Criminal Closing Address Webinar (CPD 1.5 hr)

The closing address is an advocate's last chance to persuade the factfinder before deliberations begin. It is a time to reiterate the most important arguments, summarise what the evidence has and has not shown and explain why, on the evidence and the law, the factfinder should decide on the advocate’s client’s favour.
 
This webinar, presented by Julie-Anne Kincade QC and Susan Gray, and chaired by Shane Elliott, will run through the essential components of a closing address (with a focus on jury closings) including:

• Differences between Prosecutor and Defence Closing

  • Difference in nature of content, and style permitted
  • Law covered by Prosecutor
  • Prosecutor’s case is generally known from the outset

• When and how to prepare your closing

  • General (optimistic) advice is to have outline of your closing before the trial starts, so you know what you are aiming for
  • How does that work in the real world - what do you do, and when
  • Defence position may change significantly by the end of trial (eg if the D has given evidence)
  • Use of aids (eg references to NoE for Jury)
  • Examples of issues than can arise

• Content of closing - what to cover

  • How to choose what to issues/evidence to cover
  • Prosecutor - have to link whole case together
  • Defence - may zero in on one issue, or take a ‘death by a thousand cuts’ approach
  • Defence - utility of advancing alternative theory
  • How to counter your opponent’s case

• Effective delivery

  • Engaging with the Jury - telling your client's story and making it real for them.
  • Making the most of your own personal style (no point trying to be Denny Crane (Boston Legal) if you aren’t.
  • Starting and finishing strongly - completing the circle.
  • Brevity and simplicity

• Tricks of the Trade - what works and what doesn't

• Different approaches for specific case types - for example
  • Sexual violence (minors)
  • Murder
  • Fraud/white-collar crime

		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.
		Susan Gray Susan is a senior criminal barrister with 25 years' experience. She is able to appear on all criminal matters, CYFS care and protection cases and at inquests and parole hearings. Between 1990 and 2013, Susan worked as a prosecutor at the Auckland Crown Solicitors office.  For the last 11 years she was a partner and regularly conducted serious criminal cases on behalf of the Crown. Since 2014 Susan has worked as a defence lawyer, undertaking a full range of criminal cases including appeals against sentence and conviction in the Court of Appeal. She is able to take direct instructions. Susan is an approved legal aid provider.
		Shane Elliott Shane is an experienced civil and criminal barrister, with a focus on regulatory prosecutions.  He previously practised at Russell McVeagh and Bell Gully conducting a variety of general litigation work.  He also worked at Meredith Connell as a Crown prosecutor (jury trials) and on regulatory prosecutions including for the Commerce Commission, Maritime New Zealand and WorkSafe. Shane regularly appears at all court levels in New Zealand including the Court of Appeal and Supreme Court on both civil and criminal matters. For further details see www.shaneelliott.co.nz or LinkedIn.

This webinar is free to members of the NZBA.   Register using your NZBA email login to get the member price of $0.

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