Sentencing in Criminal Law: Critical Issues and Recent Cases
Getting a fair and appropriate sentence for your criminal client can be tough at the best of times, so it is critical that you are up to date on sentencing trends in court. This must-attend programme for criminal lawyers will bring you up to date on recent sentencing decisions as well as taking a deep dive into mental health factors, corrective and therapeutic outcomes, s 106 and developments relating to the registration of child sex offenders. WEB216NZA13
Description
Attend and earn 4 CPD hours
Chair: Richard Marchant, Barrister, Regent Chambers
9.00am to 9.05am Opening comments by the chair
9.05am to 9.50am Mental Health at Sentencing
- A review of how mental health considerations factor into sentencing, with reference to the key provisions and authorities counsel should be familiar with
- Practical insights into approaching sentencing hearings for those with mental health concerns, including the obtaining of appropriate expert input
Presented by Maree Cross, Barrister, Lorne Street Chambers
9.55am to 10.40am Sentencing: How to Maximise the Sentencing Act 2002
- Analysing your client’s situation
- Self-help and other initiatives
- Strategising plea with outcomes
- Provisions of the Sentencing Act to really utilise
- Therapeutic outcomes for all
- Potential amendments to legislation which would make a difference
Presented by David Jones KC, Lorne Street Chambers
10.45am to 11.30am Registration of Child Sex Offenders
Gain an update on the application of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (the Registration Act), including:
- A summary of the key provisions in the Registration Act
- A discussion of recent appellate decisions addressing discretionary registration pursuant to s 9 of the Registration Act
- An analysis of the Supreme Court’s recent decision in D v NZ Police [2021] NZSC 2.
Presented by David Stevens, Senior Crown Prosecutor, Kayes Fletcher Walker
11.35am to 12.20pm s 106 Discharge Without Conviction
Discussion of case law applicable s 106 applications in context of criminal offending (as opposed to regulatory offending or Land Transport Act offending) with specific consideration of:
- Age R v Taulapapa [2018] NZCA 414 and subsequent decisions
- Health (physical and/or mental health)
- Consequences of conviction on employment
- Impact of conviction on standing in community of defendant
- Immigration consequences
- Consequences of conviction on overseas travel
- Remorse (participation in restorative justice processes, emotional harm reparation)
- Name suppression
- Offending contrary to Harmful Digital Communications Act
Presented by Sarah Mandeno, Barrister, Station Chambers
12.25pm to 1.10pm Update on Recent Sentencing Decisions: The Facts, Outcomes and Key Takeaways
Join Todd Simmonds who will provide you with an analysis of recent and important sentencing decisions.
Presented by Todd Simmonds, Barrister, Lorne Street Chambers
Learning Objectives
- Receive practical updates on mental health factors in sentencing
- Be updated on recent and important sentencing decisions
- Examine corrective and therapeutic outcomes in sentencing
- Gain clarity on s106 Discharge Applications
- Receive an essential update on the registration of child sex offenders
Presenters
Maree Cross, Barrister, Lorne Street Chambers
Maree Cross practices civil and criminal law from Lorne Street Chambers in Auckland City. In addition to her LLB(Hons)/BA from the University of Auckland, she holds an LLM (graduating as a Scholar) from Columbia University in the City of New York, where she specialised in trial and appellate practice. Maree was previously a Senior Associate at MinterEllisonRuddWatts as well as full-time junior counsel to David PH Jones QC. She has built up particular expertise representing clients in concurrent proceedings and parallel forums. She also writes the chapter on surveillance in the Thomson Reuters’ text, Privacy Law in New Zealand. Maree joined the Independent Bar in February 2016.
David Jones KC, Lorne Street Chambers
David Jones commenced his legal career at Meredith Connell in 1982 as a prosecutor. He went to the independent bar in 1987 and has concentrated on criminal and civil litigation. David has been a member of the Crown prosecution panel since 1988 and was a member of the Serious Fraud Office prosecution panel for over 10 years. He was appointed Queen's Counsel in 2005.
David Stevens, Senior Crown Prosecutor, Kayes Fletcher Walker
David began at a large commercial firm in Auckland before moving to Whangārei in 2010 and joining the office of the Crown solicitor for Northland in 2010 as a prosecutor. Since returning to Auckland in 2015 David has been working as a prosecutor at Kayes Fletcher Walker, based in Manukau. He was classified as senior Crown counsel in 2017.
Todd Simmonds, Barrister, Lorne Street Chambers
Todd was admitted to the bar in 1990 and specialises in criminal litigation both against and for the Crown. He has extensive trial experience in the High and District Courts and has appeared many times as lead counsel in the Court of Appeal. Prior to becoming a barrister sole in 2004, Todd was a senior prosecutor with Meredith Connell, the office of the Auckland Crown Solicitor. He has been a member of the Auckland Crown Solicitor's panel since 2004 and was appointed to the Manukau Crown Solicitor's panel upon its inception in 2015. Todd was appointed to the Serious Fraud Office prosecution panel in 2010. Todd is currently the Deputy Chair of the New Zealand Bar Association’s Criminal Law Committee and is a past convenor of the Auckland District Law Society's Criminal Law Committee.
Sarah Mandeno, Barrister, Station Chambers
Sarah is an experienced barrister specialising in serious crime. Following her admission to the bar in 1999 she worked for the Auckland Crown Solicitor’s office prosecuting on behalf of the Crown and other government agencies. In 2004 to 2007 she worked in the United Kingdom and qualified as a solicitor of England and Wales in 2006. In 2007 she left her then position at Field Fisher Waterhouse in London where she was predominantly undertaking regulatory work 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 made an Associate (2009) before leaving to go on parental leave in September 2013. Between June 2016 and January 2018 she worked as a senior lawyer (Legal Aid Criminal Provider Approval Level (PAL) 4) at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then she has been appearing for assigned (legally aided) clients, private clients and government agencies including Fire Emergency NZ and the NZ Parole Board. She is a member of the Abuse in Care Inquiry Legal Assistance Panel. She is also an approved Youth Advocate and undertakes assignments as either the assigned advocate or counsel to assist the Court in the Youth Courts in the Counties Manukau area (including Rangatahi Courts, Ngā Kōti Rangatahi, and Pasifika Court). She has been a member of the Criminal Committee of the New Zealand Bar Association since November 2019 and most recently a co-author of Blackwell, S., Seymour, F. & Mandeno, S. (2020) Expert evidence about memory in New Zealand sexual violence trials and appellate courts 2001 - 2020.