8 Nov 2021
YU v NEW ZEALAND POLICE [2021] NZHC 3000
- Citation
- [2021] NZHC 3000
- Court
- High Court
Duty counsel's failure to inquire into and advise the appellant about immigration status and the availability of a discharge without conviction amounted to counsel error within Richmond's fourth category and produced a miscarriage of justice; the District Court also erred by not considering s11 of the Sentencing Act; because deportation was an inevitable and disproportionate consequence of the low end moderately serious drink driving offence, the conviction was set aside and the appellant discharged without conviction under s106/s107 of the Sentencing Act.