Evidence For Criminal Lawyers
The law of evidence is in no way clear and simple. Get an edge in the criminal courtroom by receiving an update on the latest evidential developments you need to know. Drill down on the implications of recent and important decisions – including an in-depth case analysis of the Alan Hall decision. You will also be updated on advances in digital forensics and what you need to know when this type of evidence is being used in your next criminal case. WEB229NZA14
Description
Attend and earn 3 CPD hours
Chair: Joanne Wickliffe, Barrister, Guardian Chambers
2.00pm to 2.05pm Introduction and Opening Comments from Chair
2.05pm to 3.05pm Evidence Act update: Recent Amendments and Decisions
Presented by Todd Simmonds, Barrister, Lorne Street Chambers
3.10pm to 4.10pm Review of the Alan Hall Case in the Supreme Court
- How leave to bring a second appeal was approached, given the age of the convictions
- Fresh evidence on appeal, and the arguments for why it was in the interests of justice for the Court to hear the appeal on grounds not determined in the Court of Appeal
Presented by Nicholas Chisnall, Barrister, Blackstone Chambers
4.15pm to 5.15pm Digital Forensics: Locating Potential Evidence and Associated Challenges
Electronic evidence has regularly featured in criminal cases for decades now. While new types of digital 'artefacts' are constantly being generated, examiners are increasingly facing data collection challenges due to privacy laws and device security.
- Understand the opportunities that electronic evidence presents
- Learn about forensic software and review solutions that may be critical in your next cases
- Look at the admissibility and reliability of such evidence, from the viewpoint of a computer forensic expert
Presented by Campbell McKenzie, Director, Incident Response Solutions
Learning Objectives:
- Update your knowledge on key provisions of the Evidence Act 2006 and recent case laws
- Gain practical insights into the application of evidence law in criminal cases
- Understand the evidence fundamentals every litigation lawyer must be aware of
Presenters
Jo Wickliffe
Jo is an experienced criminal lawyer with more than 22 years of experience as defence counsel and four years as a prosecutor for the SPCA. Jo specialises in serious crime including sexual offending, drugs, assaults and aggravated robbery. She was appointed to the NZ Law Society Criminal Law Committee in 2020, the NZ Bar Association Te Ao Māori Komiti in 2022, chaired the NZ Law Society Questioning Children in Court Forum in June 2021, is a member of the faculty of the NZ Law Society Litigation Skills Programme, is the Presenter of the Introduction to Criminal Law course, is a mentor for the NZ Law Society and is a member of the NZ Law Society National Interview Panel. Jo is a past committee member of the Auckland District Law Society Criminal Law Committee and a current member of Te Hunga Roia, the Māori Lawyers Association, the Criminal Bar Association of NZ, the Defence Lawyer’s Association of NZ and the NZ Bar Association. Jo is a member of Guardian Chambers in Auckland.
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 a large number of regulatory offences both in New Zealand and England and is currently a member of the New Zealand Law Society's disciplinary prosecution panel. He also prosecutes regulatory offences for Auckland Council. Richard has conducted a large number of Coronial Inquests and presently does work for the Waitemata District Health Board. He has also received instructions from the Auckland District Health board. He is also regularly appearing in the criminal courts as defence counsel. In 2016 he was appointed by the Government as a Commissioner of the Transport Accident Investigation Commission (TAIC). He has been on the executive of the Criminal Bar Association of New Zealand and held various positions in the legal Services Agency, Ministry of Justice, Auckland District Law Society, Auckland Regional Courts Group and the Chief District Court Judges consultative group.
Todd Simmonds
Todd was admitted to the bar in 1990 and specialises in criminal and regulatory litigation. Todd 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. Todd 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.
In 2006 Todd was appointed as senior counsel to the New Zealand Defence Force Courts-Martial panel. In 2010 Todd was appointed to the Serious Fraud Office prosecution panel.
Between 2011 and 2018, Todd served as a member of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. Between 2010 and 2019, Todd served as a member of the New Zealand Law Society’s Criminal Law Committee. Todd is a past convenor of the Auckland District Law Society’s Criminal Law Committee and is currently the Deputy Chair of the New Zealand Bar Association’s Criminal Law Committee. Todd is also a member of the pro-bono prosecution panel for the Auckland SPCA.
Nicholas Chisnall
Nicholas (Nick) specialises in all aspects of criminal law but has particular expertise in appellate work. He has appeared many times in the Court of Appeal and Supreme Court as lead counsel - on behalf of both defendants and the Crown. Before joining the bar, he was the Public Defence Service’s General Counsel and oversaw the PDS’s appeal practice. Before that, he was Crown Counsel at the Crown Law Office, where he undertook appeals on behalf of the Solicitor-General. Nick has significant jury trial experience, both as a senior Crown prosecutor and defence lawyer and has defended and prosecuted all types of serious criminal cases. Nick was appointed a Deputy Chair of the Teachers’ Disciplinary Tribunal in 2016. Nick can take direct instructions privately on cases at every level - from traffic to murder. He has expertise in regulatory prosecutions, including health and safety. He is an approved legal aid provider. Nick is available to undertake parole hearings and to defend proceeds of crimes applications.
Campbell Mckenzie
Campbell McKenzie is a forensic technology expert and cyber security consultant.
In January 2019, he founded Incident Response Solutions, a speciality forensic and cyber security business. Campbell was previously a Director at PwC New Zealand (12 years) where he led the national “forensic technology” practice and the Auckland “cyber security” practice. Prior to PwC, Campbell was a founding member of the NZ Police Electronic Crime Laboratory (4.5 years). Campbell has worked on a wide range of forensic and cyber matters for both the private and public sectors including Forensic Expert Witness, Forensic expertise for NZ Government Commission of Inquiries, Criminal investigations including fraud, perverting the course of justice and homicide cases, Cyber security strategy, Cyber security risk assessment, Whistleblower disclosures, and Investigating complaints by whistleblowers.