Opening address and leading evidence in a criminal trial (CPD 1.5 hr)

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About this On-Demand Webinar

Presented by the Marie Dyhrberg QC, Julie-Anne Kincade QC, Gareth Kayes and chaired by Iswari Jayanandan, this 1.5 hour webinar provides the unique views of our presenters on opening addresses and leading witnesses.

Our presenters will provide practical tips and their perspectives of what they consider, and the styles they adopt when presenting opening addresses and leading witnesses.  Marie will give us a purely defence perspective, Julie-Anne will provide both defence and prosecution perspective, and Gareth will consider a purely prosecution perspective.

Learning outcomes may include:
•    Identifying key differences between Crown and defence openings
•    Structuring the opening
•    The tone of the Crown opening statement
•    The balance between leading and not leading
•    How to refresh a witness’s memory and what you must first establish
•    Inconsistent statements and the application of Hannigan
•    Hostility – when you should consider it
•    Elections that the defendant makes v those counsel makes
•    The use of Briefs of Evidence and the importance of them being written and signed
•    Coping strategies for counsel

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Our Presenters:

 

Marie Dyhrberg QC

Marie Dyhrberg is a Queen’s Counsel specialising in Criminal Law. She appears regularly at the District Court, High Court and Court of Appeal in New Zealand. She also appears with clients before the Parole Board. Marie has engaged in mentoring newly admitted Barristers for the last 35 years and regularly present papers and appears as a panel member in legal, Seminars, advocacy training workshops and is invited to partake in discussion groups with related government organisations.

Marie has had a number of legal professional positions, including President of the New Zealand Criminal Bar Association and Chair of the Criminal Law Committee of the International Bar Association (IBA), the world's largest organisation of Law Societies, Bar Associations and individual lawyers. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. Marie is the first woman to take on the role of Chair of the Criminal Law Committee of the IBA. In this role she has the opportunity to be involved in key legal international issues and to bring them to the New Zealand legal system.  Marie is also a Senior Magistrate of the Pitcairn Magistrate’s Court and is currently Vice President of the Auckland District Law Society and convenor of it’s Criminal Law Committee.
In 2014 Marie was appointed Queen’s Counsel.

 

 

Julie-Anne Kincade QC

Julie-Anne was called to the Bar of England and Wales in 1991. She worked as a criminal barrister in London until December 2005, prosecuting and defending all levels and types of serious criminal cases. When she moved to New Zealand she was employed by Meredith Connell as a Senior Solicitor from 2007 to 2013.She joined the independent bar in November 2013, She has been a member of Blackstone Chambers in Auckland February 2016. She was appointed as Queen's Counsel at the end of 2019.


She is on the Panel to prosecute  for Kayes Fletcher Walker and the Serious Fraud Office. She has  been a Faculty member of the Litigation Skills course since 2015.


She is on the Council of the Auckland District Law Society (ADLS) as well as being a member of the Criminal Law Committee of ADLS. 

 

Gareth Kayes - Crown Prosecutor, Director, Kayes Fletcher Walker

Gareth is a Principal Crown Prosecutor and a director of Kayes Fletcher Walker, the office of the Manukau Crown Solicitor. He is an experienced criminal lawyer focusing on serious crime in both the High Court and District Court. He has been a member of the Serious Fraud Office Prosecution Panel since 2015.

Following his admission to the bar in 2000, Gareth clerked for the Chief Justice and then worked at the Law Commission. After completing two Masters degrees at the University of Oxford, he worked in civil litigation at Gilbert Walker. In 2008, Gareth began prosecuting at Meredith Connell (the office of the Auckland Crown Solicitor), later becoming an Associate and Senior Crown prosecutor.

In June 2014, Gareth left Meredith Connell to establish Kayes Fletcher Walker.

 

Iswari (Ish) Jayanandan

Ish was originally born in SriLanka but moved to New Zealand as a child. She graduated from University of Auckland with an LLB and a BCom. She has been a barrister sole since 2010 and she practises in South Auckland. Her trial work is varied in nature and includes single/ multiple defendant homicides, multi-accused Police operations (be it serious drugs, aggravated robberies, or serious violence), sexual offending, assaults of varying degrees, fraud matters and cases that are governed by the Criminal Procedure Mental Impaired Persons Act.

Ish is a Legal Aid PAL 4 provider, and is on the Duty Lawyer, PDLA and Amicus Panel for Manukau District Court. She is a member of the NZBA, ADLS, AWLA, South Auckland Bar Association (SABA), IBA and CLA. Ish sits on the both the NZBA and ADLS criminal committees. She is on the executive committee of the SABA. She has been a member of working groups including the Auckland Custody Project implemented at the Auckland District Court and the Remote Participation National Court to Court Custody Operating Model in September 2018.

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Price (incl GST)

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