Offences

We do not underestimate the complexity of these cases, we are committed to providing our clients with the best possible defence. Goodwin Law has considerable experience in dealing with murder and manslaughter cases, which cause the most serious consequences for clients and distress for their whanau.

In a murder or manslaughter trial, the State deploys massive resources. The prosecution case against clients normally involves extensive evidence, some of which comes from forensic scientists. The Police and the Crown are determined to secure a conviction, their preparation is thorough.

We counter those resources by exercising great care in preparing for trial, being well-organised; having a strong line of communication with clients; developing a credible trial strategy; deploying our own arsenal of experts on forensic issues; working with a highly experienced private investigator to track down and interview potential witnesses; and presenting a compelling defence at trial.

Not surprisingly, these cases often generate significant media interest and prejudice against our clients at trial. We discuss with our clients developing a strategy for dealing with publicity, both before and during the trial.

We have the specialist knowledge to provide sound advice to clients charged with importing, manufacturing and supplying Class A, B and C controlled drugs. The sentencing range for Class A and B drugs often involves lengthy terms of imprisonment, so the consequences for clients can be severe.

During the early days of the disclosure process, the Police tend to release their evidence in instalments, without any real guide as to how the pieces of information fit together. There are often large amounts of call data, witness statements, search evidence, alleged drug terminology and mobile phone use (attribution) to be evaluated and considerable cross-referencing.

We are experienced in assembling the jigsaw of pieces to attempt to gain an overview of the case against our clients. In some trials, the defence case is precise (eg. attribution cannot be proved), in other cases we are contending there is an absence of proof (eg. the prosecution can’t prove our client’s alleged role).

That experience includes representing clients in some of the largest drug operations in New Zealand.

We prepare thoroughly. We are well-organised and have a clear trial strategy devised in consultation with our client. Our presentation in court is focused, incisive, measured and when needed, hard-hitting.

Allegations of sexual offending inevitably cause stress to clients and their whanau. In some cases the complaint is recent (eg date rape), in other cases the allegations may be historic, stretching back decades.

We have considerable expertise in dealing with these cases. Normally, the complainant’s credibility is the central issue at trial. We believe that the key to presenting a strong defence is to scrutinise the complainant’s statements for inconsistencies and to look for evidence that counters the allegations, whether an existing prosecution witness, a witness to be called by the defence or independent evidence (eg forensics).

We dig deep. Often we instruct a private investigator to assist us. In some cases, we apply for a court order to compel a third party to hand over documents (eg Oranga Tamariki).

We regularly represent clients charged with violent offences, ranging from an aggravated robbery (eg banks, service stations) and wounding with intent to cause grievous bodily harm to assault, often in the domestic context.

Often the prosecution relies upon a combination of evidential strands, including eyewitness testimony, CCTV footage, phone data (text, polling / GPS locating and intercepted calls) forensic and medical evidence.

We carefully evaluate the prosecution evidence and discuss with our client’s defence strategy, which can include issues of mistaken identity, inconsistencies in witnesses’ accounts, lack of intent, self-defence, defence of another person or insufficient evidence where numerous persons are present.

Where appropriate, we instruct a private investigator to interview potential witnesses and/or instruct forensic experts. We then work collaboratively with the private investigator and/or expert, to advance a solid defence.

There can be advantages in being instructed during the investigation period, sometimes a prosecution can be prevented or a more favourable context promoted in the media.

We pride ourselves on preparing carefully; being well-organised, mapping out a clear trial strategy and clearly communicating the defence during the trial.

We have experience in representing clients charged with a wide range of financial crime offences, including serious fraud, false accounting, unlawful financial transactions, misappropriation of funds, tax evasion and money laundering.

Often the SFO, FMA, IRD or other prosecuting authorities deploy extensive resources to pursue charges of this nature, which may include a forensic accountant who sets the stage for the prosecution narrative, bolstered by numerous schedules and calculations. The evidence can be voluminous.

Frequently, we instruct a private investigator to interview potential witnesses and a forensic accountant to advise on the schedules and calculations proffered by the prosecution.

Goodwin Law regularly represents clients charged with driving-related offences. We appreciate that changes in this area often result from split-second decision making that can have serious, long term consequences for the driver and others.

There is a wide range of driving-related offences, such as dangerous driving or careless driving causing injury or death and expert evidence. We will carefully step you through the court process. Some offences can be complex, requiring an assessment of causation (the driver’s contribution) and the evidence of expert witnesses.

The most common driving offence is driving with the excess breath of alcohol (“drink driving”). These cases are technical, requiring a detailed review of the evidence to ensure the Police have undertaken the necessary steps as required by law (e.g. the Police checklist).

Disqualification for 6 months or more can cause hardship to clients and their whanau. We can discuss with you the possibility of seeking more lenient penalties, applying for a limited licence or an application for a discharge without conviction in exceptional circumstances.

This is a niche area of law where familiarisation with the Arms Act 1983 is crucial. In the current political climate where gun control has tightened, you need a lawyer who will listen and handle your case with care.

Goodwin Law has represented clients charged with a number of firearms offences, including possessing firearms without lawful purpose and revocation of a firearms licence.

We have access to firearms and forensic experts in this field if required to assist your defence.

We appreciate that this is an area of law where our clients often feel unheard of or misunderstood by law enforcement. We will work constructively with you to ensure that your version is conveyed to the court.

We have a high success rate for obtaining discharges without conviction and pride ourselves on leaving no stone unturned to ensure the court is aware of our client’s personal circumstances.

A successful discharge application means that if a person pleads guilty to, or is found guilty of an offence, they could still avoid having a criminal record.

To run a successful application, the court must be satisfied that the consequences of a conviction will be out of all proportion to the gravity or seriousness of the offence. There must be a real risk that the consequences will occur, it is not enough that a consequence might happen because of a conviction.

For some clients the stakes are high if convicted. That may result in the loss of employment, the ability to travel overseas for work or education or it will affect their immigration status. We work with you to assemble the affidavit evidence required, often reaching out to experts (such as international immigration lawyers and job recruiters) to provide their expert opinion on the consequences for you if convicted.