Criminal Law Conference 2024

Dive into the latest and most impactful legal decisions. Gain an exclusive perspective with insights straight from the bench. Delve into pre-trial appeals, cultural considerations in non-Police witness admissions, and receive guidance on crucial topics like sexual assault cases, mental health issues (including fitness to plead and 'effective participation'), and forensic evidence. Sessions also encompass a vital focus on advocacy, practice management, and ethics. 

Friday, 8 March 2024
9.00am to 10.00am PANEL DISCUSSION


Address critical mental health issues in the criminal justice system, in particular fitness to plead and the allied notion of ‘effective participation’

Panelists:
Her Hon. Judge P Sinclair, The District Court of New Zealand
Genevive Vear, Senior Lawyer, Ministry of Justice - Appeals Counsel, Public Defence Service Tauranga
Professor Warren Brookbanks, Auckland University of Technology
Nick Chisnall KC, Barrister, Augusta Chambers

12.15pm to 1.15pm A VIEW FROM THE BENCH: Criminal Law Advocacy: A Judicial Perspective


With over 30 years of experience in criminal law and a strong reputation for ethics and professionalism, Judge C Ryan will share valuable insights into criminal law advocacy.
Presented by Her Hon. Judge CM Ryan, The District Court of New Zeeland

Session 2: Evidence, Significant Decisions, and Ethical Considerations in Criminal Law

Chair: Dr Amanda Bean, Director, Bean Law

2.00pm to 3.00pm HOW EVIDENCE CAN BE USED DURING AND AFTER TRIAL: FORENSIC EVIDENCE FOR CRIMINAL MATTERS


Interpreting Findings in Alcohol, Toxicology, and Drug Cases: Guidance for Criminal Lawyers
Presented by Dr Anna Sandiford, Director, The Forensic Group Ltd


Biological Evidence and Body Fluids: What do the Findings Mean?

  • Where to start when you receive an ESR report
  • Limitations of the testing
  • When, how and by whom

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

4.15pm to 5.15pm Professional Responsibility in Criminal Law Practice

Presented by David Stevens, Barrister, 4 Vulcan, Barristers

Session 1: Criminal Law Hot Spots

Chair:  Janine Bonifant, Barrister, Aurora Chambers

3.00pm to 4.00pm A Roundup of Significant Decisions from 2023

 

  • Revisiting the test for pre-trial criminal appeals
  • Factoring in specific vulnerabilities in the social media age for name suppression
  • When should there be direction around intoxication as relevant to intent?
  • Addressing admissions to non-Police witnesses in a cultural context
  • Guidance on s 146 versus s 147 of the Criminal Procedure Act

Presented by Maree Cross, Barrister, Lorne Street Chambers

11.15am to 12.15pm The New Judicial Guidelines About Misconceptions in Sexual Cases

Presented by Tim Bain, Partner, Luke Cunningham Clere

10.00am to 11.00am Strategic Insights and Techniques in Criminal Advocacy

 

  • Dealing with disclosure issues
  • Understanding the prosecution's case
  • Shaping your defence narrative
  • Navigating agreed facts and admissions
  • Making critical pre-trial decisions
  • Perfecting the art of cross-Examination and evidence in chief

Presented by Lynne Mathieson, Barrister, Gold Legal

11.15am to 11.30am Morning Tea
Learning Objectives
  • Consider the critical mental health issues in the criminal justice system, in particular fitness to plead and the allied notion of ‘effective participation
  • Examine the practical aspects and implications of the latest and crucial decisions
  • Gain a better understanding of trauma informed approach to criminal justice
  • Receive valuable perspective and advice from the Judiciary on criminal law advocacy
4.00pm to 4.15pm Afternoon Tea
Description

Attend and earn 7 CPD hours

Learning Objectives
  • Gain perspective into current and emerging capabilities in forensic evidence
  • Benefit from strategic insights and techniques in criminal advocacy
  • Receive practical guidance on ethical practice of criminal law

