CORONIAL CORONIAL ADVOCACYADVOCACY

Hugh Dillon, Deputy State Coroner & Kirsten Edwards, Barrister

Criminal CLE Conference, Sydney 15 September 2012

Deaths Reported in Deaths Reported in NSWNSW

•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.

Should there be an Should there be an inquest?inquest?

Six Key Statutory Six Key Statutory Issues Issues

• 1. Has someone died?

• 2. Who?

• 3. When?

• 4. Where?

• 5. Physical cause of death?

• 6. Manner? (how? circumstances?)

Arguing for an inquestArguing for an inquest

PreparationPreparation

Roles of advocatesRoles of advocates

• Counsel Assisting• Counsel for family• Counsel for POIs• Counsel for interested

parties

Three important Three important principlesprinciples

1. Fairness, natural justice

2. Relevance – limited scope of inquest

3. No judgments – fact-finding only

Zero in on the issuesZero in on the issues

What an inquest should What an inquest should notnot be… be…

You are being watched…You are being watched…

What are we on about?What are we on about?

“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