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, Director, Pohutukawa Chambers; President, Criminal Bar Association of New ZealandAnnabel specialises in serious criminal matters including murder, violent offending, sexual offences, terrorism, drug offending and criminal appeals, with more than 25 years’ experience practising exclusively in criminal law. As a Director and founder of Pohutukawa Chambers, Annabel’s work reflects the chamber’s vision of approaching every case with the appreciation of the human impact of criminal allegations, and exercising respect, dignity, and a commitment to high-quality representation. Annabel appears in complex jury trials and appellate matters throughout New Zealand and is approved to undertake Legal Aid PAL 1–4 and criminal appeal work. In addition to her advocacy practice, Annabel currently serves as President of the Criminal Bar Association, reflecting her standing within the profession and her long-standing commitment to improving access to justice and protecting fundamental legal rights. She is also the host of the popular criminal law podcast, “That’s Just Criminal”, where she explores contemporary issues in criminal justice and legal practice. Her combination of courtroom expertise, leadership and passion for criminal law makes her a highly sought-after speaker and commentator on criminal justice issues.
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).
