SEXUAL VIOLATION JURY TRIAL – R v RB

Matt and Ciara appeared in Auckland District Court in a 2-week jury trial for a client sports coach charged with historic sexual abuse allegations made by two past sportswomen in New Zealand and abroad. The first complainant alleged she was indecently assaulted when she was 15 years old, below the age of consent. The second complainant alleged that when she was aged between around 16 and 21 years old, she was raped on four occasions when our client was controlling every aspect of her life when hired by her family as fulltime coach. 

Our client accepted he had relationships with both women which were consensual, but they had opportunities to complain about the alleged abuse. In countering the second complainant it was argued there were extensive photos, text messages and iPhone messages which showed they were romantically involved and they had travelled worldwide together for the complainant to play in tournaments.  

Initially our client was charged with 10 charges and following trial, he was found guilty of five.

SEXUAL VIOLATION JURY TRIAL – R v AL

Conducting a second retrial, our client was charged with sexual offending against his ex-wife and the burglary of her home. 

The matter had a lengthy history. With different counsel at the first trial, the jury returned hung verdicts and the second jury returned guilty verdicts. However, Matt and Ciara successfully appealed that outcome to the Court of Appeal on the basis of trial-counsel error, the appeal was successful and it was sent back to the District Court for retrial. 

At the retrial, our client gave evidence on his version of events and was acquitted of six of the nine charges faced.

Media

Former Beca principal Carel Viljoen avoids jail over $2m fraud case

Former Beca principal Carel Viljoen avoids jail over $2m fraud case

Carel Viljoen was said to have played a key role in a $2 million international fraud, costing two kiwis a significant amount of money. After being found guilty at trial, he faced up to 7 years in prison. At sentencing Angus successfully advocated for Mr Viljoen to only receive a sentence of home detention, despite the sentencing judge previously indicating that imprisonment was likely. Read the full article here.

Enraged woman Sharanjit Kaur, whose bad driving led to a fatal head-on crash, appeals prison sentence

Enraged woman Sharanjit Kaur, whose bad driving led to a fatal head-on crash, appeals prison sentence

Sharanjit Kaur had killed an oncoming motorist while chasing her lover’s wife in a car. At sentencing, she had been sentenced to four years imprisonment for the offending. Matt led the appeal against the sentence, stating that the sentencing judge should have taken into account her poor mental health and issues related to her cultural background, meaning home detention was more appropriate. Read the full article here.

Alleged hotbox murder: Gang president never ordered assault, victim was ‘mate of 20 years’

Alleged hotbox murder: Gang president never ordered assault, victim was ‘mate of 20 years’

In addition to the news article below about the death of a Tribesmen “Aotearoa” member alleged to have been killed in a “hot box” incident by his fellow gang members, Matt carried out the defence closings for Te Patukino Biddle. While acknowledging that Te Patukino contributed to the death, he stated that the Crown’s claims of murder are incorrect, as the phone recordings Te Patukino made to a friend soon after the incident show Te Patukino admitting to manslaughter and what he had done. When the Crown submitted that Te Patukino was trying to “soften the blow” by admitting to manslaughter on the phone, Matt questioned their logic, pointing out that it defies common sense that someone would admit to hurting and killing a mutual friend as a means to “soften the blow” of the death. Read the full article here.

Tribesmen Aotearoa had a ‘problem’ with the Killer Bees gang, hot-boxing of a patched member wasn’t key issue, defence say

Tribesmen Aotearoa had a ‘problem’ with the Killer Bees gang, hot-boxing of a patched member wasn’t key issue, defence say

Five gang members or associates of the Tribesmen Aotearoa chapter are undergoing trial for murder in the Hamilton High Court, having been alleged to have killed fellow chapter member Mark “Shark” Hohua in 2022. He had been subjected to a “hot box”, a form of physical punishment used by the gang to reprimand their members when they had done something wrong- in this case the personal use of chapter funds. Matt, while defending one of the accused Te Patukino Biddle, stated that the meeting the hot box was done at wasn’t held with the focus of carrying out the punishment, but was instead to address the gang’s wider problems with their rivals, the Killer Bees. Matt would go on to state that while Te Patukino had finished with his role in the punishment, others would go on to continue it excessively, eventually resulting in Mark fleeing and falling down some dangerous stairs that resulted in the harm. Read the full article here.

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

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

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.

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