Presenters


Mr. David Stevens, Barrister
David is an experienced criminal lawyer specialising in serious crime. He acts for both the Crown and defence as lead counsel. David's appellate experience includes appeals to the Court of Appeal as well as numerous appeals in the High Court. Classified as senior Crown counsel in 2017, David has appeared as lead or sole counsel in more than 60 jury trials, including for charges of murder, sexual violation, and serious drug offences. David also has significant experience with departmental prosecutions, Parole Board work and Coronial inquiries. He has appeared on behalf of numerous prosecuting agencies, including the New Zealand Police, the Department of Corrections, the Inland Revenue Department, the Department of Conservation, the Ministry for Primary Industries, Statistics New Zealand, Immigration New Zealand, the Northland Fish and Game Council, and the SPCA. David is a member of the Crown prosecution panel for the Manukau Crown solicitor. He is an approved legal aid provider for Criminal PAL 4 matters, proceeds of crime cases, and appeals.


Ms. Maree Cross, Barrister, Lorne Street Chambers
Maree practices in criminal and civil litigation. In addition to her LLB (Hons)/BA from the University of Auckland (graduating with a Senior Prize and Senior Scholarship respectively), she holds an LLM (graduating as a Scholar) from Columbia University, New York. Maree was full-time junior to David PH Jones KC as well as a Senior Associate in litigation at MinterEllisonRuddWatts. She joined the independent bar in 2016 at Lorne Street Chambers with Mr Jones. She has acted for a number of high-profile individuals and appears regularly in the District and High Courts, with particular expertise in the criminal jury trial jurisdiction. She is Convenor of one of the Auckland Standards Committees, member of the NZLS National S30 Interview Panel, and contributing author to the Thomson Reuters’ text, “Privacy Law in New Zealand”.


Mr. Nick Chisnall KC, Barrister, Augusta Chambers
Nick is a barrister at Blackstone Chambers. Before joining the bar, he was the Public Defence Service's General Counsel and oversaw the PDS's appeal practice. Before that, he was Crown Counsel at the Crown Law Office, where he undertook appeals on behalf of the Solicitor-General. He has appeared many times on behalf of both defendants and the Crown in the Court of Appeal and Supreme Court. Nick is an experienced jury trial advocate, both as a senior Crown prosecutor and defence lawyer and has defended and prosecuted all types of serious criminal cases.


Dr. Anna Sandiford, Director, The Forensic Group Ltd
The Forensic Group was established in 2008 by Dr Anna Sandiford, a Senior Forensic Science Consultant with many years' experience in New Zealand and overseas who started her forensic science career in 1998. Her expert witness history includes expertise in alcohol toxicology (particularly alcohol calculations), drug driving, drugs, footwear, glass, physical fits and pollen. Since starting the company, Dr Sandiford has developed expertise in managing large and complex cases, having been involved in multiple high-profile cases including the 2009 Bain retrial, the 2015 Lundy retrial, the 2015 Privy Council decision of an unsafe conviction of Teina Pora for the murder of Susan Burdett and many others. She has been referred to as 'the expert on experts' and is author of Forensic Science and the Law: a guide for police, lawyers and expert witnesses (Thomson Reuters, 2nd edition, 2019; third edition currently in prep) and the general interest book Expert Witness (HarperCollins, 2011). Dr Sandiford has extensive national and international networks from which to locate experts from across a broad range of expertise including rare and unusual skill sets. She has worked extensively with Legal Aid and the NZ Law Commission on issues relating to expert witnesses, forensic standards and the review into NZ’s current DNA legislation. In 2020, she was appointed by former Justice Minister Andrew Little to the Establishment Advisory Group for the New Zealand Criminal Cases Review Commission. She lectures on forensic science at the University of Canterbury as an Honorary Associate Professor and also at the University of Otago as a guest lecturer.


Professor Warren Brookbanks, Auckland University of Technology
An internationally recognised authority in criminal law, mental health law, criminal justice and non-adversarial justice, Warren is Professor of Criminal Law and Justice Studies at AUT. With a particular interest in therapeutic jurisprudence, he is also the founder and Director of AUT’s Centre for Non-Adversarial Justice. Warren thoroughly enjoys teaching criminal law and mental health law and is dedicated to encouraging and supporting new lines of research in AUT’s Law School. He is currently planning novel research and programmes in association with the Centre for Non-Adversarial Justice, and beyond this has already established a broader programme of research and interdisciplinary collaboration


Dr. Amanda Bean, Barrister, Bean Law
After years of scientific research culminating in a PhD in Biomedical Science at the University of Waikato, Amanda embarked on a legal career with the aim of specialising in the use of scientific evidence in criminal trials, including physics, chemistry, and biology. As a result, she has a keen interest in Forensic Science and legal cases involving medical or scientific data. Amanda is a Solicitor and Director at Bean Law in Hamilton and practices alongside a small team of lawyers focusing on Criminal and Family Law.


