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CORONIAL ADVOCACY Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 2012.

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Presentation on theme: "CORONIAL ADVOCACY Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 2012."— Presentation transcript:

1 CORONIAL ADVOCACY Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 2012

2 Deaths Reported in NSW 50,000 persons die annually. 6000 reportable to the Coroner. 240 inquests per annum. In 2011, 174 matters were suspended 5600 findings made in chambers -- inquests are dispensed with.

3 Should there be an inquest?

4 Six Key Statutory Issues 1. Has someone died? 2.Who? 3.When? 4.Where? 5.Physical cause of death? 6.Manner? (how? circumstances?)

5 Arguing for an inquest

6 Preparation

7 Roles of advocates Counsel Assisting Counsel for family Counsel for POIs Counsel for interested parties

8 Three important principles 1.Fairness, natural justice 2.Relevance – limited scope of inquest 3. No judgments – fact-finding only

9 Zero in on the issues

10 What an inquest should not be…

11 You are being watched…

12 What are we on about?

13 “ A question which is raised by the case is how a society which would like to think of itself as being civilised, could allow a human being to be transported in such circumstances ” Alistair Hope, State Coroner Western Australia. Findings on the death of Ian Ward, March 2009


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