Criminal Law: In Focus Over Lunch

Join these five comprehensive, one-hour sessions available online or on-demand. They are designed to fit seamlessly into your busy schedule, allowing you to enhance your practice over lunch. Ensure ethical compliance and refine your professional skills with updates and practical guidance on the very latest on bail applications, sentencing, evidence, parole, proceeds of crime, and name suppression. Excel in your practice with this essential knowledge.


Early Bird Discount ends 2 Aug 2024 $353.50
Description

Attend the full series and earn 5 CPD hours

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

Bail Applications in Focus

Friday, 23 August 2024

When the consequences of a misstep in a bail application could result in undue stress for your client – don’t take the risk. Ensure you’re up to date with the latest knowledge and procedural know-how. Breakdown key pain points in the application process, from bail after being charged to extradition and understand how best to provide a comprehensive and well-supported argument for your client.

Description

Attend and earn 1 CPD hour

1.30pm to 2.30pm Bail Applications in Focus


Get your bail applications right. Ensure that you are up to date with all the essential bail applications, both the law and processes which are crucial for all criminal lawyers. Gain crucial knowledge as you explore:

  • Bail after being charged
  • Bail after committal
  • Bail pending sentence
  • Bail pending appeal
  • Extradition bail
  • Bail following a charge of murder
  • Bail for ‘scheduled’ offences

Presented by Lynne Mathieson, Barrister, Gold Legal

Learning Objective:
  • Understand the bail application process and different bail scenarios
Chair

Richard Marchant, Barrister, Regent Chambers

Presenters

Lynne Mathieson, Barrister, Gold Legal
Lynne Mathieson has worked within the Criminal Justice sector for over 25 years. Lynne joined the Police in 1996 and served as a frontline officer in rural areas such as New Plymouth, Tokoroa, Mangakino, and Paeroa. She then made her way to South Auckland where she was promoted to Sergeant and spent time as a Prosecutor in both the Otahuhu and Manukau District Courts. Eventually, she went back on the streets where she was promoted to the rank of Senior Sergeant. Her last sworn role was as Senior Sergeant in charge of the Otara station. In order to juggle family commitments better, she left as a sworn officer and took up various Police non-sworn contract roles within the Counties Manukau District. These included setting up the Investigative Support Unit (ISU), managing the Counties Manukau South, Criminal Justice Support Unit (CJSU), and conducting reviews and training at various levels of the organization. She graduated from AUT law school in 2016 and worked again as a Police prosecutor in Manukau, Papakura, and Pukekohe. She swapped to the Defence in January 2023 when she took up a Senior Solicitor role with Gold Legal Ltd. During her session, she aims to pass on practical advice regarding navigating the lead up to trial, while also prompting thought and discussion regarding the challenges facing both Prosecution and Defence within the Criminal Justice environment.

Richard Marchant, Barrister, Regent Chambers
Richard typically appears in the District and High Courts on a range of criminal litigation. He has extensive experience in prosecuting regulatory cases. Also appearing as defence counsel and as Amicus (appointed by the Court to assist the trial Judge). He has a particular expertise in criminal jury trials, disciplinary proceedings and coronial inquests. He was formally a partner at the Crown Solicitor's office in Auckland for 20 years. During his last five years at the firm he was Chairman of the firm's board. He has prosecuted over 25 homicide trials as lead counsel and assisted in the prosecution of Q v Chris Kahui and Q v Anthonie Ronnie Dixon. He continues to prosecute serious crime as a panel member for two Crown Solicitor's offices. Since leaving Meredith Connell he has been appointed by the Governor General as a Commissioner of the Transport Accident Investigation Commission. The Commission’s Genesis arose out of the Erebus Inquiry. Its purpose is to investigate serious accidents and incidents in order to make recommendations to ensure transport safety. The Commission is the only ongoing commission of inquiry in the country’s history.

 

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Proceeds of Crime in Focus

Friday, 30 August 2024

Ready to enhance your courtroom agility? As serious fraud trends continue to rise with the advancement of technology, ensue you’re prepared to navigate the difficult terrain ahead. Examine recent cases highlighting the dangers of misunderstanding and explore the power of evidence in enhancing your clients’ odds of obtaining a favourable outcome. Get the strategies you need to robustly advocate for your client in proceeds of crime cases and guarantee the best possible resolution for each unique circumstance.

