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Insights on Coronial Advocacy and Inquest Procedures in NSW - Hugh Dillon & Kirsten Edwards

This presentation by Deputy State Coroner Hugh Dillon and Barrister Kirsten Edwards explores the critical aspects of coronial advocacy in New South Wales. With approximately 6000 deaths reportable to the Coroner each year and over 240 inquests, they outline key statutory issues surrounding inquests, such as determining the circumstances of death and ensuring fairness and natural justice. Advocates' roles, including Counsel Assisting and counsel for families and interested parties, are examined alongside the importance of fact-finding without judgments.

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Insights on Coronial Advocacy and Inquest Procedures in NSW - Hugh Dillon & Kirsten Edwards

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Presentation Transcript

  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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