Recent News
DISCHARGE WITHOUT CONVICTION – DRINK DRIVING
GJ was charged with driving with excess breath alcohol. She was assisted by Ciara, pleaded guilty early in the proceedings and applied for a discharge without conviction.
At sentencing, Ciara argued the impact of a conviction on GJ would be out of all proportion to the gravity of the offence. On the day of the incident, GJ was responding to a distressed call from a family member, was stopped by Police and returned an alcohol-breath reading of 584 mcg.
The impact of a conviction on GJ was that she and her family would lose a critical source of income. GJ had also engaged with various courses and completed community work to atone for the wrongdoing.
The matter was opposed by Police Prosecutions but GJ’s application was successful and a discharge without conviction was granted.
APPLICATION FOR BAIL – NGA KETE WHANGA SOLUTIONS
LC applied for electronically monitored (EM) bail to the rehabilitation centre Nga Kete Whanga Solutions.
The application was fiercely resisted by the Crown and Police due to concerns with the operation of the facility, which predated a change in management. The Crown filed a 9 page opposition to bail and the application was dealt with across four bail hearings.
During the hearing, Matt outlined for the judge how the facility now operated similarly to other rehabilitation facilities and additional security mechanisms had been installed by the CEO to comply with requests from Police. The facility also offers full-time supervision by staff, who reside on site for assistance – both for residents and to assist Police with bail checks.
At the final hearing, Matt was successful and LC was granted EM Bail to the address for rehabilitative purposes. The decision is now being used by other counsel as a precedent to assist their clients with getting bail to the address.
VIDEO-LINK FOR COMPLAINANT’S EVIDENCE SUCCESSFULLY OPPOSED
Ciara acted for JM who faces charges involving his ex-partner. The Police filed a mode of evidence application for the complainant to give evidence by video-link because she has since moved overseas and could not travel back to New Zealand during a certain period of time for medical reasons.
Ciara opposed the application, arguing that the Police had not made sufficient arrangements for the complainant to attend Court by video-link and the trial date could be adjourned to accommodate her (limited) inability to travel.
The judge agreed. Police Prosecution’s application was declined and the trial date was vacated for the complainant to attend Court in person.
DISMISSAL OF CHARGES – CULTIVATION OF CANNABIS AND DANGEROUS DRIVING
Ciara acted for JC who was initially charged with possession for supply of a cannabis plant, possessing cannabis seed, cultivating cannabis and careless driving.
The charges arose after JC was driving home from work, drove through a red traffic light and was noticed by the Police Eagle helicopter. The Eagle then continued to monitor his journey and later, Police attended his home and conducted a search of the property.
The charges were then amended to cultivation of cannabis and dangerous driving, with the remaining charges being withdrawn.
Having reviewed the disclosure, Ciara wrote to the Crown outlining the grounds upon which the search would be challenged at a pretrial hearing, contending the search of JC’s home was unlawful. The Crown then had an opportunity to review the disclosure in light of the issues and agreed the search was unlawful, deciding not to offer any evidence in support of the matter. Charges dismissed.
VIDEO-LINK FOR COMPLAINANT’S EVIDENCE SUCCESSFULLY OPPOSED
Ciara acted for JM who faces charges involving his ex-partner. The Police filed a mode of evidence application for the complainant to give evidence by video-link because she has since moved overseas and could not travel back to New Zealand during a certain period of time for medical reasons.
Ciara opposed the application, arguing that the Police had not made sufficient arrangements for the complainant to attend Court by video-link and the trial date could be adjourned to accommodate her (limited) inability to travel.
The judge agreed. Police Prosecution’s application was declined and the trial date was vacated for the complainant to attend Court in person.
DISMISSAL OF CHARGES – CULTIVATION OF CANNABIS AND DANGEROUS DRIVING
Ciara acted for JC who was initially charged with possession for supply of a cannabis plant, possessing cannabis seed, cultivating cannabis and careless driving.
The charges arose after JC was driving home from work, drove through a red traffic light and was noticed by the Police Eagle helicopter. The Eagle then continued to monitor his journey and later, Police attended his home and conducted a search of the property.
The charges were then amended to cultivation of cannabis and dangerous driving, with the remaining charges being withdrawn.
Having reviewed the disclosure, Ciara wrote to the Crown outlining the grounds upon which the search would be challenged at a pretrial hearing, contending the search of JC’s home was unlawful. The Crown then had an opportunity to review the disclosure in light of the issues and agreed the search was unlawful, deciding not to offer any evidence in support of the matter. Charges dismissed.