Description

Attend and earn 1 CPD hour

1.30pm to 2.30pm Proceeds of Crime in Focus


Benefit from a detailed look at how to navigate proceeds of crime applications. Gain an overview of crucial legislation, review key decisions, and catch up on the latest updates as you consider:

  • The low threshold for restraining orders
  • Proof of significant criminal activity and issue estoppel
  • Profit forfeiture quantification
  • Claims for relief
  • Settling with the Commissioner

Presented by Yvonne Mortimer-Wang, Barrister, Britomart Chambers

Learning Objective:
  • Gain insights into proceeds of crime and its legal implications

Presenters

Sarah Mandeno, Barrister
Sarah is an experienced barrister specialising in serious crime. Between 1999 to 2004 she worked for the Auckland Crown Solicitor’s office. She then worked in the United Kingdom and qualified as a solicitor of England and Wales in 2006. In 2007 Sarah left her position at Field Fisher Waterhouse in London, where she was involved in the conduct of regulatory proceedings for the General Medical Council and Nursing and Midwifery Council, to rejoin the Auckland Crown Solicitor’s office where she was a senior Crown prosecutor (2008) and made an Associate (2009). Between June 2016 and January 2018 she worked as a senior lawyer at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then Sarah has been a Youth Advocate (PAL 1-4) and undertakes assignments as either the assigned advocate or counsel to assist the Court in the Youth Courts in Tāmaki Makarau (including Rangatahi Courts, Ngā Kōti Rangatahi, and Pasifika Court). She is a member of the Abuse in Care Inquiry Legal Assistance Panel. She is a member of the Criminal Committee of the New Zealand Bar Association.

Yvonne Mortimer-Wang, Barrister, Britomart Chambers
Yvonne is a Barrister at Shortland Chambers. She acts in criminal and civil proceedings with a particular interest in serious fraud, regulatory prosecutions, proceeds of crime, disciplinary proceedings, and other areas of public interest litigation. Yvonne began her career at the bar as an employed barrister and subsequently held tenancy as barrister sole at two sets of respected chambers in Auckland. Prior to joining Shortland Chambers, she also worked at Meredith Connell where she was a Crown prosecutor and acted for other government clients in civil proceedings. Yvonne has a degree in Law and Commerce (Finance) from the University of Auckland and a Master of Public and International Law from the University of Melbourne with First Class Honours. Yvonne was the 2016 Arthur Watts Fellowship intern at the British Institute of International and Comparative Law (London) and an Inner Temple Pegasus Scholar (London) in 2018. She has a keen academic interest in areas including comparative legal studies, corporate criminal law, proceeds of crime, civil fraud, administrative law, and human rights law. Born in Shanghai, and raised both there and in New Zealand, her cultural and linguistic background gives her an insight into the dimensions and nuances of the law as experienced by immigrant communities in New Zealand.

 

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Name Suppression in Focus: Ensuring a Fair Trial and Doing Evidence Better

Friday, 6 September 2024

Name suppression orders and social media have created the perfect storm—where anyone publishing a suppressed name can be brought before the court, but actually identifying the responsible party poses significant challenges. Join us to explore critical questions such as when does name suppression apply, and how can we better protect witnesses and complainants? Get the information you need to limit exposure and uncover strategies for safeguarding privacy in this complex landscape. Don’t miss this essential session for staying informed and compliant in the digital age.

1.30pm to 2.30pm Name Suppression in Focus: Ensuring a Fair Trial and Doing Evidence Better


Explore the balance between proactive name suppression and reactive takedown orders. Examine recent decisions and benefit from a discussion on ciritical issues, including:

  • Examining recent High Court and Court of Appeal decisions on name suppression acknowledging that the law is not keeping up with modern day methods of publication, such as publication on a social media platform
  • Being the fence at the top of the cliff and thinking ahead rather than the ambulance at the bottom: Name suppression vs take down orders

Presented by Jacinda Younger, Barrister and Solicitor, Square Legal Chambers

Learning Objective:
  • Elevate your courtroom skills with updated strategies for cross-examining expert witnesses and utilizing forensic science effectively in cases to improve agility
Description

