Criminal Law Conference 2022
Now in its 6th year, the Criminal Law Conference is back to prepare you for the year to come. Receive practical insights from an esteemed panel of experts on inadmissible admissions, cultural evidence and s27 reports, fitness and insanity, defending sex trial, AML and proceeds of crime, jury deliberations and sentencing. Gain your CPD hours and arm yourself with the unique skills and knowledge that are necessary to be successful in criminal law practice. 223NZA23
Description
Attend and earn 7 CPD hours
Session 1
Update in Criminal Practice
Chair: Richard Marchant, Barrister, Regent Chambers
9.00am to 10.00am Recent Developments and Practical Issues around Criminal Procedure (Mentally Impaired Persons) Act 2003 Proceedings
The Criminal Procedure (Mentally Impaired Persons) Act 2003 (“CP (MIP) Act”) provides the procedure for determining whether a defendant is unfit to stand trial. Establishing the fitness and sanity of the defendant is complex and rarely straightforward. Examine recent developments and cases in this area.
Presented by Philip Hamlin, Barrister
10.00am to 11.00am A Criminal Proceeds (Recovery) Act Update
Merran will cover how the Police are using the CPRA to not only confiscate proceeds of drug rings and illegitimate business, but also restraining and confiscating proceeds of legitimate businesses that may have been carried out unlawfully.
Presented by Merran Keil, Barrister, Regent Chambers
11.00am to 11.15am Morning Tea
11.15pm to 12.15pm Jury Deliberations
Consider the process of jury deliberations including the Juries Act 1981, the use of Papadopoulos directions, majority verdicts and hung juries.
Presented by Anoushka Bloem, Principal, Bloem & Associates, Criminal Defence Specialist
12.15pm to 1.15pm Sentencing Update: Cases of Interest
Join Todd Simmonds as together you examine the most recent cases and developments relating to sentencing.
Presented by Todd Simmonds, Barrister, Lorne Street Chambers
Learning Objectives:
- Be updated on recent development in fitness and sanity and CP(MPI) Act 2003
- Understand how to defend a sex trial in response to recent developments
- Work through challenges when dealing with a jury
- Gain a critical update on recent sentencing cases
Session 2
Criminal Law Evidence, AML and Proceeds of Crime
2.00pm to 2.45pm Inadmissible Admissions
Join Maree Cross as together you examine recent cases and key principles determining the admissibility (or otherwise) of defendant admissions. Incorporated is a specific focus on reliability, including the impact of mental health concerns and Police questioning techniques.
Presented by Maree Cross, Barrister, Lorne Street Chambers
2.45pmto 3.30pm Cultural Evidence: Counter-Intuitive Evidence and s27 Reports
- Admissibility
- Recent cases and rulings
- How evidence can be used both during and after trial
Presented by Jasper Rhodes, Barrister, Verus Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm4.30pm Anti-money Laundering: Recent Developments
- Liability under the AML/CFT Act 2009
- A regulator’s enforcement options
- Recent case law: procedure, penalties, matters of mitigation
Presented by Richard May, Partner and Steven O'Connor, Principal, Luke Cunningham Clere
4.30pm to 5.15pm How to Defend a Sex Trial
- Theory of case
- Cross examination of complainant/s
- Recent complaint evidence?
- Leading your client
- Defence evidence
- Closing
Presented by Hugh Leabourn, Criminal Barrister, Durham Street Chambers
Learning Objectives:
- Receive practical guidance on inadmissible admissions
- understand how to use cultural and counter-intuitive evidence and S27 reports
- Gain insights into recent developments in anti-money laundering cases
- Be updated on the Criminal Proceeds (Recovery) Act
Presenters
Richard Marchant
Richard typically appears in the District and High Courts on a range of criminal litigation. He has extensive experience in prosecuting regulatory cases. Also appearing as defence counsel and as Amicus (appointed by the Court to assist the trial Judge). He has a particular expertise in criminal jury trials, disciplinary proceedings and coronial inquests. He was formally a partner at the Crown Solicitor's office in Auckland for 20 years. During his last five years at the firm he was Chairman of the firm's board. He has prosecuted over 25 homicide trials as lead counsel and assisted in the prosecution of Q v Chris Kahui and Q v Anthonie Ronnie Dixon. He continues to prosecute serious crime as a panel member for two Crown Solicitor's offices. Since leaving Meredith Connell he has been appointed by the Governor General as a Commissioner of the Transport Accident Investigation Commission. The Commission’s Genesis arose out of the Erebus Inquiry. Its purpose is to investigate serious accidents and incidents in order to make recommendations to ensure transport safety. The Commission is the only ongoing commission of inquiry in the country’s history.
