The theme of this biennial International Criminal Law Congress is ‘Criminal Justice Today and Tomorrow'. This was reflected in a suitably diverse program, designed to address the challenges of investigation, prosecution, defence, adjudication and punishment of crime in the twenty-first century. The advent of cyberspace and accelerating cross-border movements of trade, investment and people have been matched by the growth of online and transnational crime. Accordingly, the congress will examine identity theft, cyber-crime, money laundering and other complex jurisdictional and law enforcement challenges.

Of course, long-standing issues in criminal law, such as detention of forensic patients, a functioning justice system for indigenous communities, evidence and the role of juries featured prominently.

The program had a strong empirical emphasis,and a number of speakers reported o the latest research, statistical analysis and developments in compulsory diversion and therapeutic jurisprudence. Others examined the influence which the omnipresent media has upon facets of criminal justice systems in Australasia and many other jurisdictions.

The 2008 Criminal Law Congress was an invaluable aid to practitioners who must adapt to rapid change in the age of terrorism, transnational and online crime and developing alternatives to traditional trial and punishment regimes.

Provisional Program

Wednesday, 8 October 2008

17:00 - 18:30: Welcome Reception

Thursday, 9 October

09:00 - 09:15: Welcome
Nicholas Cowdery AM QC, Director of Public Prosecutions, NSW

09:15 - 10:30: Coppers Without Borders: Criminal Justice & Globalisation
Chair: Nicholas Cowdery AM QC
Nick Kaldas, Deputy Commissioner,Specialist Operations, NSW Police Force
Kevin Kitson, Executive Director, Australian Crime Commission
Terrorism: Trends and the Impact on Law Enforcement and Prosecutions

10:30 - 11:00: Morning Tea

11:00 - 12:30: Identifying the Innocence Gene: DNA Evidence in the Twenty-First Century
Chair: Judge John Robertson, District Court of Queensland
Andrew Haesler SC, NSW Public Defender
Ken Shadbolt QC, Chair, NSW DNA Review Panel

12:30 - 14:00: Lunch

14:00 - 15:30: Made Round to Go Round: Money Laundering & Illegal Transfers
Chair:
John Visser, General Manager, Intelligence Branch, AUSTRAC
Use of Financial Intelligence to Counter Money Laundering and Terrorism Financing
Chris Douglas, Australian Federal Police
Developments and Trends in Australian Money Laundering
Robert Stary, Criminal Defense Lawyer, Victoria

15:30 - 16:00: Afternoon Tea

16:00 - 17:15: So You want to be Briefed in A War Crimes Trial?
Chair: Mark Ierace SC
Mrs Fatou Bensouda, Deputy Prosecutor,Prosecution Division, International Criminal Court
ICC Prosecution Process
Chrissa Loukas, NSW Public Defender
Helen Brady,Senior Appeals Counsel, Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia
Holding Leaders Responsible: Linkage and Liability

Friday, 10 October

09:00 - 10:30: Broadband Robbery: Online Crime in the Twenty-First Century
Chair:Nicholas Cowdery AM QC
Joel Schwarz, Cybercrime Attorney, USA
Online Financial Crime
Federal Agent (Superintendent) Brad Shallies, Australian High Tech Crime Operations, Australian Federal Police

10:30 - 10:45: Morning Tea

10:45 - 12:00: Business Behaving Badly: White Collar Crime in the Twenty-First Century
Chris Craigie SC, Commonwealth Director of Public Prosecutions (View Full Paper)
Prosecuting for the Commonwealth - Touring a National Horizon
Peter Renehan, Australian Competition and Consumer Commission (View Full Paper)
Terence O'Gormam, Robertson O'Gorman Solicitors, QLD

13:00: The Long Lunch - Sponsored by Foleys List Pty Ltd

Saturday, 11 October

09:00 - 10:15: Hypothetical: Presumed Guilty? What do Jurors Really Think?
Moderator: Julie McCrossin, Media Personality
Panel Members:
The Hon James Wood QC, Chair, NSW Law Reform Commission
Malcolm Knox, Journalist and Author
Emeritus Professor Michael Chesterman
Associate Professor Jane Goodman-Delahunty, School of Psychology, University of NSW

