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SENTENCING AT WELLINGTON DISTIRCT COURT – CLASS A, B & C DRUGS: IMPORTATION, POSSESSION FOR SUPPLY, AND CONSPIRACY TO SUPPLY

Jan 24, 2024

BR was represented by Matt and Ciara and pleaded guilty to 8 charges involving importation, possession for supply and conspiracy to supply class A, B and C drugs. BR had been arrested as part of Operation Skipjack, a major investigation into the importation of illegal drugs in the Wellington region. BR had earlier faced 98 charges

At sentencing in the Wellington District Court, the Crown sought an overall starting point of 15 – 16 years imprisonment.

However, Matt sought discounts for a raft of mitigating factors including BR’s guilty plea, remorse, factors relating to his upbringing, addiction and rehabilitative efforts at Red Door Rehabilitation Facility, time on bail and lack of previous convictions.

His Honour Judge Hobbs acknowledged these factors in his decision and provided a discount of 70%. This resulted in an end sentence for BR of 3 years and 7 months imprisonment, an exceptional result.

APPLICATION FOR BAIL – NGA KETE WHANGA SOLUTIONS

Dec 2, 2023

LC applied for electronically monitored (EM) bail to the rehabilitation centre Nga Kete Whanga Solutions.

The application was fiercely resisted by the Crown and Police due to concerns with the operation of the facility, which predated a change in management. The Crown filed a 9 page opposition to bail and the application was dealt with across four bail hearings.

During the hearing, Matt outlined for the judge how the facility now operated similarly to other rehabilitation facilities and additional security mechanisms had been installed by the CEO to comply with requests from Police. The facility also offers full-time supervision by staff, who reside on site for assistance – both for residents and to assist Police with bail checks.

At the final hearing, Matt was successful and LC was granted EM Bail to the address for rehabilitative purposes. The decision is now being used by other counsel as a precedent to assist their clients with getting bail to the address.

SUPPLYING METHAMPHETAMINE – COMMUNITY DETENTION AND COMMUNITY WORK

Apr 28, 2023

Murray Mulitalo was charged with supplying at least one ounce (28 grams) of methamphetamine in March and April 2020 across four occasions. Matt acted for Mr Mulitalo.

At sentencing the judge adopted a starting point of two years six months imprisonment. She allowed total discounts of 55%, taking into account a late guilty plea; a cultural report which referred to the death of Mr Mulitalo’s father, the consequential financial pressure on his family, accentuated by the demands made by the family’s church; previous good character; remorse and his determined efforts to rehabilitate, including attendance at counselling to learn about the harmful impact of methamphetamine in the community.

Mr Mulitalo was sentenced to six months community detention and 100 hours community work.

POLICE INVESTIGATION – SEXUAL VIOLATION

Apr 2, 2023

Our client, EQ had been on holiday with friends and engaged in a one-off sexual encounter with a woman. In the following weeks, a complaint was laid to Police. 

Police then contacted EQ to commence an investigation into the allegation and EQ contacted Ciara to obtain legal advice. Ciara assisted EQ throughout the investigation as well as liaising with Police.

In the end, Police advised that their investigation had concluded and a decision had been made not to charge EQ. 

POSSESSION OF CLASS A DRUG FOR SUPPLY

Mar 31, 2023

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).

APPEAL AGAINST PRETRIAL RULING ON SEARCH ASSIGNED TO PERMANENT BENCH OF COURT OF APPEAL

May 2, 2022

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.

APPEAL AGAINST PRETRIAL RULING ON SEARCH FILED

Mar 30, 2022

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

How police and homeowners brought down a Wellington drug syndicate

How police and homeowners brought down a Wellington drug syndicate

Jan 23, 2024

“… Matthew Goodwin spoke of his client’s journey since his second arrest, labelling it “transformational…

Former builder faced Judge Peter Hobbs for sentencing in the Wellington District Court, hoping for the home detention sentence his lawyer fervently argued for. He wasn’t granted home detention – but did receive a 70 per cent discount off his prison sentence.” Read full article here.

The MDMA in the juice bottle and the Brazilian cocaine: Auckland drug runner jailed for cartel role

The MDMA in the juice bottle and the Brazilian cocaine: Auckland drug runner jailed for cartel role

Aug 15, 2023

A former Auckland drug runner who served as a minion in one of New Zealand’s largest ever syndicates has been sentenced to a shade under a decade in prison. Matt Goodwin, said his client had been seduced into the sprawling and sophisticated syndicate amid financial difficulties, cultural pressure and personal tragedy with the death of his grandfather, his “mainstay of support”. Read full article here.

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