Evidence for Criminal Lawyers
The effective use of evidence can be the difference between winning or losing in the courtroom, so it is imperative that you get it right. This must attend programme for criminal lawyers will take you through the tips and traps of getting evidence in, challenging it and using it to its best effect. WEB219NZA13
Description
Attend and earn 3 CPD hours
Chair: Aaron Perkins KC, Regent Chambers
1.15pm to 1.20pm Opening Comments from the Chair
1.20pm to 2.20pm S25 Evidence Act 2008 on Psychological Evidence
- What experts at trial can say about:
- black outs and intoxication
- counterintuitive evidence
- memory
- freeze, fight or flight reaction
- intellectual disabilities
- Communication assistance
- How should this evidence be presented (s9 Agreements or not)?
- Where do you find an expert?
Presented by Philip Hamlin, Barrister
2.25pm to 3.25pm Propensity Evidence: Recent Judgments
An analysis of a selection of recent and noteworthy appellate judgments relating to propensity evidence. Incorporated is consideration of how those judgments may be applied (and distinguished) in future cases as well as practical insights for advancing propensity arguments.
Presented by Maree Cross, Barrister, Lorne Street Chambers,
3.30pm to 4.30pm Facial Recognition Technologies: Legal, Ethical, and Privacy Considerations
One of the most controversial technologies currently being used in the field of surveillance is CCTV facial recognition. This session will examine the use of this technology as evidence and will consider the following:
- The lack of explicit statute law authorising the use of this technology
- The absence of rules regarding the compilation of database images used for comparison and identification purposes
- The level of false positive identifications and wrongly identified persons
- Potential breaches of NZBoRA provisions
- Potential for bias
Presented by Wendy Andrews, Barrister, Blackstone Chambers; Paper prepared by Susan Gray, Barrister, Blackstone Chambers
Learning Objectives
- Reflect on recent cases of significance relating to propensity evidence
- Gain insights on S25 and psychological evidence
- Understand the potential issues associated with facial recognition evidence
Presenters
Aaron Perkins KC
Aaron Perkins kC - Aaron Perkins graduated from the University of Auckland in 1980. He worked for two Auckland law firms before joining the Independent bar in 1982. He specialised in criminal defence work from 1982 to 1986. In 1986 he joined the Auckland Crown Solicitor's office becoming a partner in 1993. He returned to the independent bar in 2014. From 1986, he has specialised in homicide trials. He was called to the inner bar in 2016.
Philip Hamlin
Philip is an experienced Criminal Barrister with extensive involvement across a wide range of criminal trials, appeals and related civil hearings. He is a former Crown Prosecutor with over 38 years' of experience. He has a BA in psychology, LLB Honours degree and an Master of Jurisprudence from Auckland University. Phil is recognised for his expertise in criminal law, specifically in sex crimes, child abuse and homicides, expert evidence cases, appeals, mental health, pornography and computer-internet crime. More recently Phil has been involved in the case of R v Tongia which has revisited the scope of fitness hearings and trial rights for mentally unfit defendants.
Maree Cross
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 also writes the chapters on surveillance and the Privacy Act in the Thomson Reuters’ text, Privacy Law in New Zealand. Maree joined the Independent Bar in February 2016.
Wendy Andrews
Wendy is a senior barrister with twenty eight years’ experience in the criminal and civil jurisdictions. She worked as a prosecutor at the Auckland Crown Solicitors Office for 16 years and prosecuted serious criminal jury trials on behalf of the Crown and regulatory prosecutions for Crown entities. She also acted for the Crown and Police in civil cases for damages, including claims for breach of the NZBOR Act, proceeds of crime restraining orders and exemplary damages claims. Wendy has been appointed amicus to assist the District Court in both jurisdictions. She also has a busy general civil litigation practice.