Attend and earn 1 CPD hour

Chair

Paige McElhinney, Director, Forensic Science Consultant, The Forensic Group Ltd

Presenters

Paige McElhinney, Director, Forensic Science Consultant, The Forensic Group Ltd
Paige McElhinney has worked in forensic science for the past 18 years. She has worked for both the Crown, at ESR, and the defence, now a forensic science consultant for The Forensic Group Ltd. Her areas of knowledge and expertise include - crime scene examination, body fluid identification, blood stain pattern interpretation, clothing damage, hair comparisons, footwear impression location, recovery and comparison and using DNA results to assist in interpretations. In her time at ESR she was a lead scientist for the Crown for over 720 cases including 25 homicides. Paige was the Doctors for Sexual Abuse Care (DSAC) (now MEDSAC) liaison at ESR and represented ESR at training courses on sexual abuse for medical personnel run by DSAC, as well as at the training of Police Medical Officers. She was also part of the team that developed the most recent medical examination kit and co-authored the chapters on Forensic Specimens and Forensic Science and Drug Facilitated Sexual Assault in The Medical Management of Sexual Assault (Sixth Edition 2006), published by DSAC. Paige's knowledge has been employed by the United Nations Office on Drugs and Crime where she was contracted to develop an Introduction to Forensic Science Course for the Palestinian National Authority, and by the New Zealand Law Commission, working with them on issues relating to expert witnesses and forensic biological data management.

Jacinda Younger, Barrister and Solicitor, Square Legal Chambers
Jacinda has been in practice since 1998, initially in general practice before specialising in criminal law as a barrister in 2001. Her practice began in Whanganui, then adding an office in Palmerston North where she stayed after the legal aid changes a decade ago. She is a PAL4 qualified legal aid provider and regularly appears in jury trial and appellant matters. Her favourite aspect of criminal law is section 106 discharge without convictions, which she has specialised her private practice in for the last 10years, not having one declined in that period. Her most striking case in section 106 is successfully gaining a discharge without conviction for two young offenders facing an aggravated burglary charge in 2019. Jacinda considers her strength as being a strategic thinker and that this probably developed over the last 25 years juggling a law practice, training her dressage stallion from a foal to Grand Prix (Olympic level) dressage (also a NZ first), running a busy horse stud and raising two girls who she also trains in dressage and who are national dressage champions in their own right now. “If you don’t think forward in problem solving, then the house of cards falls down pretty quickly!”

 

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Criminal Appellate Practice in Focus

Friday, 13 September 2024

Whether you’re a prosecutor or defender the stakes are always high, but they are even higher when it comes to appealing a decision. You may only get one shot. These instances require a unique set of skills and up to date knowledge to ensure excellence in advocacy for your client. When these instances do pop up, are you ready to face its challenges? Attend and add to your repertoire of resources and practical strategies to tackle the nuances of criminal appellate advocacy head on.

Description

Attend and earn 1 CPD hour

Learning Objective:
  • Delve into appellate engagement with the Criminal Procedure Act, recent case law, and challenges related to evidence in criminal cases
Chair

Sarah Mandeno, Barrister

1.30pm to 2.30pm Criminal Appellate Practice in Focus


Join David PH Jones KC, an esteemed barrister, as he presents an insightful session covering recent case law and current issues. Delve into the trends and challenges of using propensity evidence in criminal cases, understand the legal responsibilities of involved parties with party liability, and explore key themes from the Mental Impairment and Unfitness to be Tried Act. 

Presented by David PH Jones KC, Barrister, David PH Jones KC 

Presenters

Sarah Mandeno, Barrister
Sarah is an experienced barrister specialising in serious crime. Between 1999 to 2004 she worked for the Auckland Crown Solicitor’s office. She then worked in the United Kingdom and qualified as a solicitor of England and Wales in 2006. In 2007 Sarah left her position at Field Fisher Waterhouse in London, where she was involved in the conduct of regulatory proceedings for the General Medical Council and Nursing and Midwifery Council, to rejoin the Auckland Crown Solicitor’s office where she was a senior Crown prosecutor (2008) and made an Associate (2009). Between June 2016 and January 2018 she worked as a senior lawyer at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then Sarah has been a Youth Advocate (PAL 1-4) and undertakes assignments as either the assigned advocate or counsel to assist the Court in the Youth Courts in Tāmaki Makarau (including Rangatahi Courts, Ngā Kōti Rangatahi, and Pasifika Court). She is a member of the Abuse in Care Inquiry Legal Assistance Panel. She is a member of the Criminal Committee of the New Zealand Bar Association.