10:15 - 10:30: Morning Tea

10:30 - 12:00: Justice in Indigenous Communities: Twenty First Century Solutions
Chair: Anna Katzmann SC
Rex Wild QC, Former DPP for the Northern Territory, Co-chair "Little Children are Sacred" inquiry
(sponsored by Forbes Chambers)
Justice in Indigenous Communities: Twenty First Century Solutions ;A Northern Territory Perspective'
Shannon Smallwood, Crown Prosecutor, Public Prosecution Service of Canada, Northwest Territories
Aboriginal People and Criminal Justice in Canada: The Northwest Territories Experience

12:00 - 13:00: Lunch

13:00 - 15:00: Sexual Assault Trials: Has the Pendulum Swung too far Against the Accused?
Moderator: Annie Cossins, University of NSW
Panel Members:
Stephen Odgers SC, Barrister
Margaret Cunneen SC, Deputy Senior Crown Prosecutor, NSW
Lisa Davies, Daily Telegraph

15:00 - 15:30: Afternoon Tea

15:30 - 17:30 At the Governor's Pleasure: Detention of Forensic Patients and Crime by the Mentally Ill
Dan Howard SC, Associate Professor, University of Wollongong (View Full Paper)
Dr Bruce Westmore, Psychiatrist
Detention of Forensic Patients and Crime by the Mentally Ill
Chair: Alissa Moen

19:00 - 23:30: Conference Dinner - Sponsored by NSW Bar Association

Sunday, 12 October

09:00 - 11:00: To Recidivism & Rehabilitation in the Age of Zero Intolerance
Chair: Judge Bennett SC, District Court of NSW
Luke Grant, Assistant Commissioner, Offender Services and Programs, Department of Corrective Services
Dr Don Weatherburn, Director, NSW Bureau of Crime Statistics and Research
The NSW Drug Court 10 Years On: A Second Look at its Effectiveness

11:00 - 11:30: Morning Tea

11:30 - 13:00: Compulsory Diversion & Therapeutic Jurisprudence
Chair:Judge Brian Knox SC, District Court of NSW
Judge Roger Dive, NSW Drug Court
Revolving Door no More: How and why Drug Courts Work
Emeritus Professor Ian Webster AO, University of NSW
Treatment in the Environment of Coercion
Paul Mulroney, Campbelltown Children's Court
Beyond an Eye for an Eye: Therapuetic Jurisprudence and Young Offenders

Invited Speakers

• Mrs Fatou Bensouda
• Helen Brady
• Emeritus Professor Michael Chesterman
• Chris Craigie SC
• Margaret Cunneen SC
• Lisa Davies
• Jane Goodman-Delahunty JD PhD MAPS
• Judge Roger Dive
• Chris Douglas
• Luke Grant
• Andrew Haesler SC
• Associate Professor Dan Howard SC
• Deputy Commissioner Nick Kaldas
• Mr Kevin Kitson
• Chrissa Loukas
• Paul Mulroney
• Stephen J Odgers S.C.
• Peter Renehan
• Joel Schwarz
• Ken Shadbolt
• Federal Agent (Superintendent) Brad Shallies
• Shannon Smallwood
• Mr John Visser
• Dr Don Weatherburn
• Emeritus Professor Ian Webster AO
• Dr Bruce Westmore
• Mr Rex Wild QC
• The Hon James Wood AO QC

Mrs Fatou Bensouda

Mrs Fatou Bensouda, a Gambian national, was elected Deputy Prosecutor by the Assembly of State Parties on 8 September 2004. She is in charge of the Prosecution Division at the Office of the Prosecutor. Before joining the International Criminal Court she was a Trial Attorney, Senior Legal Advisor and later Head of the Legal Advisory Unit of the International Criminal Tribunal for Rwanda. In the Gambia, Mrs Bensouda held various positions, including Attorney General and the Minister of Justice. She was also the delegate of the Gambia to the meetings of the Preparatory Commission for the International Criminal Court.

Helen Brady

Helen Brady is a Senior Appeals Counsel in the Office of the Prosecutor of the International Criminal Tribunal of the former Yugoslavia. She has represented the Prosecution in numerous appeals before the Appeals Chambers of the ICTY and ICTR.

Before this she worked at the Office of the Director of Public Prosecutions (NSW) in Sydney, was a member of the Australian Government delegation to the Rome Conference and the Preparatory Commission to establish the International Criminal Court, and worked in private practise.

She lectures in international criminal and humanitarian law, has trained Cambodian prosecutors, judges and investigators for the Extraordinary Chambers for Khmer Rouge crimes, and trains lawyers from the ICTY, ICTR and ICC in appellate advocacy.

