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Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 201

Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 2012. CORONIAL ADVOCACY. Deaths Reported in NSW. 50,000 persons die annually. 6000 reportable to the Coroner. 240 inquests per annum. In 2011, 174 matters were suspended

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Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister Criminal CLE Conference, Sydney 15 September 201

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

  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 • Fairness, natural justice • 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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