11TH INTERNATIONAL CRIMINAL LAW CONGRESS Criminal Justice Today and Tomorrow Wednesday, 8 - Sunday, 12 October 2008 Swissôtel, Sydney, NSW, Australia Final Program www.icms.com.au/crimlaw 11TH INTERNATIONAL CRIMINAL LAW CONGRESS Criminal Justice Today and Tomorrow Contents Keynote Speakers Convenor's Invitation 2 Sponsors 2 Keynote Speakers 2 Fatou Bensouda Congress Committee 2 Congress Office 2 The Netherlands Congress Program 3 Social Program 4 Fatou Bensouda, a Gambian national, was elected Deputy Prosecutor at the General Information 4 International Criminal Court by the Assembly of States Parties on 8 September 2004. She is in charge of the Prosecution Division at the Office of Convenor's Invitation 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 Practitioners in the criminal justice system need to know what is happening the International Criminal Tribunal for Rwanda. In the Gambia, Mrs Bensouda now and to prepare for what might be lying in wait on the path ahead. The held various positions, including Attorney General and the Minister of law and procedures are constantly changing and our practices must change Justice. She was also the delegate of the Gambia to the meetings of the with them. Preparatory Commission for the International Criminal Court. Specialist areas open up and develop over time: addressing crime globally, through domestic processes and international courts and tribunals; using technologies such as DNA identification; responding to the expansion of Joel Schwarz electronic crime and using information technology to fight it; recognising and responding to the problems of the mentally ill. USA Familiar problems persist: greed resulting in fraud of various kinds will be Cybercrime Attorney with us so long as there are humans; sexual offending as well; seemingly, Joel Schwarz is an American criminal law practitioner with long experience also, drug offending and the exploration of new ways of dealing with it; the in prosecuting computer crime and crimes facilitated by information best modes of punishment and rehabilitation to employ are always under technology, as well as in the development of methods to prevent, detect and review; grappling with equal justice for indigenous persons continues to be combat these crimes, and in the presentation to colleagues of the principles an issue; and involving the community in the process (as jurors, especially) and practices involved. Joel Schwarz is currently employed as a Trial and retaining its support are ongoing challenges. Attorney for the Computer Crime & Intellectual Property Section of the U.S. Department of Justice. Previous to this position, he worked as Counsel on The 11th International Criminal Law Congress in its now familiar format, E-Commerce for MetLife, and was Special Counsel for Internet Matters in hosted by practitioners in New South Wales and brought to you in sunny the New York State Attorney General's Securities Bureau. In speaking at the Sydney, will examine Criminal Justice Today and Tomorrow. ICLC, Joel Schwarz is appearing in his individual capacity, and therefore the views expressed during his speech are his own, and do not necessarily There will be presentations, panel discussions and an hypothetical brought represent the views of the United States or the Justice Department (neither to you by national and international experts on a range of stimulating and of which shall be bound by his remarks). informative topics. There will also be plenty of time for - and a strong expectation of - vigorous audience participation. The lively social program includes the Welcome Reception, the famous Shannon Smallwood Friday Long Lunch overlooking Darling Harbour and the Congress Dinner. Canada Welcome to the 11th International Criminal Law Congress! Shannon Smallwood received her LL.B. from the University of Calgary in Nicholas Cowdery AM QC 1999. She articled with the Alberta Court of Appeal and Court of Queen's Director of Public Prosecutions, NSW Bench in Calgary and the Department of Justice, Canada. Since 2000 she Convenor, Organising Committee 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 Sponsors Territories. Gold Sponsors Congress Committee Nicholas Cowdery AM QC, Convenor Richard Button SC Ruth Heazlewood Ellen McKenzie Brian Sandland Long Lunch Sponsor Michael Tidball Chris Winslow Congress Office 11th International Criminal Law Congress c/- ICMS Pty Ltd Australian Speaker Sponsor 84 Queensbridge Street Southbank Vic 3006 Forbes Chambers Telephone: +61 3 9682 0244 Facsimile: +61 3 9682 0288 Email: [email protected] Website: www.icms.com.au/crimlaw 2 Congress Program Wednesday, 8 October 2008 