S Y M P O S I U M

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Criminal Law

2 2 F E B R UA RY 2 0 1 3

F R O M T H E C H A I R

The first of these criminal law symposia was held in 2000. Robertson J was the inaugural Chair and continued to chair every symposium thereafter. He has handed the baton to me. I am very pleased to become involved with the successful series he created.Next year’s symposium will follow the format which, according to evaluation surveys, has come up trumps in the past. The update on evidence law, a regular feature of recent symposia, will this time be given by Glazebrook

J. Professor Kevin Dawkins will present a paper on recent developments in criminal law. Financial crime has been much in the news. Recent trials will be analysed as will projected legislative change.We plan a stimulating session on therapeutic justice. Judge Taumaunu will provide an update on the Rangatahi Courts which have been sitting since 2008 and Judge Tremewan will be speaking on the new Alcohol and Other Drug Treatment Court which started sitting in Auckland in early November 2012.Finally, there will be the popular criminal practice session – something of a free-for-all, but focusing in particular on the role of the media in the criminal courts and on the issue of complaints against trial counsel as a ground for appeals against conviction. Audience participation will be a key feature of this session, although all sessions will be planned to ensure adequate time for participants’ questions and comments.It will be a great day – a must for all those who practise or are interested in criminal law. We know times are tough for criminal lawyers but I would urge you to find time to attend what I can promise will be a very worthwhile symposium. Sincerely, The Hon Justice Chambers Supreme Court of New Zealand

ProgrammeProgramme

8 . 3 0 – 9 . 0 0 R E G I S T R AT I O N – Tea and coffee available

9 . 0 0 – 9 . 1 5 O P E N I N G – Chair: The Hon Justice Chambers

9 . 1 5 – 1 0 . 4 5 S E S S I O N 1 : E V I D E N C E A N D C R I M I N A L L A W U P DAT E

With nearly seven years’ worth of case law and academic writing available for view, it is an appropriate time to revisit the Evidence Act and consider how it is performing.Evidence issues• Section 35 pre-trial determinations• Propensity• Improperly obtained evidence• Identification evidence.

Continued...

T H E C H A I R

9 . 1 5 – 1 0 . 4 5 Programme

S E S S I O N 1 : C O N T I N U E D

Recent developments in criminal law Against the background of recent Supreme Court and Court of Appeal decisions, this review will address the following issues: • Jury unanimity

- does jury unanimity mean that all the jurors must reach a verdict of guilty on the same basis?

• Representative charges - when are representative charges appropriate?

• Parties - how does s 662(2) Crimes Act 1961 apply to secondary parties in cases of culpable homicide?

Presenters Prof Kevin Dawkins and The Hon Justice Glazebrook

1 0 . 4 5 – 1 1 . 1 5 M O R N I N G T E A

1 1 . 1 5 – 1 2 . 4 5 S E S S I O N 2 : T H E R A P U E T I C J U D G M E N T S

• The Rangatahi Courts of Aotearoa/New Zealand - an update• The Alcohol and Other Drug Treatment (AODT) Court/Te Whare

Whakapiki Wairua - what are the hallmarks of such a court and why have we introduced them?

Presenters His Hon Judge Taumaunu and Her Hon Judge Tremewan

1 2 . 4 5 – 1 . 4 5 L U N C H

1 . 4 5 – 3 . 1 5 S E S S I O N 3 : M I X E D M O D E L E N F O R C E M E N T : C R I M I N A L I S I N G C I V I L W R O N G S A N D C I V I L A C T I O N F O R C R I M E S

This session will examine issues and tensions arising from the modern practice of providing for both criminal and civil regulation of wrongdoing. Areas to be covered include:• Recent finance company prosecutions• Interaction between criminal prosecutions and the civil proceeds of

crime regime• Statutory regimes providing for criminal and civil enforcement

(eg anti-money laundering, anti-spam, and the proposed cartel criminalisation regime).

