Recent News
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.
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Media
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.
Wellington man charged with ‘enormous’ 2000-litre ‘date rape’ GBL drug importation, equivalent to $288m of community harm
A second man, Benjamin Rankin, 29 has been charged with importing eutylone, possession of eutylone and supplying eutylone, in relation to Operation Skipjack. Matt Goodwin acts for Benjamin Rankin. Read full article here.
Seven accused of being part of international drug syndicate to go to trial
Six men and one woman arrested in a major organised crime bust have appeared at the High Court facing various drugs charges. Matt Goodwin acts for Maximiliano Javier Luna. Read full article here.
Pair jailed for life for murdering Auckland teen Dimetrius Pairama
Toko (Ashley) Shane Winter, 30, and Kerry Te Amo, 26, were found guilty of murder after a three-week trial at the High Court in Auckland last year.
The pair kidnapped, tortured and hanged 17-year-old Dimetrius Pairama, whose body was found in a drum at a derelict house in Māngere in July 2018.
A teenager alleged to have been a third party in the crime was found unfit to stand trial and will be managed by the state, subject to a pending High Court decision. Read full article here.