Friday, 14 November 2025
Chair
Annabel Cresswell, Barrister, Pohutukawa Chambers
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
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
Learning Objectives:
- Examine the legal thresholds for admitting propensity evidence under the Evidence Act 2006
- Understand how courts balance probative value against unfair prejudice and apply judicial discretion
Presenters
Annabel Cresswell, Barrister, Pohutukawa ChambersAnnabel 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 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).
