10 May 2021
WARDLEY v NZ POLICE [2021] NZHC 1026
- Citation
- [2021] NZHC 1026
- Court
- High Court
Failure of trial counsel to advise the appellant of the option to apply for a discharge without conviction under s106 constituted counsel error that created a real risk of affecting the sentencing outcome; therefore a miscarriage of justice occurred, convictions and sentence were quashed and the matter remitted to the District Court to permit a proper s106 application.