David PH Jones KC, Barrister, David PH Jones KC
David Jones commenced his legal career at Meredith Connell in 1982 as a prosecutor. He went to the independent bar in 1987 and has concentrated on criminal and civil litigation. David has been a member of the Crown prosecution panel since 1988 and was a member of the Serious Fraud Office prosecution panel for over 10 years. He was appointed Queen's Counsel in 2005.

 

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Parole in Focus

Friday, 20 September 2024

Parole being denied, strict release conditions and inadvertent violations are just some of the consequences to your client if you're not across the latest updates and developments in parole matters.  Don’t risk being ill-prepared in navigating these proceedings effectively. Draw upon real life case examples are you examine section 26 application strategies, eligibility criteria and find out what it takes to create compelling submissions. Don’t leave your client vulnerable and improve your professional approach now.  

Don't let a lack of knowledge result in denied parole or unnecessarily stringent release conditions that could lead to inadvertent violations and severe legal repercussions. 

Being unaware of the latest updates and developments on Parole could significantly impact whether someone's destiny lands them in or out of jail, determining whether they are released or not. The lack of awareness may lead to denied parole or unnecessarily stringent release conditions for clients, potentially resulting in inadvertent violations and legal consequences. This could mean being denied parole or facing stricter release conditions, leading to unintended violations and legal issues for clients. Join us to gain a deeper understanding of parole intricacies and improve your professional approach. Explore parole proceedings, including evidence rules and witness roles. Learn valuable insights for Section 21 hearings, from preparation and advocacy to client management strategies. Discover Section 26 application strategies, covering eligibility criteria, compelling submissions, and rehabilitation through real-life case studies.

Description

Attend and earn 1 CPD hour

Learning Objective:
  • Gain practical knowledge about parole proceedings, evidence rules, section 21 hearings, section 26 applications, and effective advocacy strategies before the Parole Board.
Chair

Sarah Mandeno, Barrister

1.30pm to 2.30pm Parole in Focus

 

  • The application of the rules of evidence
  • Witnesses in parole proceedings: Who are they, what evidence can they give and how do they give it
  • Section 21 hearings tips
    • The importance of thorough preparation for section 21 hearings, including reviewing case law, gathering evidence, and understanding client needs
    • Effective advocacy during section 21 hearings
    • Client engagement in the process, including managing expectations
  • Section 26 applications strategies
  • Eligibility criteria, document preparation
  • Persuasive submissions, supporting evidence, and potential objections
  • Emphasizing rehabilitation efforts, risk factors, and positive changes
  • Case studies

Presented by Frances Iggulden, Barrister, City Chambers

Presenters

Frances Iggulden, Barrister, City Chambers
Frances commenced as a barrister sole at City Chambers in 2018 specialising in criminal defence work of all forms. Frances has 11 years post admission experience and joined City Chambers from another well established and well regarded set of chambers, having worked with senior barristers practising exclusively in criminal law since 2012. From 2009-2012 Frances practised in general litigation including criminal work. Frances regularly represents clients before the New Zealand Parole Board as they seek release from prison or oppose applications to be recalled to serve their sentence in custody. With her in depth knowledge of the Parole Board’s expectations Frances is able to advocate effectively for her clients in this setting.

Sarah Mandeno, Barrister
Sarah is an experienced barrister specialising in serious crime. Between 1999 to 2004 she worked for the Auckland Crown Solicitor’s office. She then worked in the United Kingdom and qualified as a solicitor of England and Wales in 2006. In 2007 Sarah left her position at Field Fisher Waterhouse in London, where she was involved in the conduct of regulatory proceedings for the General Medical Council and Nursing and Midwifery Council, to rejoin the Auckland Crown Solicitor’s office where she was a senior Crown prosecutor (2008) and made an Associate (2009). Between June 2016 and January 2018 she worked as a senior lawyer at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then Sarah has been a Youth Advocate (PAL 1-4) and undertakes assignments as either the assigned advocate or counsel to assist the Court in the Youth Courts in Tāmaki Makarau (including Rangatahi Courts, Ngā Kōti Rangatahi, and Pasifika Court). She is a member of the Abuse in Care Inquiry Legal Assistance Panel. She is a member of the Criminal Committee of the New Zealand Bar Association.

 

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Criminal Law: In Focus Over Lunch

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All Sessions
Friday, 23 August 2024,
Friday, 30 August 2024,
Friday, 06 September 2024,
Friday, 13 September 2024,
Friday, 20 September 2024
CPD Hours 5
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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