Your trials will be won and lost on the evidence so master both the rules and strategy of evidence in criminal trials together with expert criminal barristers who will both guide you and share their expertise. Explore hearsay and maker unavailable tactics in domestic violence and sexual assault cases. Deepen your understanding of propensity evidence from thresholds through to challenges. Get up to speed on the lawfulness and admissibility of search and surveillance evidence, its exclusion and privilege issues. Learn best practices for evidential issues in proceeds of crime proceedings.
Friday, 14 November 2025
11.00am to 11.15am Morning Tea
Description
Attend and earn 4 CPD hours
Chair:
Annabel Cresswell, Barrister, Pohutukawa Chambers
9.00am to 10.00am Hearsay and Maker Unavailable
Tactical use and limits in domestic violence and sexual assault trials
Presented by Nick Chisnall KC, Augusta Chambers
10.00am to 11.00am Propensity Evidence in Practice
- Propensity evidence under ss 40 - 43 of the Evidence Act 2006
- Consider when propensity evidence is more probative than prejudicial under s 43
- Latest decisions clarifying thresholds for admissibility
- The role of jury directions in mitigating prejudice
- Judicial discretion in balancing fairness
- Challenges in applications to admit or exclude such evidence
Presented by Scott Brickell, Barrister, Augusta Chambers
11.15am to 12.15pm Searches, Warrants and the Exclusion of Evidence
A focused update on lawfulness of searches and warrants, exclusion of evidence, use of police photography, and privilege/confidentiality issues under the Search and Surveillance Act 2012.
Presented by Tim Bain, Partner, Luke Cunningham Clere
12.15pm to 1.15pm Evidence in Proceeds of Crime Proceedings
- Procedure under the High Court Rules 2016
- Admissibility of hearsay statements
- Admissibility of improperly obtained evidence
- Other recent developments and best practices
Presented by Yvonne Mortimer-Wang, Barrister, Britomart Chambers
Learning Objectives:
- Understand the issues associated with domestic violence evidence and gain insights on practical cross-examination analysis
- Reflect on recent significant cases relating to propensity evidence and gain further clarity on counter-intuitive evidence
- Benefit from practical guidance on lawful searches, exclusion of evidence, and privilege under the Search and Surveillance Act 2012
- Apply evidentiary rules and procedures relevant to proceeds of crime cases, including hearsay and improperly obtained evidence
Presenters
Nick Chisnall KC, Augusta Chambers
Nick is a barrister at Augusta 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.
Annabel Cresswell, Barrister, Pohutukawa Chambers
Annabel is a Criminal Barrister and specialises in conducting jury trials in the Criminal Courts. Annabel was admitted to the bar in December 2000. She has previously worked for the Crown and the Public Defence Service. In 2022, She and two colleagues set up Pohutukawa Chambers in central Auckland, where she currently practices. Annabel also practices in Rotorua and mainly focuses on serious crime. Annabel is the Vice President of the Criminal Bar Association.
Scott Brickell, Barrister, Augusta Chambers
Scott was admitted as a Barrister and Solicitor in New Zealand in 2003 and as a Solicitor in England and Wales in 2008. As a criminal lawyer, Scott has prosecuted and defended both police and departmental matters. His civil background has been in public law and tax, working as a civil litigator in London for seven years including a stint working as tax lawyer for a top London firm. In recent years, Scott has practiced exclusively in criminal law. He represents clients facing charges from traffic to drugs, serious violence as well as sexual crimes. As a criminal lawyer he has established a reputation as an advocate committed to achieving the best possible outcomes for his clients. Scott is able to take direct instructions privately and is an approved legal aid provider (PAL 1-4 / Court of Appeal and Supreme Court).
Tim 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.
Yvonne Mortimer-Wang, Barrister, Britomart Chambers
Yvonne is a Barrister at Britomart Chambers. She is an experienced criminal and civil litigator with particular expertise in serious fraud, commercial (‘white-collar’) crimes, proceeds of crime, civil fraud, regulatory, disciplinary proceedings and investigations. Yvonne is a board member of New Zealand Asian Lawyers, and co-chairs its litigation committee. She is also a co-chair of the Advocacy Committee of the New Zealand Bar Association. Yvonne is a member of the prosecution panel for the Serious Fraud Office, and has been appointed counsel assisting in High Court and Supreme Court proceedings. Before Britomart Chambers, Yvonne most recently held tenancy at Shortland Chambers. Prior to that, she worked as a Crown prosecutor at Meredith Connel, where she also acted for 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.
