Joanne Smith refused to comment outside the District Court.

UPDATED 4.59pm: Phillip Smith's lawyer is looking at a two-fold defence to accusations his client used a false passport to skip the country for South America.

The convicted murderer has appeared in court today alongside his sister Joanne, who's accused of helping him escape custody.

Lawyer Tony Ellis says they're looking at whether Smith was lawfully returned from Brazil, and he says they may also use the defence of necessity.

Auckland University law expert Kris Gledhill says that works on the principle that you're excused if the crime you've committed is the lesser of two evils.

"You've got to demonstrate that you were under a real threat of death or serious bodily harm or a member of your family was subject to that unless you took the action that you ultimately did."

In court, Judge Collins ordered Joanne Smith to stand on the opposite side of the room to her brother, who was under heavy security.

He was handcuffed to one corrections officer, and several others flanked him and manned the exits to the courtroom.

Phillip Smith was without his toupee, and wore the same red and black Brazilian club football jersey he was deported in.

Joanne Smith wore track pants, and was asked several times by her lawyer to stop casually leaning on the jury box.

Tony Ellis says he's looking into Brazilian law to see whether his client was lawfully brought home from Brazil.

"There appears to be a proposition in Brazil that you can't send someone back to an overseas country if they've got imprisonment longer than 30 years."

Tony Ellis says they may mount a defence of necessity, which is when the accused argues they had no other option but to break the law.

Phillip Smith has been remanded in custody, and his sister has been remanded on bail.

Defence lawyer Tony Ellis has indicated a trial will take about ten days.

The pair will next appear in the High Court in May.