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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The charges were then amended to cultivation of cannabis and dangerous driving, with the remaining charges being withdrawn.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).

DISMISSAL OF CHARGES – BREACH OF PROTECTION ORDER

AM was charged with two charges of breaching a protection order when she attended her ex-partner’s house on the evening before New Zealand’s first Level 4 Lockdown in March 2020. 

AM pleaded not guilty as she had a reasonable excuse to attend the address; to check on the welfare of her child and make co-parenting arrangements with her ex-partner for the Lockdown period.

Ciara successfully argued that the charges should be dismissed pursuant so s 147 of the Criminal Procedure Act – it was in the interests of justice for the matter to end due to the passage of time as well as AM and her ex-partner having a constructive co-parenting relationship. Charges dismissed.

SEXUAL VIOLATION JURY TRIAL – R v RB

Matt and Ciara appeared in Auckland District Court in a 2-week jury trial for a client sports coach charged with historic sexual abuse allegations made by two past sportswomen in New Zealand and abroad. The first complainant alleged she was indecently assaulted when she was 15 years old, below the age of consent. The second complainant alleged that when she was aged between around 16 and 21 years old, she was raped on four occasions when our client was controlling every aspect of her life when hired by her family as fulltime coach. 

Our client accepted he had relationships with both women which were consensual, but they had opportunities to complain about the alleged abuse. In countering the second complainant it was argued there were extensive photos, text messages and iPhone messages which showed they were romantically involved and they had travelled worldwide together for the complainant to play in tournaments.  

Initially our client was charged with 10 charges and following trial, he was found guilty of five.

SEXUAL VIOLATION JURY TRIAL – R v AL

Conducting a second retrial, our client was charged with sexual offending against his ex-wife and the burglary of her home. 

The matter had a lengthy history. With different counsel at the first trial, the jury returned hung verdicts and the second jury returned guilty verdicts. However, Matt and Ciara successfully appealed that outcome to the Court of Appeal on the basis of trial-counsel error, the appeal was successful and it was sent back to the District Court for retrial. 

At the retrial, our client gave evidence on his version of events and was acquitted of six of the nine charges faced.

KOLANI LAM V ATTORNEY GENERAL OF SAMOA

Kolani Lam had been convicted in the Supreme Court of Samoa of the murder of his wife by strangulation inside their house, assaulting his stepdaughter and interfering with a witness following a judge alone trial in 2019.

Matt and Ciara were instructed on an appeal against conviction, which was heard in the Samoan Court of Appeal before Justices Young, Harrison, Asher and Tuala-Warren (a full Bench).

On appeal, Matt argued numerous appeal points revolving around errors of previous trial counsel. The most significant error was that a defence pathologist should have been instructed on the cause of death, as the defence theory was that the wife had committed suicide by hanging. To support that argument we instructed Dr Byron Collins, leading Australian pathologist who provided an independent report to the Court and argued that was fresh evidence. Dr Collins agreed that the cause of death was neck compression, but highlighted that the pivotal issue was how that neck compression occurred – suicide or strangulation. While Dr Paul Botterill(engaged by the Attorney General) was of the view that strangulation was the favoured cause of death, Dr Collins said that injuries sustained could be reasonably explained by the process of hanging and resuscitation attempts which had been performed by Mr Lam. 

During the appeal hearing leave to call fresh evidence was granted, both pathologists were closely questioned by both counsel and judges. The evidence of Dr Botterill was preferred.

As a result Mr Lam’s appeal against the murder conviction was dismissed, but granted on the charges of assault on a child and interfering with a witness.

EM BAIL AND HOME DETENTION

KP plead guilty to 11 charges, with the most serious being injuring with intent to injure and burglary. KP accepted a sentence indication of 3.5 years imprisonment. However, prior to sentencing KP removed his EM Bail bracelet, absconded and was later re-arrested and remanded in custody. This was a wakeup call for KP, accepting that he needed support with drug and alcohol rehabilitation. Ciara sought that KP be admitted to the Grace Foundation and filed an application for EM Bail, which was successful.

At sentencing, KP received discounts for his early guilty pleas, remorse and factors that were addressed in his cultural report pursuant to s 27 Sentencing Act. An end sentence of nine months home detention with judicial monitoring was imposed.

Media

Mongrel Mob boss hit: Bail denied for man accused of murdering Daniel Eliu outside Manukau church

Mongrel Mob boss hit: Bail denied for man accused of murdering Daniel Eliu outside Manukau church

A man accused of gunning down a prominent Mongrel Mob leader in front of a South Auckland church late last year has lost his bid to await his murder trial on electronically monitored bail.

The 41-year-old Henderson resident, whose identity remains suppressed, returned to the High Court at Auckland via audio-video feed yesterday as defence lawyer Matthew Goodwin asked Justice Simon Moore for his client’s release. Read full article here.

Mongrel Mob boss hit: Man accused of murdering Daniel Eliu outside Manukau church appears in court

Mongrel Mob boss hit: Man accused of murdering Daniel Eliu outside Manukau church appears in court

A man accused of gunning down a prominent Mongrel Mob leader in front of a South Auckland church a week before Christmas has appeared for the first time in the High Court at Auckland, where he pleaded not guilty to murder.

Justice Sally Fitzgerald approved a request from defence lawyer Matthew Goodwin that the 41-year-old Henderson resident keep interim name suppression. Other aspects of the case are also suppressed. Read full article here.

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