Saturday, 11 October 17:30 - 19:00 Welcome Reception 09:00 - 10:15 Hypothetical: Presumed Guilty? What do Jurors Really Think? Thursday, 9 October Moderator: Julie McCrossin, Media Personality 09:00 - 09:15 Welcome Panel Members: The Hon James Wood QC Nicholas Cowdery AM QC, Chair, NSW Law Reform Commission Director of Public Prosecutions, NSW Malcolm Knox, Journalist and Author 09:15 - 10:30 Coppers Without Borders: Criminal Justice & Globalisation Emeritus Professor Michael Chesterman Chair: Nicholas Cowdery AM QC Associate Professor Jane Goodman-Delahunty, Nick Kaldas, Deputy Commissioner, School of Psychology, University of NSW Specialist Operations, NSW Police Force 10:15 - 10:30 Morning Tea Terrorism: Trends and the Impact on Law Enforcement and 10:30 - 12:00 Justice in Indigenous Communities: Prosecutions Twenty First Century Solutions Kevin Kitson, Executive Director, Australian Crime Chair: Anna Katzmann SC, President, NSW Bar Association Commission Rex Wild QC, Former DPP for the Northern Territory, 10:30 - 11:00 Morning Tea Co-chair "Little Children are Sacred" inquiry 11:00 - 12:30 Identifying the Innocence Gene: (sponsored by Forbes Chambers) DNA Evidence in the Twenty-First Century Justice in Indigenous Communities: Twenty First Century Chair: Judge John Robertson, District Court of Queensland Solution; A Northern Territory Perspective’ Andrew Haesler SC, NSW Public Defender Shannon Smallwood, Crown Prosecutor, Public Prosecution Ken Shadbolt, Chair, NSW DNA Review Panel Service of Canada, Northwest Territories 12:30 - 14:00 Lunch Aboriginal People and Criminal Justice in Canada: 14:00 - 15:30 Made Round to Go Round: The Northwest Territories Experience Money Laundering & Illegal Transfers 12:00 - 13:00 Lunch Chair: Robert Stary, 13:00 - 15:00 Sexual Assault Trials: Robert Stary, Criminal Defense Lawyers, Victoria Has the Pendulum Swung too far Against the Accused? John Visser, General Manager, Intelligence Branch, AUSTRAC Moderator: Annie Cossins, University of NSW Use of Financial Intelligence to Counter Money Laundering Panel Members: Stephen Odgers SC, Barrister and Terrorism Financing Margaret Cunneen SC, Deputy Senior Crown Prosecutor, NSW Chris Douglas, Australian Federal Police Lisa Davies, Daily Telegraph Developments and Trends in Australian Money Laundering 15:00 - 15:30 Afternoon Tea 15:30 - 16:00 Afternoon Tea 15:30 - 17:30 At the Governor's Pleasure: Detention of Forensic Patients 16:00 - 17:15 So You want to be Briefed in A War Crimes Trial? and Crime by the Mentally Ill Chair: Mark Ierace SC, Senior Public Defender, NSW Chair: Alissa Moen, Barrister Mrs Fatou Bensouda, Deputy Prosecutor, Dan Howard SC, Associate Professor, Prosecution Division, International Criminal Court University of Wollongong ICC Prosecution Process Dr Bruce Westmore, Psychiatrist Chrissa Loukas, NSW Public Defender Detention of Forensic Patients and Crime by the Mentally Ill Helen Brady, Senior Appeals Counsel, Office of the 19:00 - 23:30 Conference Dinner Prosecutor, International Criminal Tribunal for the former Sponsored by Yugoslavia Holding Leaders Responsible: Linkage and Liability Friday, 10 October 09:00 - 10:30 Broadband Robbery: Sunday, 12 October Online Crime in the Twenty-First Century 09:00 - 11:00 Recidivism & Rehabilitation in the Age of Zero Tolerance Chair: Nicholas Cowdery AM QC Chair: Judge Bennett SC, District Court of NSW Joel Schwarz, Cybercrime Attorney, USA Luke Grant, Assistant Commissioner, Offender Services and Online Financial Crime Programs, Department of Corrective Services Brad Shallies, National Co-Ordinator Cyber Safety, Dr Don Weatherburn, Director, NSW Bureau of Crime Statistics Australian Federal Police and Research 10:30 - 10:45 Morning Tea The NSW Drug Court 10 Years On: A Second Look at its 10:45 - 12:00 Business Behaving Badly: Effectiveness White Collar Crime in the Twenty-First Century 11:00 - 11:30 Morning Tea Chair: Terence O’Gorman, Robertson O’Gorman Solicitors, QLD 11:30 - 13:00 Compulsory Diversion & Therapeutic Jurisprudence Chris Craigie SC, Chair: Judge Brian Knox SC, District Court of NSW Commonwealth Director of Public Prosecutions Judge Roger Dive, NSW Drug Court Prosecuting for the Commonwealth - Touring a National Revolving Door no More: How and why Drug Courts Work Horizon Emeritus Professor Ian Webster AO, University of NSW Peter Renehan, Treatment in the Environment of Coercion Australian Competition and Consumer Commission Paul Mulroney, Campbelltown Children’s Court 13:00 The Long Lunch - Sponsored by Beyond an Eye for an Eye: Therapeutic Jurisprudence and Young Offenders 3 Social Program General Information Car Parking