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This book is only available in PDF format
Author(s): Simon France, Peter Kaye
Published: 11 September, 2000
Pages: 64
   

The basic aim of this seminar is to consider the art of appellate advocacy from the basic principles that are set out in the various statutory provisions to the way it is practised in New Zealand courts.

The object of the seminar is to introduce practitioners of an intermediate level of experience to some of the faults that perhaps more senior colleagues have demonstrated, in an attempt to suggest what courses of action may be preferable. In short, this really means looking at the question of the appellate jurisdiction from its very basic origins.

Appellate jurisdiction in New Zealand in the criminal area is vested, of course, in the High Court and also the Court of Appeal although it is true to say that it is the latter Court that sets the current trends in this area of the law. It is inevitable, therefore, that there will be some concentration in the forum of the Court of Appeal but it is also essential to remember that many appeals also take place in the High Court of New Zealand and many of the comments and rules of practice traversed in this seminar will apply to both forums.

 

Content outline

  • Appeals from the summary jurisdiction
  • Appeals from the trial jurisdiction of both the district and High Courts
    • The relevant statutory procedures
    • Appeal before trial
    • Appeals after verdict
    • General appeals
    • Supplementary powers on appeal
  • Analysis of a blitzkrieg - some thoughts on criminal appellate advocacy
    • Written submissions
    • Oral submissions
    • Some other "rules"
    • Understanding the grounds of appeal
    • Privy Council appeals
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