Ms. 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.


Ms. Genevive Vear, Senior Lawyer, Ministry of Justice (Public Defence Service)
Genevive is a senior lawyer and appeals counsel at the Public Defence Service. She has been with the PDS since 2009 and has appeared in a wide range of criminal matters in the lower and higher Courts across this time. She currently specialises in appellate work, with a special interest and expertise in mental health related matters. Her LLM (first class) from Auckland University specialised in mental health. She has written and spoken regularly on CPMIP related matters.


Ms. 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.


Her Honor Claire Marie Ryan, Judge, The District Court of New Zeeland
Judge Claire Ryan has been a District Court Judge for 12 years. She now works mainly in the area of therapeutic jurisprudence: in the family violence court which she leads and in the mental health and youth courts. Prior to her appointment to the bench, Judge Ryan was admitted to the New Zealand Bar in 1985, then moved to Melbourne in 1990, where she was admitted to the bars of the Federal Court of Australia, the Supreme Court of ACT in 1990, and the Supreme Court of Victoria in 1993. She returned to New Zealand in 1995 where she practised as a family and employment lawyer, defence counsel then as a Crown prosecutor. Judge Ryan has been involved in judging at the World Schools Debating Championships since 1988. She is an amateur astronomer who enjoys teaching others to recognise constellations, chases solar eclipses and dreams of discovering a comet. She is a very amateur watchmaker with a passion for collecting Swatches.


Her Hon. Judge P Sinclair, The District Court of New Zealand
Judge Sinclair was admitted to the bar in 1987. She has been practising as a staff solicitor and barrister in Auckland for over 22 years and warranted as a District Inspector for Mental Health Services for four years. Her legal career commenced as a staff solicitor at McElroy Morrison. She then went to the litigation department at Keegan Alexander. In 1993 she commenced practice as a barrister sole undertaking criminal work and representing patients in proceedings under the Mental Health Act. Her criminal practice has been predominantly in the District Court in both summary and jury trial jurisdictions including appeals and sentencings in the High Court and Court of Appeal. Judge Sinclair has served on the Auckland District Law Society Criminal Law Committee for the past three years and is an accredited LEADR mediator.


Ms. Janine Bonifant, Barrister, Aurora Chambers
Janine Bonifant has had over 25 years’ experience as a litigator with a focus on criminal law. She has prosecuted and defended many trials in the District and High Courts. Janine currently practices as barrister in Wellington. Janine is a Youth Advocate in Porirua and Wellington. In addition to criminal defence work, Janine has been a faculty member on the NZLS Litigation Skills Programme since 2006 and was Director in 2013 and 2017. She is currently an instructor for the Institute of Professional Legal Studies. Janine is also an author for Lexis Nexis.


Mr. Timothy Bain, Partner, Luke Cunningham Clere
Tim is a Senior Crown Prosecutor and a partner at the office of the Crown Solicitor for Wellington, Luke Cunningham Clere. He regularly conducts jury and Judge-alone trials for the Crown in the District and High Courts, as well as criminal appeals to the High Court and Court of Appeal. Aside from his criminal practice, Tim acts in a wide variety of litigation—including regulatory and disciplinary prosecutions, appeals against statutory decision-making, and judicial review proceedings. He also provides advice to public sector clients on their powers and obligations.

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Criminal Law Conference 2024

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All Sessions
Friday, 8 March 2024
9.00am to 5.15pm New Zealand
CPD Hours 7
$690.00
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Morning Session
Friday, 8 March 2024
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
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Afternoon Session
Friday, 8 March 2024
2.00pm to 5.15pm New Zealand
CPD Hours 3
$345.00
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