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Published byDinah Norton Modified over 8 years ago
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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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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.
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Should there be an inquest?
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Six Key Statutory Issues 1. Has someone died? 2.Who? 3.When? 4.Where? 5.Physical cause of death? 6.Manner? (how? circumstances?)
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Arguing for an inquest
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Preparation
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Roles of advocates Counsel Assisting Counsel for family Counsel for POIs Counsel for interested parties
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Three important principles 1.Fairness, natural justice 2.Relevance – limited scope of inquest 3. No judgments – fact-finding only
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Zero in on the issues
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What an inquest should not be…
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You are being watched…
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What are we on about?
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“ 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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