Recent News
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.
STAY OF PROCEEDINGS FILED
Matt and Ciara were prepared to start a 3 week jury retrial at Auckland District Court for LK charged with theft from her employer (x 3). The trial was adjourned as the Court had only allocated 2 weeks of hearing time. We have filed an application for a permanent stay of proceedings based on abuse of process, as 4 years has elapsed since LK was first charged and prejudice caused to her defence.
APPEAL AGAINST PRETRIAL RULING ON SEARCH ASSIGNED TO PERMANENT BENCH OF COURT OF APPEAL
Matt and Ciara appeared at Auckland District Court in October 2021 on a pre-trial challenge to a search warrant executed at DN’s home.
We contended that insufficient information was contained in the application for a search warrant to enable the issuing officer to reach the conclusions required by s6(a) and (b) of the Search and Surveillance Act 2012.
The Judge agreed that there was an inadequate basis for the warrant to be obtained, but admitted the evidence applying the balancing test under s 30 of the Evidence Act.
We filed an appeal against that ruling with the Court of Appeal. Due to the importance of the issues raised, the Court has assigned the case for hearing by the Permanent Bench of the Court in Wellington (most Auckland appeals are heard by the Divisional Court in Auckland). We are now awaiting the allocation of a hearing date.
DISCHARGE WITHOUT CONVICTION GRANTED
Matt successfully obtained a discharge without conviction for YK, who was originally charged with blackmail and dishonestly accessing a computer system at Auckland District Court.
The judge accepted the offending was at the lower end, expert reports showed she was remorseful and convictions would prevent her obtaining employment and future plans to travel overseas.
CHARGES DISMISSED
Ciara appeared at North Shore District Court for our client, BH who was charged with discharge and possession of a firearm.
The Police accepted there was insufficient evidence to obtain a conviction and sought to withdraw both charges pursuant to s 146 of the Criminal Procedure Act. This provision means the charges could be re-laid against our client in the future.
Ciara argued that BH is entitled to the uncertainty of outcome in the Court process and if the Police’s application was granted, the uncertainty of future disposition would be onerous and unjust.
Ciara convinced the Court that dismissal pursuant to s 147 was the appropriate provision, which is deemed an acquittal.
BAIL GRANTED
Ciara appeared at Court for a client faced with a new charge of strangulation and other violence-related charges.
The client, ZA was already on bail for violent charges and the Court was reluctant to re-admit the client to bail.
Ciara argued that due to the nature of the evidence presented by the Police and the client’s personal circumstances (including that he has full-time work), he should be readmitted to bail on more restrictive conditions.
The Court agreed and ZA was readmitted to bail.
APPEAL AGAINST PRETRIAL RULING ON SEARCH FILED
Matt and Ciara appeared at Auckland District Court for a pre-trial challenge to a search warrant executed at their client, OW’s home.
The Police attended OW’s address to locate a suspect, AB on the run who they believed was residing at OW’s address. The Police entered the house on suspicion the suspect was present – albeit, he wasn’t – and instead, found a small quantity of meth they believed belonged to OW.
At the hearing, three Police officers were called to give evidence and were cross-examined by Matt. They admitted that OW explained that AB had stayed there before and provided details of AB’s work address.
At the conclusion of the hearing, the judge decided the search warrant was lawfully executed in terms of the invocation of the powers under both s 7 and s 20 of the Search and Surveillance Act 2012.
A Notice of Appeal has been filed with the Court of Appeal against this ruling, we are now awaiting allocation of a hearing date.
Media
Samoan Court of Appeal: Appeal against murder conviction
Kolani Junior Lam was jailed for life in December 2019 after being found guilty of murdering his wife Sau Justina Sau, who was the Chief Executive Officer of the Unit Trust of Samoa at the time.
The Samoa Observer reports the decision by the Court of Appeal was handed down earlier this week. Read full article here.
Kolani Junior Lam Challenges Pathologist Report in Court of Appeal
In the Court of Appeal this week Lam’s overseas-based Counsel Mr Mathew Goodwin, launched a challenge against the decision of Justice Niava Mata Tuatagaloa. Mr Goodwin argued the evidence against his client had been circumstantial, and the pathologist report relied upon by the Supreme Court was inconclusive. Read full article here.
Appeal against conviction – Kolani Junior Lam
The Court of Appeal yesterday heard the appeal by convicted murderer Kolani Junior Lam who was serving a life sentence for the murder of his wife, Justina Sa’u in 2019.
Overseas counsel Mr Goodwin is representing Lam and in his submission today challenged the decision by Justice Niava Mata Tuatagoloa convicting Lam of murder. Read full article here.
Charges laid after man shot in standoff with police in Grey Lynn, Auckland
A man has been charged after being shot during a police standoff in Grey Lynn, Auckland last week. The 32-year-old has been charged with aggravated burglary, unlawful possession of a firearm and presenting a firearm. Matt Goodwin acts for the accused. Read full article here.
Police shot and injured a 32-year-old man in Auckland’s Grey Lynn on Monday night after he pointed a gun at officers.
Auckland City District Commander Superintendent Karyn Malthus said the man was shot after an “armed incident” on Wallingford St in Grey Lynn at about 5pm.
She said the 32-year-old was in a critical condition in hospital after being shot in the abdomen and is represented by Matt Goodwin. Read full article here.