Maree Cross
Maree 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 acted for a number of high-profile individuals and appears regularly in the District and High Courts, with particular expertise in the criminal jury trial jurisdiction. 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.
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. Outside of his defence work Philip is the chairman of the National Office for Professional Standards for The Catholic Church in Aotearoa New Zealand. He advises on practical protocols to respond to sexual abuse complaints and to correct and further prevent abuse within the Church by implementing safeguarding programmes.
Jasper Rhodes
Jasper is a recent member of the independent bar, practising as a criminal barrister since December 2021. Prior to that, Jasper was a Crown prosecutor for 11 years, first in Tauranga and then in Manukau since 2015, becoming classified as a senior prosecutor in early 2017. During his time at the Crown, Jasper prosecuted well over a hundred criminal jury trials of all types and levels, with a particular expertise in trials involving vulnerable complainants, and particularly in relation to alleged sexual offending. In 2018 Jasper briefed and led the first example of culturally-focused counter-intuitive evidence in New Zealand courts. Jasper remains on the prosecution panel for the Manukau Crown Solicitor. Jasper has a Master’s degree in international human rights law from the University of Oxford.
Richard May
Richard represents and advises clients on a broad range of public and commercial law issues. His clients include both public and private sector entities. Richard has particular expertise in company and insolvency disputes, regulatory enforcement, competition law, and judicial review proceedings. Before joining Luke Cunningham Clere Richard worked for a major international law firm in Perth and Melbourne, having begun his career at a large New Zealand firm. In 2010 he was awarded a Pegasus Scholarship to work with barristers at leading commercial chambers in London.
Anoushka Bloem
Anoushka founded Bloem and Associates as one of the only specialist criminal defence practices in Auckland. Anoushka specialises in jury trials for serious crime. She conducts jury trials in the Auckland region District Courts and the High Court. She also conducts appeals in the Court of Appeal. Anoushka represents people charged with the full spectrum of criminal charges. She regularly defends clients charged with sexual, violence drug and dishonesty offending. Anoushka has 15 years’ experience in the area of criminal law. Anoushka was admitted to the bar in 2004. She is a member of the Criminal bar association, is the Vice President of the Auckland Women Lawyer’s Association and is a committee member of the Auckland District Court sexual violence pilot.
Todd Simmonds
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.
Hugh Leabourn
Hugh Leabourn predominantly defends in all aspects of criminal law. Hugh was admitted to the bar in 1988 and has been practising law in New Zealand ever since. He began his career working at Meredith Connell, the office of the Auckland Crown Solicitor. Hugh left the Crown in 1998 as a senior prosecutor and joined the defence bar, specialising exclusively in criminal law. He remains on the Crown prosecution panel. During his time with the Crown Solicitor’s office Hugh undertook a wide range of work including departmental prosecutions and jury trials. When Hugh left the Crown he had completed in excess of 140 jury trials in both the District and High Courts. He appeared as Crown counsel in a number of serious homicide, drugs and assault cases and as second counsel assisting senior prosecutors where necessary. His trial experience at the defence bar spans two decades and includes offences such as murder, manslaughter serious violence, aggravated robberies, sexual offences, major drugs cases and fraud.
Venue
Cliftons
Level 4/45 Queen Street
Auckland CBD
Auckland 1010
New Zealand
Parking
Parking is not included in your registration. Nearby options are:
- Downtown Carpark (4 min walk) Click here for rates
- Britomart Carpark (10 min walk) Click here for rates
Directions
CLOSEST TRAIN STATION - Britomart Station, 600m (5 min walk)
CLOSEST BUS STOP - Multiple stops on Queen St and Customs St (1 min walk)