Emeritus Professor Michael Chesterman

In 1997-2001, Emeritus Professor Michael Chesterman, formerly Dean of the UNSW Law Faculty, led a UNSW team conducting empirical research into the impact of media publicity on criminal jury trials.

Between 1998 and 2008, he was an Acting Judge of the District Court of NSW. He is currently a Deputy President of the Administrative Decisions Tribunal.

Chris Craigie SC

Chris Craigie SC is the Commonwealth Director of Public Prosecutions. He has been a lawyer in practice as a criminal law specialist since 1976. He was appointed Senior Counsel in 2001. From private practice at the New South Wales Bar, he was appointed a NSW Public Defender in 1994 and took silk in 2001. He held appointment as Deputy Senior Public Defender 2002 - 2007, with what became a predominantly appellate practice, built upon extensive career as trial counsel. He was appointed Commonwealth DPP in 2007. As head of the Australian Commonwealth's prosecuting authority the CDPP has ultimate responsibility for the prosecution of Federal criminal and many regulatory offences against laws enacted by the Australian Parliament. Some of the more publicly prominent areas of prosecution include, terrorist offences, commercial frauds, tax offences, anti-competitive business conduct and welfare fraud. The Commonwealth DPP's area of operation extends over a vast array of matters referred by more than forty Government agencies throughout Australia.

Margaret Cunneen SC

Margaret Cunneen has been a Crown Prosecutor since 1990 and was appointed Deputy Senior Crown Prosecutor in 2002. From 1977-1981 she worked in the Attorney-General's Department Ministerial Office and from 1981-1986 she was an Industrial Officer at the Public Service Board's Legal Branch. From 1986-1990 she was Senior Principal Solicitor at the Office of the Director of Public Prosecutions, heading the Child Sexual Assault Unit. Margaret has a Bachelor of Laws (NSWIT) and a Master of Laws (Syd) and has prosecuted many murder trials and a series of high-profile paedophile and gang rape cases. She has a keen interest in upholding the rights of victims of violent crime and those bereaved by crime and assisting them in their journey through the criminal justice system. She is the mother of 3 teenage boys and has a black belt in Taekwondo.

Lisa Davies

Lisa has been a court reporter for The Daily Telegraph newspaper for more than three years. She has covered some of the biggest trials and legal affairs issues in NSW in that time, including a Justice for Women campaign to change rape laws, and the recent case of 18-year-old Lauren Huxley, who was bashed and assaulted in her home by a stranger.

Jane Goodman-Delahunty JD PhD MAPS

Jane Goodman-Delahunty JD PhD MAPS has conducted empirical research on juries for over 25 years and was a consultant to the ABA on jury competence. In 2007 she led a multistate study of jury satisfaction and confidence in the criminal system. She is a lawyer, psychologist, mediator, and NSW Law Reform Commissioner (part-time).

Judge Roger Dive

Judge Roger Dive has been the Senior Judge of the Drug Court of NSW since July 2004. Judge Dive was previously the Senior Children's Magistrate, and a Local Court Magistrate since 1989, sitting in a variety of country and city courts.

Chris Douglas

Chris Douglas has been a member of the Australian Federal Police for over 25 years, with investigative experience in Sydney and Perth. He has experience as an investigator and manager across a range of Commonwealth crime types, however, his primary experience involves major fraud, money laundering and proceeds of crime investigations. Chris is currently the Acting Coordinator Economic and Special Operations Perth. He has written a Money Laundering Investigation Program for the AFP which he is currently in the process of delivering throughout Australia to AFP members and representatives from AUSTRAC, Australian Taxation Office and the Australian Crime Commission.

Luke Grant

Assistant Commissioner, Offender Services and Programs, Department of Corrective Services
Luke Grant is the Assistant Commissioner Offender Services and Programs for the NSW Department of Corrective Services. He has worked in the offender rehabilitation area for 18 years and has a particular interest in evidence based approaches to correctional treatment and management. Prior to working in corrections he was involved with teaching and ecological research at the University of Sydney.

Andrew Haesler SC

Andrew Haesler SC is a Barrister and a Deputy Senior Public Defender for NSW. After graduating from UNSW Andrew commenced practice in 1981. He worked as a Solicitor with the Redfern Legal Centre, the NSW Legal Aid Commission and the Aboriginal Legal Service in Alice Springs. Admitted to the Bar in 1990 and appointed Senior Counsel in 2004, Andrew has a large criminal trial and appeal practice. He has given and had published many papers on topics concerned with criminal law and advocacy.

