Recent News
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.
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Media
Defence lawyer critical of director of acute mental health unit for discharging killer
The doctor who discharged a schizophrenic man from an acute mental health unit days before he beat a pensioner to death stands by his decision and says it was a “good discharge”, a court heard.
Earlier on Thursday the High Court in Auckland heard an external review of the treatment Gabriel Hikari Yad-Elohim received days before he killed Michael Mulholland was conducted, but not disclosed to lawyers before trial. Read full article here.
Police stand firm despite outrage over fooling court
Lawyers have condemned a move that saw a court fooled into prosecuting an undercover cop to boost his criminal standing.
Police are defending the move because of the dangerous nature of undercover work, but a leading barrister says it is “an abuse of process hitherto unknown” in the legal system.
Documents show the fake prosecution was signed off in 2010 by Chief District Court Judge Russell Johnson, who has since died. Read full article here.
Defence lawyers challenge fixed fee for legal aid
Defence lawyers are challenging moves to establish a fixed fee regime for criminal legal aid, seeking a High Court injunction to stop the scheme’s introduction in March.
The Criminal Bar Association has filed a judicial review in the Auckland High Court, claiming that the proposed changes are unlawful, unreasonable and invalid.
The association says while it accepts the need for the efficient legal aid system, the proposed changes lack proper analysis and consultation. Read full article here.
Murder accused ‘didn’t have suicide on mind’
Defence lawyer Matthew Goodwin said his client was intoxicated when he was driving along Linwood Rd, Karaka, towards Glasson’s Bridge in June last year.
He said “homicide was conceded in this case” but Worrell was defending a charge of murder at a trial in the High Court at Auckland. Read full article here.