Case Reports

OUR EXPERTISE

We can provide expert advice and representation on the following areas of criminal law: Proceeds of Crime / Bail Applications / Violence / Sexual Cases / Dishonesty / Drugs / Traffic As criminal lawyers we can guide you through this process and ensure you have expert representation either in Court or at the Police station. We respect the clients that we represent no matter what crime or traffic offence they have been charged with.

Sexual Cases

Sexual charges come in many forms and they can include anything from a public indecency to sexual violation by rape.  Often there will be only one witness – the complainant – and the charges can be of a historic nature.  This is common, and it does not mean that the prosecution case will fail.

Sexual charges can be extremely confronting and reveal quite personal information.  While you may not want others to know, it is important that you seek proper legal representation right from the start to ensure that you do no harm any potential defences.  Candid and forthcoming instructions are vital to ensuring that we can present the best defence case possible.

We have extensive experience representing people charged with minor and major sexual offences.  Our advice is thorough and measured, and our representation robust.  We also have an excellent track record with all manner of sexual charges.

DRUGS

Whether its possession of grams or manufacturing of kilograms, we have the expertise and experience to properly represent and advice you on all manner of drug related charges from possession of paraphernalia through to importing and manufacturing of class A substances.  We routinely appear in all courts on these matters and have an impressive track record on possession, supply, manufacturing and importation drugs charges.

VIOLENCE

Violent offending encompasses all offending with an element of violence, whether that be a minor assault or wounding with intent to injure, right through to murder – and we regularly deal with all levels of violent offending.

Our approach is methodical and measured, reviewing the evidence and advising you as to the strengths and weakness of the prosecution case and any defences available.  We can also advise you on the process right from arrest through to sentencing or acquittal.

It’s important to take advice – and good, sound advice – early, especially if your intention is to plead guilty, because there a discounts available at sentencing for early guilty pleas.  Also, if we become involved early we can engage in charge discussions with a view to reducing your original charge.  But, it is also useful to know that you aren’t boxed in and you can successfully defend charges either through a lack of prosecution evidence, self-defence, defence of another, necessity or one of the other many defences.

POLICE STATION REPRESENTATION

Being arrested can be a confusing and traumatic time. There are questions coming at you left, right and centre and you may not be aware of your rights or the law. This can often lead to some inaccurate testimonies that can later come back to bit the defendant

It is important to request a lawyer to represent you at the police station as it can save you tons of time and money in the future. Our team is on call 24/7 so that if you land yourself on the wrong side of the law, we’re not too far to help you out.

APPEALS

Sometimes something goes wrong and justice miscarries, or a sentence imposed is too harsh. Everyone in New Zealand charged with a criminal offence has a right of appeal, usually, that lies with the High Court. However, the Court of Appeal is the appeal court for all appeals post-jury trial.

DISHONESTY OFFENCES

Dishonesty offending is serious, whatever level it is at.  Dishonesty offences can range from a simple theft, though to theft in a special relationship and large scale fraud operations.  Most professions and most money handling jobs will require you to disclose dishonesty offending in particular.

There are numerous defences to dishonesty charges, but it is important to seek advice early and before you speak to Police.  We have knowledge and experience in minor theft matters right through to large-scale fraud trials, whether you are looking to settle the matter or take it right through to trial.  Our advice is pragmatic and focused on ensuring you receive the best outcome.

WORKPLACE OFFENCES

Often criminal allegations arise in workplace situations.  Generally, the employer will want to get involved – holding meetings or conducting an investigation.  Understandably, this is your livelihood and you want to protect that, but comments made in workplace investigations could be held admissible in later criminal proceedings.  So it is vital to get legal advice at an early stage and especially before making a statement (even if it seems innocuous and innocent).

We regularly get involved and advise clients when they are informed of workplace investigations or disciplinary action.  Good representation and advice is paramount at all stages, especially if it could lead to a criminal charge, and often results in   Our advice is pragmatic, timely and focused on protecting your source of income.

PROFESSIONAL DISCIPLINE

In New Zealand there is a growing number of regulated professions, whether that be health and medical practitioners, teachers, accountants, tradespeople, financial advisors, real estate agents and the list goes on.  The problem, however, is that adverse outcomes in regulated professions can severely impact your career, that’s why is it important to get advice – and good advice – sooner rather than later.

We have experience in advising and representing professionals when facing prosecution for disciplinary offences by their professional bodies, or as a result of being charged and tried in the courts.

Professionals facing criminal charges, being accused of misconduct or at risk of being prosecuted for misconduct should get in contact with us and obtain legal advice as soon as possible, because getting the right lawyer in early could mean the difference between resolving an issue before being prosecuted and having to defend the allegations.

REGULATORY PROSECUTIONS

The Police are not the only prosecutor, prosecutions can be brought against people or companies by government departments for Companies Act offences, marine related offences, civil aviation offences, electricity offences, health and safety, the list goes on.

We have expertise in defending people and companies charged with regulatory offences. Our advice is pragmatic and expert. Regulatory offences are often strict or absolutely liability (which means that unlike normal crimes such as assault) there are limited (if any) defences available.

IMMIGRATION/CRIME

Immigration and the criminal law intersect in several ways.  We have experience in defending people charged with offending against the Immigration Act 2009 and related legislation.  Additionally, we assist persons who have pleaded guilty and where a conviction would have an adverse impact their immigration status, assisting them in obtaining discharges without convictions.

When the immigration status of you – and potentially your family – is on the line, it is imperative that you seek experienced legal advice to ensure that you have the best representation possible.

TRAFFIC

Traffic offences are unique in that they often attract the same penalties as the criminal law, but additional come with sanctions such as suspensions from holding or obtaining a drivers licence.  Whether it be a speeding ticket, driving under the influence charge or operating a motor vehicle causing death charge, we know that these can often have a profound impact on your ability to work, your income and your means of transport.  So whether you’re looking to defend your traffic charges or obtain a limited licence, we’ve got a wealth of knowledge and experience.

BAIL APPLICATIONS

We often take our liberties for granted until they are restricted or altogether taken away.  Once charged, one of the first things that can be imposed on a person regardless of their innocence is strict bail conditions or bail is declined altogether.  If bail is declined, then you will be remanded in custody (that means you are imprisoned between court appearances).  Alternatively, you could be on electronically monitored (EM) bail or standard bail.

These restrictions of a person’s liberty are serious impositions of the state and should be carefully challenged if excessive.  We have experience in obtaining EM bail for those remanded in custody, having excessive bail conditions varied and obtaining bail-at-large (which is no conditions).

OTHER

Name Suppression Applications
Once charged, especially when for a serious offence, the media seem to descend on you and you can become a feature on the news.  Obtaining name suppression, then, becomes absolutely vital for protecting your standing, reputation and mana while you are defending charges against you.

We have experience in obtaining interim name suppression, continued name suppression and permanent name suppression.  It is important that you have experienced hands working on your name suppression application as the threshold is high.  Despite the high threshold, we have successfully obtained permanent and continued name suppression in several high profile High Court manslaughter trials, as well as on a number of other less serious offences.

Stay Applications
We have experience in bringing stay of proceeding applications, where the prosecution has lost or destroyed evidence, where the key defence witnesses have since died and where there has been a lack of evidence to support the charges.  A stay of proceedings amounts to an acquittal and is an important weapon in the arsenal of a defendant.