Auckland High Court Sentencing Advocacy Competition

Anna Lin*

The Auckland High Court judges’ clerks held the annual Sentencing Competition in September this year. The finals were held on 28 September 2023 in Courtroom 1 of the Auckland High Court. Powell J presided. Maddison Lewis from the University of Auckland was the winner and Lisa Cwetler was the runner-up.

The competition is sponsored by the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture and the Ministry of Justice. The competition gives students the opportunity to learn how the sentencing process works and to develop their advocacy skills in a courtroom environment before a Judge of the High Court in every round. It is one of the few competitions based on criminal law and interest in taking part is high amongst students.

Twenty competitors from the University of Auckland, Auckland University of Technology and the University of Waikato made “appearances” before High Court Judges in the competition. In each round, the competitors made submissions on behalf of the Crown or defence as to the appropriate sentence for different fictional defendants who have been convicted of different offences. Though the Waikato preliminaries were held online this year, it was exciting to see two Waikato students make it up to Auckland to compete in the semi-finals in person.

This year, competitors applied R v Mako to an aggravated robbery where the defendant had Fetal

Alcohol Spectrum Disorder (FASD); used the guideline judgment on cultivating cannabis, R v Terewi, in circumstances where a woman was charged with permitting premises to be used for the cultivation of cannabis; and had to grapple with making submissions as to the most appropriate starting point for a student charged with manslaughter.

It was a privilege to have Rachael Reed KC representing the Bar Association at the final. She spoke to students in attendance about the importance of oral advocacy, particularly in sentencing, and the value of competitions such as this. The sponsorship from the Bar Association provides prize money to the winner and runner up and funds the function after the final. It ensures a high level of engagement with the competition amongst the students and the spectators.

We would also like to give our thanks to those in the Ministry of Justice who coordinated behind the scenes and to the Judges who gave their time and invaluable advice to the competitors: Gordon, Woolford, van Bohemen, Robinson, and Becroft JJ in the preliminary rounds; Whata and Campbell JJ in the semi-finals; and Powell J in the finals.

* Anna Lin is Clerk to the Hon Justices Walker and Downs Auckland High Court | Te Kōti Matua o Aotearoa Tamaki Makaurau Rohe and one of the organisers of the competition.