SUPPLYING METHAMPHETAMINE – COMMUNITY DETENTION AND COMMUNITY WORK
Murray Mulitalo was charged with supplying at least one ounce (28 grams) of methamphetamine in March and April 2020 across four occasions. Matt acted for Mr Mulitalo.
At sentencing the judge adopted a starting point of two years six months imprisonment. She allowed total discounts of 55%, taking into account a late guilty plea; a cultural report which referred to the death of Mr Mulitalo’s father, the consequential financial pressure on his family, accentuated by the demands made by the family’s church; previous good character; remorse and his determined efforts to rehabilitate, including attendance at counselling to learn about the harmful impact of methamphetamine in the community.
Mr Mulitalo was sentenced to six months community detention and 100 hours community work.
DISMISSAL OF CHARGES – DRIVING WITH EXCESS BREATH ALCOHOL AND DANGEROUS DRIVING
Ciara acted for LW who was charged with dangerous driving and driving with excess breath alcohol.
Ciara instructed a clinical neuropsychologist to assess whether LW suffered from mental impairments. It was concluded that LW suffered from various cognitive issues (including dementia) and this severely impacted her decision making and ability to communicate with counsel during court proceedings. Having worked with LW’s family to ensure appropriate support mechanisms were in place, Ciara also discussed the matter with Police Prosecutions who decided to withdraw the charges.
POLICE INVESTIGATION – SEXUAL VIOLATION
Our client, EQ had been on holiday with friends and engaged in a one-off sexual encounter with a woman. In the following weeks, a complaint was laid to Police.
Police then contacted EQ to commence an investigation into the allegation and EQ contacted Ciara to obtain legal advice. Ciara assisted EQ throughout the investigation as well as liaising with Police.
In the end, Police advised that their investigation had concluded and a decision had been made not to charge EQ.
POSSESSION OF CLASS A DRUG FOR SUPPLY
OW pleaded guilty to possessing 24 grams of methamphetamine for supply. Matt acted for OW.
At sentencing, 28 months’ imprisonment was found to be an appropriate starting point and a 20% discount was awarded for OW’s early guilty plea. Matt also obtained a cultural report which outlined our client’s troubled personal background and this attracted a further 20% discount. OW had also made significant attempts to rehabilitate himself against a background of substance abuse and was awarded a further 5% discount for this factor.
This left OW with an end sentence of 15 months’ imprisonment which could be substituted for an electronically monitored sentence. The Presiding Judge found community detention was the most appropriate and OW was sentenced to four months community detention and also 18 months intensive supervision.
OW had also pleaded guilty to a charge of driving with excess breath alcohol. The Presiding Judge found that the case under s. 94 of the Land Transport Act had been made out and did not disqualify OW from driving but rather, that the community detention sentence could make up the community sentence requirement (so he did not have to serve a sentence of community work).
Media
Mongrel Mob boss hit: Man accused of shooting Daniel Eliu outside church revealed
“The man accused of gunning down Mongrel Mob boss Daniel Eliu outside a South Auckland church can now be named… his lawyer Matthew Goodwin had sought leave to appeal to the Supreme Court. But when his case was called at the Auckland High Court on Wednesday, Justice Matthew Downs confirmed name suppression had lapsed.” Read full article here.
The MDMA in the juice bottle and the Brazilian cocaine: Auckland drug runner jailed for cartel role
A former Auckland drug runner who served as a minion in one of New Zealand’s largest ever syndicates has been sentenced to a shade under a decade in prison. Matt Goodwin, said his client had been seduced into the sprawling and sophisticated syndicate amid financial difficulties, cultural pressure and personal tragedy with the death of his grandfather, his “mainstay of support”. Read full article here.
Drug runner who asked for a pay rise jailed for part in sophisticated syndicate
Justice Graham Lang sentenced the defendant to nine years and 11 months’ imprisonment and he will have to spend at least four years behind bars before being eligible for parole. Matthew Goodwin, told the court this case was a tragedy. Read full article here.
Ambitious drug runner asks boss for salary, pay rise and holiday pay
Originally from Brazil, our client entered guilty pleas to a raft of drugs charges on Friday. Matt Goodwin and Ciara Chester-Cronin act for Mr Luna. Read full article here.
MDMA in a juice bottle, Brazilian cocaine: drug syndicate’s second last holdout pleads guilty in Auckland
Our client was one of a number of people arrested in 2020 when police terminated Operation Mystic, targeting what prosecutors called an “extremely large-scale drug importing and distribution syndicate”. Matt Goodwin and Ciara Chester-Cronin act for Mr Luna. Read full article here.