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DISMISSAL OF CHARGES – DRIVING WITH EXCESS BREATH ALCOHOL AND DANGEROUS DRIVING

Apr 19, 2023

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.

DISMISSAL OF CHARGES – BREACH OF PROTECTION ORDER

Mar 23, 2023

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.

CHARGES DISMISSED

Apr 28, 2022

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.

Media

‘Run it Straight’ death: Lawyer surprised no criminal investigations made

‘Run it Straight’ death: Lawyer surprised no criminal investigations made

May 29, 2025

Heather du Plessis-Allan from Newstalk ZB interviewed Matt Goodwin seeking his perspective on the potential for criminal liability in the death of a Palmerston North teen participating in a ‘run it straight’ game. Matt explained that the Police may have been hasty in reaching a decision not to carry out criminal investigations, especially in light of the manner of harm, but acknowledged that the Police are privy to facts that the public are not. Listen to the interview here.

FMA criticised for delayed investment scam warning after retiree loses $1m

FMA criticised for delayed investment scam warning after retiree loses $1m

Apr 1, 2025

The Financial Markets Authority (FMA) has been criticised for their delayed response in issuing scam warnings. This is in connection to the $1 million lost by the scam victim in the case handled by Matt Goodwin below, meaning that the FMA are suggested to have contributed to the success of the scam. In trial, Matt said the case should be a ‘wake up call’ for the FMA. Read full article here.

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