
ANU is located in Acton on the north side of Lake Burley Griffin, just west of the city centre.
Transport
Arriving by plane
Taxi
Canberra is linked by regular flights to the other
Australian capital cities and to international destinations
via Sydney and Melbourne airports.
>> 13 22 27
>> canberracabs.com.au
ANU is a 15 minute drive from Canberra Airport. An
Airport Express bus to and from the city operates
regularly throughout the day. Taxis are available at all
times of the day.
Arriving by train or bus
Canberra is just over 3 hours from Sydney by car or bus
(Greyhound or Murrays), or 4 hours by train (Countrylink),
Buses arrive in the city centre, a short taxi journey
from ANU.
10
National Judicial College of Australia
Action buses
>> 13 17 10 or 02 6207 7611
>> action.act.gov.au
Note: public buses are not available from the airport,
however, shuttle buses are:
>> canberraairport.com.au/travellers/parking-transport/
buses-and-coaches-2
National Judicial College of Australia
The Australian National University
North Wing
5 Fellows Road
Acton ACT 2601
T +61 2 6125 6655
[email protected]
Wnjca.com.au
ANU College of Law
The Australian National University
5 Fellows Road
Acton ACT 2601
T +61 2 6125 3483
[email protected]
Wlaw.anu.edu.au
CRICOS #00120C
CURRENT ISSUES IN SENTENCING
6–7 FEBRUARY 2016
R E G I S T R AT I O N G U I D E
Venue: John Curtin School of Medical Research
The Australian National University, 131 Garran Road, Acton ACT 2601
Search ANU College of Law