The Power of Evidence in Sexual Violence Cases

The new legislation around sexual violence demands nimble upskilling and excellence in practice. Preparation is key – snatch this unique opportunity to get ahead of your peers. Practical guidance is on offer here on cross-examination, counter-intuitive evidence and analysis of the new High Court Protocol on Disclosure. Refresh your knowledge, gain perspective and experience and be willing to meet the new challenges the new legislation commands for your clients and practice.

Wednesday, 13 September 2023
11.15am to 12.15pm Counterintuitive Evidence in Sexual Assault Cases

 

  • Overview: what is counterintuitive evidence?
  • The admission of counterintuitive evidence at trial  
  • Judicial directions
  • Recent case law

Presented by Scott Brickell, Barrister, Augusta Chambers

Chair

Sarah Mandeno, Barrister/Youth Advocate

10.00am to 11.00am The New High Court Protocol on Disclosure

 

  • Non-party disclosure
  • Judicial disclosure conferences
  • Obligations on counsel for the Crown and defendant

Presented by Fiona Culliney, Partner, Meredith Connell

12.15pm to 1.15pm Domestic Violence Evidence: Crucial Insights

 

Domestic violence is a serious issue that affects individuals and families. Gathering and presenting evidence is crucial in addressing domestic violence cases and ensuring the safety and well-being of the victims. Martin will share his insights on domestic violence evidence and explore some important aspects related to it including:

  • Police responses to domestic and family violence  
  • Leading evidence and expert evidence in criminal cases where there is domestic and family violence 

Presented by Martin Hislop, Barrister

9.00am to 10.00am Sexual Violence Legal Update: Case Update and Cross-Examination

 

  • Sexual violence case law update
  • Practical cross-examination advice

Presented by Stephen Iorns, Barrister, Rubicon Chambers

11.00am to 11.15am Morning Tea
Learning Objectives

 

  • Benefit from practical guidance on the new High Court Protocol on Disclosure
  • Gain further clarity and perspective on counter intuitive evidence
  • Benefit from expertise and knowledge with extensive case updates in sexual violence
  • Gain insights on practical cross examination analysis
  • Understand the potential issues associated with domestic violence evidence
Description

Attend and earn 4 CPD hours

Presenters


Ms. Sarah Mandeno, Barrister/Youth Advocate
Sarah is an experienced barrister specialising in serious crime. She is a member of the Criminal Committee of the New Zealand Bar Association. Between 1999 to 2004 she worked for the Auckland Crown Solicitor’s office. She then worked in the United Kingdom. In 2006 qualified as a solicitor of England and Wales. In 2007 Sarah left her role 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 an Associate (2009). Between June 2016 and January 2018 Sarah worked as a senior lawyer at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then Sarah has primarily been a Youth Advocate (PAL 1-4). She 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).


Ms. Fiona Culliney, Partner, Meredith Connell
Fiona is a prosecutor in the Crown Specialist Group with a background in the prosecution ofserious crime and regulatory prosecutions. Fiona has prosecuted a significant number of criminal jury trials on behalf of the Crown in the District Court and High Court. Fiona regularly prosecutes serious sexual violence cases, large-scale drug operations, financial crime and violent offending including homicide. Fiona also has a particular interest in extradition and has acted on behalf of both the United Kingdom and Australia in such cases. Fiona frequently appears as counsel for the New Zealand Police on appeals to the High Court and for the Solicitor-General in the Court of Appeal. She also acts for the Commissioner of Police in restraint and forfeiture proceedings in the High Court under the Criminal Proceeds (Recovery) Act 2009.


Mr. 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).


Mr. Martin Hislop, Barrister
Martin Hislop is a Criminal Lawyer / Barrister based in Auckland, New Zealand. Originating from Cape Town, South Africa, Martin ran a successful criminal defence practice, before immigrating to New Zealand. He specialises in criminal law, appearing regularly for clients charged with criminal offences in the District Courts, High Courts and Court of Appeal. He deals with all forms of criminal defence work, ranging from lower end offending, including driving matters to more serious jury trials.


Mr. Stephen Iorns, Barrister, Rubicon Chambers
Stephen was called to the bar in 2008 and has practiced in civil and criminal litigation since. He has appeared in matters ranging from the Disputes Tribunal, Parole Board and District Court, to acting as lead counsel in High Court trials (both criminal and civil), Environment Court proceedings (civil and criminal), appeals to the High Court and Court of Appeal, and international arbitration proceedings seated in London. Stephen's depth and breadth of experience traverses complex commercial disputes, company law, estate litigation, relationship property matters, environmental law, as well as regularly coming up against the state in the civil or criminal context. One mark of his success is that much of his best work will never be spoken of. He has acted for high profile lawyers, CEO's, venture capitalists, politicians, public servants, companies and charities, quietly resolving issues that would otherwise be front page news. Stephen is available for instructions on both criminal and civil matters nationwide. International briefs will be considered.

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The Power of Evidence in Sexual Violence Cases

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Single Session
Wednesday, 13 September 2023
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
Online 20240502 20230913

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