Sentencing Advocacy Competition 2010

By Sophie Klinger, Judges' Clerk, High Court, Auckland

LAW STUDENTS from the University of Auckland and the University of Waikato recently put their advocacy skills to the test, and learned how the sentencing process works, by competing in the Sentencing Advocacy Competition 2010. Following the success of the contests in the last two years, the Sentencing Advocacy Competition was again held at the Auckland High Court. It was proudly presented by the Ministry of Justice and the New Zealand Bar Association. 

Thirty-two students entered the preliminary round, with eight proceeding to the semi-final and two to the final, held on 22 March. For the first time, the competition was open to students from the University of Waikato, and a strong competitor from that law school made it to the semi-final round.

Each hearing had two competitors, who appeared in front of a High Court Judge. Each competitor prepared written submissions which were passed on to his or her opponent before the oral hearing. At the oral hearing, each competitor had 15 minutes to deliver his or her oral submissions. In the final, this was extended to 20 minutes. 

Competitors were given the facts of a crime committed by a fictional offender, and allocated a role as counsel for either the prosecution or the prisoner. They made submissions to the Judge, to persuade him or her to impose the sentence on the offender that they thought was appropriate, as well as advantageous to their client. They also answered questions from the Judge. 

To help them prepare, competitors received a fictional sentencing file including a summary of facts, pre-sentence report, victim impact statement, and criminal history of the offender. They were assessed on preparation, structure, use of written materials, use of time, understanding of sentencing principles and case law, development of argument, courtroom etiquette, speaking ability, and delivery.

The final was open to the public, drawing an audience of around 60 people. High Court Judges, Law Faculty members and members from the profession attended, including Crown Solicitor Simon Moore SC, Christine Gordon SC, and Kris Gledhill from the Faculty of Law at the University of Auckland. 

Justices Courtney and Wylie presided over the final. The two finalists were Jaime Pang acting for the prosecution, and Benedict Tompkins acting for the prisoner. Their sentencing problem involved the offence of manslaughter in a “one-punch” scenario. The presiding Judges said that both of the competitors performed very competently and it was a difficult choice. They were both excellent advocates who will do well at the Bar. Their decision was that Tompkins was the winner. He received a $600 prize from the New Zealand Bar Association, and Pang, the runner-up, received $400. The prizes were presented by Auckland Vice-President of the Association, Stephen Mills QC. 

“This competition is a rare opportunity for law students to practice something that is only ever given the briefest mention in law school, yet is such an essential part of criminal practice,” said Tompkins. “More generally, it is an excellent chance to hone and test advocacy skills. The quality of the judging and feedback is, naturally, top class, not to mention the very generous prize-money. And, best of all, it is good fun. Long may it continue.”

“Competing in the Sentencing Competition has been the highlight of my law school career,’ said Pang. “The opportunity to appear before real Judges to practice the art of advocacy and receive valuable feedback was priceless. I am very grateful to the Judges, New Zealand Bar Association, Ministry of Justice, and Judges’ Clerks who made this competition possible and made such a significant contribution to my development as a litigator.”

The Ministry of Justice provided a function with drinks and nibbles after the final round. The competition was organised by the Judges’ Clerks of the Auckland High Court in conjunction with the Auckland University Law Students’ Society.

NZLawyer, 1 April 2010