Canberra · How we work
How we run a serious criminal trial.
A serious matter is won or lost in the preparation. This is how a matter is run here, from the first conference to the verdict, and why it is run this way.
- StartThe briefRead closely, tested against the elements
- Every matterPrepared to be defendedThen the choice is real
- TrialsJury and judge-aloneAnd the right counsel
- ApproachDirectWith the lawyer who runs the matter
The brief, and the elements.
Every serious matter starts with the brief of evidence and the elements of the charge. The prosecution has to prove every element beyond reasonable doubt. The first work is to read the whole brief, closely, and to match each element against the evidence that is meant to prove it. That is where the real strengths and weaknesses of a case appear, and it is why the brief is read in full, not skimmed.
Preparing every matter to be defended.
A matter is prepared as if it will be tried, from the start. That is the only way to know whether it should be. A matter prepared only for a plea has given up its position before the position was tested. Preparing to defend keeps every option open: a strong committal, a charge negotiation from strength, or a trial run on a case that has been built rather than assembled at the last minute.
Bail, disclosure and the committal.
The early stages are not routine. The bail application sets the conditions a person lives under while the matter runs, and a refusal is hard to undo. Disclosure is chased so the whole brief is on the table. The committal is the first real test of the Crown case, and how it is run shapes the trial. Each stage is treated as part of the trial, because it is.
The forensic and expert evidence.
Serious matters turn on evidence that has to be understood and tested: medical and pathology evidence, forensic and scene evidence, telecommunications and location data, accident reconstruction, and financial records. Where the prosecution relies on an expert, a defence expert is obtained where the matter calls for it, and the material is tested on its own terms.
The trial, and the choices in it.
The decisions in a trial are made deliberately: whether to run a judge-alone trial where the offence allows and it suits the matter, what to admit and what to put in issue, which witnesses to challenge and how, and whether the accused gives evidence. Senior counsel is briefed where a matter calls for it, so the client has the right advocate for the trial. Nothing is left to habit.
Who runs your matter.
Aaron Kernaghan was admitted in 2000 and has 26 years of trial and appellate practice across every Australian state and territory and the federal courts. He led the defence in R v Simon Fleming, the first trial of its kind in Australia. A serious matter is run by the lawyer you speak to, not handed down a line. That is the practice this is built to be.
Frequently asked.
How do you prepare a serious criminal matter?
By reading the whole brief closely and testing every element of the charge against the evidence, then preparing the matter as if it will be tried. That keeps every option open, from a strong committal and charge negotiation to a trial run on a built case.
Do you run trials, or mostly pleas?
The practice is built for trials and serious matters. Every matter is prepared to be defended, which is the only way to know whether it should be, and many matters resolve well from that position of strength.
Will I deal with the lawyer running my matter?
Yes. A serious matter is run by the lawyer you speak to. You are not handed down a line to junior staff.
Do you brief senior counsel?
Where a matter calls for it, yes, so you have the right advocate for the trial. The decision is made on the matter.
Have a serious matter that needs to be run properly?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019