Recent News
SENTENCING AT WELLINGTON DISTIRCT COURT – CLASS A, B & C DRUGS: IMPORTATION, POSSESSION FOR SUPPLY, AND CONSPIRACY TO SUPPLY
BR was represented by Matt and Ciara and pleaded guilty to 8 charges involving importation, possession for supply and conspiracy to supply class A, B and C drugs. BR had been arrested as part of Operation Skipjack, a major investigation into the importation of illegal drugs in the Wellington region. BR had earlier faced 98 charges
At sentencing in the Wellington District Court, the Crown sought an overall starting point of 15 – 16 years imprisonment.
However, Matt sought discounts for a raft of mitigating factors including BR’s guilty plea, remorse, factors relating to his upbringing, addiction and rehabilitative efforts at Red Door Rehabilitation Facility, time on bail and lack of previous convictions.
His Honour Judge Hobbs acknowledged these factors in his decision and provided a discount of 70%. This resulted in an end sentence for BR of 3 years and 7 months imprisonment, an exceptional result.
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.
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.
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.
Media
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.
MDMA in a juice bottle and Brazilian cocaine: drug syndicate’s second last holdout pleads guilty in Auckland
Mr Luna appears in the Auckland High Court where he entered guilty pleas to 10 serious drugs charges. His lawyer Matt Goodwin is also pictured – he managed to keep his client out on bail until sentencing. Read full article here.
Alleged ‘money mule’ charged with laundering $1m fraud
Police have charged a 60-year-old man with two counts of money laundering after raiding his Auckland home.He’s since appeared in Auckland District Court and cannot be named at this time. Police say they will allege the man is directly linked to two recent cases where two victims lost $950,000 and nearly $1 million respectively in a term deposit-style scam. Matt Goodwin acts for the accused. Read full article here.