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Banco Court Lectures 2018 Banco Court lectures 2018 Introduction In 2012 the Banco Court was the venue for the fi rst seminar to be conducted in this building. In the years since then this magnifi cent ceremonial courtroom has seen many lectures and presentations from distinguished judges and academics. The tradition continues in 2018 when, for the fi rst time, the Supreme Court Library Queensland has compiled this event guide to 13 free legal lectures presented in the Banco Court. The Selden Society lectures hosted by the library are presented in the guide, as is the Supreme Court Oration—which this year will be delivered by the Honourable Geoffrey Ma GBM, Chief Justice of the Hong Kong Court of Final Appeal. The guide also features lectures from the jointly managed Current Legal Issues seminar series, the Australian Academy of Law Queensland lecture, the Australian Institute of Judicial Administration’s annual oration, and the fi rst event of the Justice in Focus series. Across these various lecture series the topics are wide-ranging and engaging, with the speakers being drawn from many different courts and universities. The Supreme Court of Queensland is pleased to welcome these distinguished speakers to the Banco Court. I trust you will enjoy and be informed by these lectures and I encourage you to attend as many as possible. Catherine Holmes Chief Justice Calendar of lectures March May Tuesday 13th Thursday 3rd Justice in Focus series Selden Society lecture series Soft on crime? How sentencing Guns and judges: Antonin Scalia and can better refl ect community values the right to bear arms Her Excellency Professor the Honourable The Honourable Justice Glenn Martin AM Kate Warner AC, The Honourable Margaret McMurdo AC, Dan Rogers Thursday 17th Thursday 22nd Current Legal Issues seminar series Fiduciary law: prospective fi duciary duties Current Legal Issues seminar series Professor Lionel Smith Criminal evidence: whatever happened to Weissensteiner—the person and Monday 21st the principle? Soraya Ryan QC 2018 Supreme Court of Queensland Oration Criticism of the courts and judges: informed criticism and otherwise The Honourable Chief Justice Geoffrey Ma GBM Thursday 24th AIJA Oration The adaptability of the law to change The Honourable Chief Justice Susan Kiefel AC June Thursday 28th Selden Society lecture series Private law’s revolutionaries: authors, codifi ers and merchants? Professor Hector MacQueen August October Thursday 9th Thursday 4th Current Legal Issues seminar series Australian Academy of Law lecture Constitutional law: who is afraid Litigation funding: access and ethics of proportionality? The Honourable Philip Cummins AM Professor Adrienne Stone Thursday 25th Thursday 30th Selden Society lecture series Selden Society lecture series— Barwick—his place in the legal pantheon second Annual Lord Atkin lecture The Honourable Justice John Dowsett AM The Irish convict doctor who delivered Dick Atkin—Dr O’Doherty The Honourable Justice Patrick Keane AC November Thursday 22nd September Selden Society lecture series Thursday 20th Law and politics in McCawley’s case Professor Nicholas Aroney Current Legal Issues seminar series Jury directions: the struggle for simplicity and clarity The Honourable Justice Virginia Bell AC All lectures will be held in the Banco Court, Queen Elizabeth II Courts of Law Level 3, 415 George Street, Brisbane CPD points: 1 point per hour, self assessed (BAQ and QLS) Free admission, please register using the links provided. For more information phone 07 3006 5130 or email [email protected] iStock/fhogue Justice in Focus series Soft on crime? How sentencing can better reflect community values Tuesday 13 March 5.15 for 5.30pm Followed by refreshments To register please visit sclqld.org.au/focus Access to justice is about more than the availability of legal services—it’s about achieving just outcomes, too. Recent research findings show that, in 62% of cases, jurors would issue more lenient sentences than judges when surveyed following a guilty verdict. Meanwhile, the ‘Judge for Yourself’ community education project is successfully engaging Queenslanders on the topic of sentencing with some revealing results. Join our experts as they talk about the work that is providing insight into community values around sentencing and why public education projects are a key part of the access to justice equation. This event will be chaired by Radio National’s Cathy van Extel. Her The Dan Rogers Excellency Honourable is a solicitor Professor the Margaret and a Honourable McMurdo AC member Kate Warner is the former of the AC is the president Queensland Governor of of the Sentencing Tasmania. Previously she was Queensland Court of Appeal, Advisory Council as well as Professor, Faculty of Law, at which she presided over the Secretary of Caxton Legal the University of Tasmania from 1998 to 2017. She was Centre. He is