Presenters David Johnstone and David Jones QC

3 . 1 5 – 3 . 4 5 A F T E R N O O N T E A

Programme

3 . 4 5 – 5 . 1 5 S E S S I O N 4 : C R I M I N A L P R A C T I C E

Media• Is it appropriate or necessary to comment?• Cameras in court - are the public better informed?• The quality of court reporting in New ZealandFertile fields• Costs in criminal cases

- overhaul long overdue - a potential tool to balance “the legal aid blowout”

• Demeanour - a “notoriously unreliable” mechanism to assess credibility - the case for a mandatory demeanour direction - complainant DVD evidence - is true balance achievable?

Complaints against trial counsel on appeal• Does the Court of Appeal require a ritual sacrifice?

The brave new world of bail• Strict conditions and no trial dates in sight - how long is too long?

Presenters Jonathan Eaton and Michele Wilkinson-Smith

5 . 1 5 – 5 . 3 0 C L O S I N G – Chair: The Hon Justice Chambers

6 . 3 0 P M D I N N E R A N D D R I N K S – J A M E S C O O K H O T E L

Guest Speaker Simon Moore SC Simon is the Crown Solicitor for Auckland and a Partner at Meredith Connell.

T H E C H A I R

T H E H O N J U S T I C E C H A M B E R S , S U P R E M E C O U R TJustice Robert Chambers graduated LLB (Hons) from the University of Auckland in 1975 and in 1978 gained a doctorate from the University of Oxford. He commenced practice as a barrister in 1981 and was appointed a Queen’s Counsel in 1992. He was appointed to the High Court in 1999, to the Court of Appeal in January 2004 and to the Supreme Court in December 2011.

P R E S E N T E R S

P R O F K E V I N DA W K I N S , O TA G O U N I V E R S I T Y, D U N E D I NKevin is a Professor of Law in the Faculty of Law, University of Otago, where he teaches Criminal Law and Public International Law. He is a co-author of Adams on Criminal Law and is a contributing editor of Criminal Law for the New Zealand Law Review. Kevin also practises as a barrister in Criminal Law.

P R E S E N T E R S

DAV I D J O N E S Q C , AU C K L A N D David worked at Meredith Connell between 1982 and 1987 as a prosecutor. He has been a barrister sole since 1987 concentrating on criminal and civil litigation and was appointed Queen’s Counsel in 2005. He 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.

H E R H O N J U D G E T R E M E W A N , W A I TA K E R E D I S T R I C T C O U R TJudge Tremewan was appointed to the District Court at Waitakere in 1985 and sits in the general, youth and jury trial jurisdictions. Prior to her appointment she spent two decades practising law in South Auckland. Judge Tremewan also served on the Tenancy Tribunal and Refugee Status Appeals Authority. She graduated BA/LLB (Hons) (1985) and M Jur (Dist) (1986) from the University of Auckland. With an interest in restorative justice and therapeutic interventions, Judge Tremewan and her colleague Judge Emma Aitken, have overseen the introduction of the Alcohol and Other Drug Treatment (Te Whare Whakapiki Wairua) Court at the Waitakere and Auckland District Courts.

H I S H O N J U D G E TAU M AU N U , W A I TA K E R E D I S T R I C T C O U R TJudge Taumaunu graduated from Victoria University in 1993 with a Bachelor of Laws. He practised as a barrister and solicitor in the Gisborne region for a number of years prior to his appointment as a District Court Judge in 2004 and, in June 2012, he was sworn in as a Judge of the Court Martial of New Zealand. Judge Taumaunu has a special interest in Youth Justice and, in particular, Youth Justice for recidivist Maori youth offenders. His Honour presides over the Rangatahi courts at Te Poho-o-Rawiri Marae in Gisborne and Hoani Waititi Marae in Waitakere.

DAV I D J O H N S TO N E , M E R E D I T H C O N N E L L , AU C K L A N D David is an experienced trial and appellate lawyer. His focus in recent years has been upon criminal prosecution, appeals and judicial review in the criminal justice arena. David’s particular specialty is organised (profit-motivated) crime, including drug and gang-related crime, corruption, immigration and benefit fraud, and actions to recover criminal proceeds. He is regularly counsel for the Commissioner of Police in civil proceedings brought under the Criminal Proceeds (Recovery) Act 2009.

