Presentation
When
Wednesday 13th Nov, 1:30pm
Lead Presenter
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Jamie O'Sullivan
Luke Cunningham Clere
Co-Presenter:
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Andrew Britton
Luke Cunningham Clere
IMPROVING SENTENCING OUTCOMES
Developments in sentencing and how to achieve better results
How do we ensure that penalties imposed are effective, even against large corporate offenders?
In this session we explore the application of the High Court (Health and Safety) guideline decision of Stumpmaster, in the RMA context. We also look at the steps that can be taken to successfully advocate for appropriate levels of fines that are not a 'licence fee' for offending. In particular, dealing with: defendants of significant financial means, the question of profit gained (or costs saved), and consideration of other potential tools such as proceeds of crime.
Andrew Britton
Senior Associate, Crown Prosecutor, Luke Cunningham Clere
Andrew is an experienced advocate specialising in public, regulatory, professional disciplinary, and criminal proceedings, and enforcement strategy and advice. He regularly in courts of first instance and appeal on behalf of the Crown and a range of government departments, Crown entities, independent statutory bodies, regional authorities, and individuals. Andrew also conducts criminal proceeds recovery work for the Commissioner of Police.
Jamie O'Sullivan
Senior Associate, Luke Cunningham Clere
Jamie is a Senior Associate at Luke Cunningham Clere. Jamie specialises in RMA prosecutions. As an experienced trial litigator, she regularly conducts trials in the District and High Courts. She has also represented the Crown in the Court of Appeal on a number of matters, including on appeal against conviction under the Resource Management Act 1991. Jamie conducts complex regulatory prosecutions, disciplinary proceedings, and appeals for a variety of government agencies and other bodies.