also a Director and Director of the Tasmania appointed a Companion of the at Robertson O’Gorman and Law Reform Institute. She is Order of Australia in 2007 for holds both a Masters of Law the lead author on the 2017 service to the law and judicial and Specialist Accreditation research paper ‘Measuring administration in Queensland, in Criminal Law. Jurors’ Views of Sentencing: particularly in areas of legal Results from the Second education and women’s issues. Australian Jury Study’. Margaret currently serves as the Chair of Legal Aid (Photograph courtesy of Government House Tasmania). Queensland. iStock/fhogue Johan Manfred Weissensteiner is arrested in Cairns, 1991. © News Ltd Current Legal Issues seminar series Criminal evidence: whatever happened to Weissensteiner— the person and the principle? Thursday 22 March 5.00 for 5.15pm Followed by refreshments To register please visit sclqld.org.au/cli Weissensteiner was charged with the murder of a couple with whom he had been sailing, for some time, on their boat. He gave inconsistent accounts of the couple’s whereabouts and their bodies were never found. The state of the boat suggested that their departure from it was unplanned. The case against Weissensteiner was wholly circumstantial and he exercised his right to silence before trial and at trial. He therefore provided no evidence to displace, counter, or raise a doubt about, the guilty inference the Crown argued was available on the evidence when he was the only one who might have that evidence. Generally, a person accused of a criminal offence has a right to remain silent before trial and at trial and trial judges instruct juries that they may not draw an inference adverse to an accused from their silence. At Weissensteiner’s trial, the trial judge directed the jury that they might more safely draw an inference of guilt from the evidence because he did not give evidence of relevant facts which could be perceived to be within his knowledge. He was convicted of the murders of the couple. He appealed against his convictions. In 1993, the High Court, by majority, dismissed the appeal: ‘… in a criminal trial, hypotheses consistent with innocence may cease to be rational or reasonable in the absence of evidence to support them when that evidence, if it exists at all, must be within the knowledge of the accused’. In other words, in cases where an inference of guilt is open on the whole of the prosecution case, an accused person’s failure to testify about matters peculiarly within their knowledge could make it easier for the jury to be satisfied, beyond a reasonable doubt, of the guilty inference. In the years that followed Weissensteiner, the High Court confined the principle to rare and exceptional cases, but very little was heard about it from the early 2000s onward until it was mentioned by the High Court in R v Baden-Clay [2016] HCA. This paper will examine the state of the principle which permits the use of an accused person’s silence in proof of their guilt. It will also discuss briefly Weissensteiner himself, who was deported to Austria in 2004. Soraya Ryan QC holds a Bachelor of Commerce and Bachelor of Laws (First Class Honours) from The University of Queensland. Soraya Ryan began practice at the private bar in January 2010. In November 2013, she was appointed Queen’s Counsel. She is often briefed in matters where a defendant is particularly vulnerable or difficult or where the brief itself is complex or novel. She has been a part time Commissioner of the Queensland Law Reform Commission, and before that, an Executive Consultant to the Commission. She has been one of the authors of Carter’s Criminal Law of Queensland since 1996. Johan Manfred Weissensteiner is arrested in Cairns, 1991. © News Ltd Associate Justice Antonin Scalia. Photograph by Steve Petteway, Collection of the Supreme Court of the United States. Selden Society lecture series Guns and judges: Antonin Scalia and the right to bear arms Thursday 3 May 5.15 for 5.30pm Followed by refreshments To register please visit sclqld.org.au/selden Antonin (Nino) Scalia was, for many years, the best known member of the Supreme Court of the United States. He was charming, mercurial, polarising and stubborn. Scalia was a member of the court for nearly 30 years until his unexpected death in 2016 at the age of 79. Justice Scalia collected a trove of awards and achievements on his way to the Bench. At Harvard he graduated magna cum laude and became a Sheldon Fellow. His legal career began in 1961 in a respected firm in Cleveland, Ohio but he wanted to teach and took up a post as professor of law at the University of Virginia in 1967. Four years later, he entered public service in the Nixon administration and became an Assistant Attorney General in 1974. It was in that role that he argued his only case before the Supreme Court in Alfred Dunhill of London v Republic of Cuba.
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