New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Deportation as consequence of conviction

Legal area

Court

16 Nov 2022

R v BOLEA [2022] NZHC 2998

Citation

[2022] NZHC 2998
Court

High Court

The application for discharge without conviction was declined because the consequences of conviction (including potential deportation and employment effects) were not out of all proportion to offending assessed as moderate to low gravity; sentencing started at 18 months' imprisonment reduced by structured personal credits to an effective 8 months, then commuted to 4 months' home detention to satisfy sentencing purposes while using a less restrictive outcome where appropriate.
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.