Associate Professor Dan Howard SC

Associate Professor Dan Howard SC is Director of the National Prosecutions Program of postgraduate courses at the Centre for Transnational Crime Prevention within the Law Faculty at the University of Wollongong. He also lectures in the Masters of Forensic Mental Health program at the University of New South Wales. He is co-author of the textbook "Crime and Mental Health Law in New South Wales" published by Lexis Nexis and is a member of the NSW Mental Health Review Tribunal.

Deputy Commissioner Nick Kaldas

Deputy Commissioner Nick Kaldas
NSW Police Force
Nick Kaldas has been a NSW Police Officer for 26 years. His career spans a number of areas primarily in major crime investigations, homicide, armed robbery, major drug investigations, counter terrorism and covert operations.

Nick has received a number of Commendations, the National Medal, and following his return from Iraq was awarded the Humanitarian Overseas Services Medal. He holds a Masters Degree in Public Policy and Administration.

Mr Kevin Kitson

Mr Kitson is currently the Australian Crime Commission's Executive Director of Strategic Outlook and Policy. He has been with the ACC since its inception and has also held positions as Director of Covert Operation and Executive Director of Criminal Intelligence Strategies.

Mr Kitson's primary expertise is in intelligence where over the course of more than 30 years he has worked in national security and law enforcement in Australia and overseas on issues as diverse as right-wing extremism, terrorism, espionage, corruption and organised crime.

Chrissa Loukas

Chrissa Loukas is a Barrister, Public Defender and member of the New South Wales Bar Council. From 2003 to 2006 Chrissa was Defence Counsel at the International Criminal Tribunal for the Former Yugoslavia (ICTY).

Previous appointments include:

• Acting District Court Judge (1996)
• Judicial Member, Administrative Decisions Tribunal (1997-2003)
• Director, Criminal Law Review, NSW (2000 – 2001)
• Vice President, Association of Defence Counsel (ICTY) (2004 – 2006)

Paul Mulroney

Paul Mulroney became a Magistrate in March 2000, and was appointed to the Children's Court in January 2001. He has sat as a Children's Magistrate in a variety of urban and country courts in NSW, including the Youth Drug and Alcohol Court. He has spoken about issues dealt with by the Children's Court to a number of conferences in Australia and China.

He has been active in community affairs and currently is Chair of Habitat for Humanity NSW Ltd and holds leadership positions in Church in the Market Place, the Uniting Church at Bondi Junction.

Stephen J Odgers S.C.

Chair, Criminal Law Committee, NSW Bar Association; Adjunct Professor, Faculty of Law, University of Sydney; General Editor, Criminal Law Journal; Author of Uniform Evidence Law (7^th ed), Principles of Federal Criminal Law (1^st ed); Co-author of Australian Criminal Justice (3^rd ed).

Peter Renehan

Since October 2006, Peter has been employed by the Australian Competition and Consumer Commission as its Special Counsel.

During the period 1992 to 2006, Peter was a barrister at the Sydney bar. He practised primarily in the areas of trade practices and Commonwealth criminal law.

Prior to commencing practice as a barrister, Peter was the associate to Justice Lionel Murphy, High Court of Australia (1985-1986), a solicitor at Clayton Utz (1986-1988) and employed by the Commonwealth Director of Public Prosecutions (1988-1992).

Joel Schwarz

Cybercrime Attorney, USA
Joel Schwarz is an American criminal law practitioner with long experience in prosecuting computer crime and crimes facilitated by information technology, as well as in the development of methods to prevent, detect and combat these crimes, and in the presentation to colleagues of the principles and practices involved. Joel Schwarz is currently employed as a Trial Attorney for the Computer Crime & Intellectual Property Section of the U.S. Department of Justice. Previous to this position, he worked as Counsel on E-Commerce for MetLife, and was Special Counsel for Internet Matters in the New York State Attorney General's Securities Bureau. In speaking at the ICLC, Joel Schwarz is appearing in his individual capacity, and therefore the views expressed during his speech are his own, and do not necessarily represent the views of the United States or the Justice Department (neither of which shall be bound by his remarks).

Ken Shadbolt

Ken Shadbolt is the Chairman of the DNA Review Panel of NSW. He was a Judge of the District Court for 24 years and Chairman of the Parole Board for two years. Prior to his appointment he was the Public Solicitor for NSW and before that a barrister and public defender.

