Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $145 - NZLS members and Associate members
• $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

The presenters will provide defence and Crown perspectives on some recent key cases in the criminal law field. They will examine the facts and circumstances underlying the decisions in order to help you understand the practical implications for your practice.

This module will include:

• Options for vulnerable clients beyond fitness to stand trial
• Court of Appeal developments regarding jury directions, including s 122 of the Evidence Act
• Sentencing developments, including when considering youth and those with mental health difficulties
• Other recent cases of interest.

Learning objectives

By completing this module you will gain:

• A better understanding of recent key case law of use to criminal practitioners today.
• Practical tips on how recent case law might impact the way you prepare and argue cases.
• Insights into pending judgments to look out for in the coming months.

Electronic paper 

Authors: Donna-Maree Cross, Zannah Johnston
Published: 18 July 2023
Pages: 29

Introduction

Criminal cases continue to provide a steady stream of work for the courts, and likewise a steady stream of challenges for criminal practitioners. A comprehensive review of all criminal cases decided in recent years would plainly not be suitable for an “in short” seminar, and is not attempted here. This seminar aims to help criminal practitioners gain a better understanding of some key recent cases in three topic areas in particular: options for vulnerable clients, developments regarding jury directions, and recent sentencing cases.

Vulnerable clients who do not have the capacity to effectively participate in their trial may be found unfit to stand trial. But this is not the only legal mechanism by which their vulnerabilities can be recognized in the criminal justice system. This paper notes recent cases on mental health report writing, stays of proceeding, admissions and communication assistants. These cases demonstrate the need for a holistic approach and for practitioners to “think outside the box”.

The adequacy of jury directions continues to be a common ground in appeals against conviction. Recent cases on reliability, lies, and propensity directions are noted here, as well as a case addressing the possible need for directions on the cognitive capabilities of defendants.

A selection of recent sentencing cases is also noted, demonstrating what may be a greater willingness for the courts to recognise the vulnerability of some individuals in the criminal justice system.

PowerPoint Presentation

These are the slides included in the presentation.