T H E H O N J U S T I C E G L A Z E B R O O K , S U P R E M E C O U R T Justice Susan Glazebrook was appointed to the High Court in June 2000, to the Court of Appeal in May 2002 and to the Supreme Court in August 2012. From 2002 to 2010 she was a member of the Advisory Council of Jurists for the Asia-Pacific Forum of National Human Rights Institutions. Justice Glazebrook also chaired the Institute of Judicial Studies, the body responsible for judicial education in New Zealand, from 2007 to 2012.

J O N AT H A N E ATO N , B A R R I S T E R , C H R I S TC H U R C H Jonathan has conducted many trials in the District and High Courts on behalf of both the Crown and the defence and appears regularly in the Court of Appeal. He was the inaugural Vice-President - South Island of the NZBA and one of two criminal specialists on the council of the NZBA until 2010. Jonathan recently successfully defended George Gwaze at a retrial of counts alleging murder and sexual violation following an earlier acquittal and Crown appeal to the Supreme Court.

V E N U E - 2 2 F E B R UA RY 2 0 1 3 , 8 . 3 0 A M - 5 . 3 0 P M

Illott Theatre, Wellington Town Hall111 Wakefield Streeet, Wellington

The Wellington Town Hall is adjacent to the Michael Fowler Centre.

M AT E R I A L S

A booklet of papers will be given to registrants when they register at the symposium.

F E E ( I N C L G S T )

The registration fee includes extensive materials, morning and afternoon teas, and lunch. Payment received By 18 January OR After 18 JanuaryNZLS member $580 (not incl dinner) $630 (not incl dinner)Non-member $640 (not incl dinner) $690 (not incl dinner)

D I N N E R

The Symposia Dinner and drinks will be held at the James Cook Hotel Grand Chancellor and will be optional this year. The cost will be $120 per person.Payment received By 18 January OR After 18 JanuaryNZLS member $700 (incl dinner) $750 (incl dinner)Non-member $760 (incl dinner) $810 (incl dinner)

A C C O M M O DAT I O N

Accommodation at special conference rates has been reserved for participants at the James Cook Hotel Grand ChancellorLambton Room Thursday 21 February $183 incl gst Friday 22 February $183 incl gstTo secure these rates for accommodation and make travel arrangements, contact Louise Living, Travel Managers. Email: louise.living@travelmanagers.co.nzPhone: (04) 978 2328

M I C H E L E W I L K I N S O N - S M I T H , B A R R I S T E R , AU C K L A N D Michele was a Crown Prosecutor in Taranaki from 1993 - 2004 and a partner at Auld Brewer Mazengarb & McEwen from 1998 - 2004. She is a past president of the Taranaki District Law Society. Michele has prosecuted numerous serious cases including murder. Michele went to the independent bar in 2004 and has appeared as defence counsel for clients charged with murder, serious sexual offending and class A drug offending. She was co-counsel for the defence in R v Kahui. In the Appellate jurisdiction she has successfully argued appeals against sentence and conviction in the Court of Appeal and was involved in preparing the submissions to the Supreme Court in R v Mahomed. Michele practises throughout the North Island and is a member of the prosecution panel in Palmerston North and a Visiting Justice.

P R E S E N T E R S

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Criminal Law Symposium 2013 C E N T R E DAT E V E N U E

Wellington 22 February Illott Theatre, Wellington Town Hall

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Payment received By 18 January OR After 18 JanuaryNZLS member $580 (not incl dinner) $630 (not incl dinner)Non-member $640 (not incl dinner) $690 (not incl dinner) $

D I N N E R

The Symposia Dinner and drinks will be held at the James Cook Hotel Grand Chancellor and will be optional this year. The cost will be $120 per person.

Payment received By 18 January OR After 18 JanuaryNZLS member $700 (incl dinner) $750 (incl dinner)Non-member $760 (incl dinner) $810 (incl dinner) $

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