Federal Agent (Superintendent) Brad Shallies

Federal Agent (Superintendent) Brad Shallies has over 25 years of policing experience with both Victoria Police and the Australian Federal Police (AFP). His current position with the AFP is National Coordinator Cyber Safety. Academic qualifications include a Bachelor of Laws (LLB) and the requisite practise and admission qualifications.

Shannon Smallwood

Shannon Smallwood received her LL.B. from the University of Calgary in 1999. She articled with the Alberta Court of Appeal and Court of Queen's Bench in Calgary and the Department of Justice Canada. Since 2000, she has worked as a Crown Prosecutor with the Public Prosecution Service of Canada in Yellowknife, Northwest Territories except for a brief period working in Ottawa. She is a Sahtu Dene originally from the Northwest Territories.

Mr John Visser

John Visser is the General Manager, Intelligence at the Australian Transaction Reports and Analysis Centre (AUSTRAC). He sits on a number of AUSTRAC committees, including the Executive, Enforcement, Intelligence Oversight and Audit committees.

John joined AUSTRAC in January 1991 and his career with AUSTRAC has been largely devoted to managing the development of AUSTRAC's analysis and intelligence capabilities, working closely with AUSTRAC's partner agencies and Information Technology Branch as the head of AUSTRAC's Monitoring and Analysis Section.

John has represented AUSTRAC at an interdepartmental level in a number of key money laundering, law enforcement and intelligence forums and has represented Australia in the same capacity at various forums around the world, including the Financial Action Task Force, Asia Pacific Group on Money Laundering and the Egmont Group of Financial Intelligence Units.

Dr Don Weatherburn

Don Weatherburn is Director of the NSW Bureau of Crime Statistics and Research in Sydney. He is a fellow of the Academy of Social Sciences in Australia and an Adjunct Professor in the School of Social Science and Policy at the University of New South Wales.

Emeritus Professor Ian Webster AO

Ian Webster is a consulting physician at Liverpool Hospital and in the Shoalhaven Area. He was honorary visiting physician to the Matthew Talbot Hostel for the Homeless from 1976 to 2007.

He is Emeritus Professor of Public Health and Community Medicine in the University of New South Wales and Chief Patron of the Alcohol and other Drugs Council of Australia. He chairs the National Advisory Council on Suicide Prevention, the Alcohol Education and Rehabilitation Foundation Ltd., the New South Wales Expert Advisory Group on Alcohol and Drugs and is President, Governing Committee of the Ted Noffs Foundation.

His research and publications have been in preventive medicine, medical practice, ageing, disability, homelessness, alcohol and other drug problems, suicide prevention and social issues in health.

Dr Bruce Westmore

Dr Bruce Westmore attended the University of Queensland and graduated in 1978. He worked in the area of general medicine until 1980 when he commenced his psychiatric training. Admitted as a Member of the Royal Australian and New Zealand College of Psychiatrists in 1985, he commenced duties with the Department of Health in Queensland as the acting Deputy Director of Psychiatric Services, a position he held for twelve months before commencing his training in forensic psychiatry at the Maudsley Hospital, London.

In 1987 Dr Westmore was appointed as the Director of Forensic Psychiatry for the State of Queensland, a position he held until his move to Sydney in 1990.

Dr Westmore's experience covers the areas of administrative psychiatry, clinical work in both the hospital and prison settings and an extensive background in teaching and research. He has held a number of appointments with the Royal Australian and new Zealand College of Psychiatrists and has published in a number of areas, including that of mental health legislation.

Mr Rex Wild QC

Rex Wild was admitted to practice in Victoria in 1968. He was a member of the Victoria Bar from 1973-1993. He was appointed a Queen's Counsel in 1991.

Mr Wild was appointed Director of Public Prosecutions in the Northern Territory from October 1995 until January 2006. He remains a member of the NT Bar.

Mr Wild was co-chair of the Northern Territory Government's Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse which reported in April 2007.(Little Children are Sacred).

The Hon James Wood AO QC

Supreme Court Justice 1984 - 2005; currently Commissioner Special Commission of Inquiry into Child Protection Services in NSW, Chairperson NSW Law Reform Commission and Chairperson NSW Sentencing Council; formerly Commissioner Special Commission of Inquiry into NSW Police Service and into Paedophilia 1994 - 1997.