New Zealand Case Law: Decisions & Judgments

Topic

Guilty plea

Legal area

Court

12 Dec 2023

WEDGWOOD v R [2023] NZCA 638

Citation

[2023] NZCA 638
Court

Court of Appeal

The Court concluded the record showed reasonable accommodations were made and that appellant, with counsel, had the opportunity to consider and enter guilty pleas knowingly and voluntarily; there was no persuasive evidence his medical conditions or custody treatment prevented him understanding or intending his pleas or that the convictions were unjust, so no miscarriage of justice arose and the appeal was dismissed.
6 Nov 2023

AYDON v NEW ZEALAND POLICE [2023] NZHC 3122

Citation

[2023] NZHC 3122
Court

High Court

The District Court erred by adopting an excessive starting point (4 years) and by giving no allowance for the appellant's traumatic childhood; a starting point of 3.5 years with a modest 5% credit for background (in addition to 10% for good character and 25% for the guilty plea) was appropriate; appeal allowed and sentence reduced to two years and one month's imprisonment.
13 Oct 2023

WATTS v R [2023] NZHC 2704

Citation

[2023] NZHC 2704
Court

High Court

Leave to appeal out of time is refused because the appellant failed to establish exceptional circumstances or a real risk of miscarriage of justice; her claims are bald, unsupported by evidence, inconsistent with the record, and she has not waived privilege to adduce legal advice, therefore convictions entered after guilty pleas stand.
4 Oct 2023

GOODWIN v R [2023] NZHC 2771

Citation

[2023] NZHC 2771
Court

High Court

The judge lawfully exercised sentencing discretion by assessing and applying discounts for youth, rehabilitation and cultural/addiction factors in the aggregate; discounts for youth typically fall between 10–30% and may overlap with rehabilitation discounts, and a 25% overall discount for those factors was within the available range given the seriousness and aggravating features of the offending, so the sentence was not manifestly excessive.
31 Aug 2023

KAINE VAN HEMERT v R [2023] NZSC 116

Citation

[2023] NZSC 116
Court

Supreme Court

The Supreme Court held that s 102 requires an overall weighing of the circumstances of the offence and the offender and that the Court of Appeal erred in treating the elements as conjunctive vetoes; however, on the facts the combination of factors—serious brutality and victim vulnerability, significant public safety concerns, and the appellant's limited remorse and social supports—meant it was not manifestly unjust to impose life imprisonment; the minimum period of imprisonment imposed on re-sentencing (11.5 years) was excessive and was quashed and substituted with the statutory minimum of 10…
27 Jul 2023

R v PUATA-CHANEY [2023] NZHC 1980

Citation

[2023] NZHC 1980
Court

High Court

Adopt a 23-year starting point for MPI for the double murders given close-range, callous shootings, forced entry and firearm use; apply a 6-month uplift for offending while on bail and prior convictions; deny uplift for subsumption of prior determinate sentence; apply a 6-month discount for background factors tied to lifelong exposure to violence, a 6-month discount for remorse, and a 2-year discount for an early guilty plea, resulting in a minimum period of imprisonment of 20.5 years and life imprisonment overall.
17 Jul 2023

SINGH v POLICE [2023] NZHC 1838

Citation

[2023] NZHC 1838
Court

High Court

The appeal is dismissed: counsel's advice was not shown to be erroneous or causative of an uninformed plea; appellant's English competence and his sworn affidavit demonstrate he understood and accepted the facts and consequences; failure to advise about a sentence indication alone did not create a miscarriage of justice in the circumstances; appellant's case did not meet the high threshold required to overturn a guilty plea.
11 Jul 2023

O’ROURKE v NEW ZEALAND POLICE [2023] NZHC 1805

Citation

[2023] NZHC 1805
Court

High Court

Appeal allowed and conviction quashed because the guilty plea was entered without appreciation of the effect of s 52A(3) and the Summary of Facts did not establish beyond reasonable doubt the factual basis (speed/location) required for mandatory disqualification, constituting a miscarriage of justice under s 232(2).
10 Jul 2023

CHERRINGTON-WILLIAMS v POLICE [2023] NZHC 1795

Citation

[2023] NZHC 1795
Court

High Court

On the balance of probabilities the judge found the appellant did instruct the duty solicitor to plead guilty, the duty solicitor acted in accordance with his normal careful practice and would not have entered a guilty plea without clear instructions, there was no miscarriage of justice, and the unexplained delay in seeking leave meant leave was not granted.
26 Apr 2023

SURMAN v NEW ZEALAND POLICE [2023] NZHC 933

Citation

[2023] NZHC 933
Court

High Court

The Court concluded the appellant did not demonstrate that threats by her partner so compromised her free will as to vitiate the guilty plea: she received consistent legal advice, had repeated opportunities to alter or vacate the plea, repeatedly accepted possession in earlier statements, and her later account conflicted with contemporaneous evidence; therefore no miscarriage of justice arose and the conviction stands.