New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Guilty plea and miscarriage of justice

  • 24 Aug 2021

    KUMAR v POLICE [2021] NZHC 2186

    Citation
    [2021] NZHC 2186
    Court
    High Court

    Leave to appeal out of time was granted and the appeal allowed; on de novo consideration the court found the offending was relatively low end, the direct and indirect consequences of conviction (substantial financial loss from franchise termination and serious personal harm) were out of all proportion to the gravity of the offending under s107, and therefore the discretion under s106 should be exercised to discharge the appellant without conviction, subject to completion of the Living Without Violence programme.

    • Discharge without conviction
    • Sentencing act 2002 s106
    • Proportionality test s107
    • Leave to appeal out of time
    • Guilty plea and miscarriage of justice

  • 24 Aug 2018

    TAITAPANUI v R [2018] NZCA 300

    Citation
    [2018] NZCA 300
    Court
    Court of Appeal

    Leave to file out of time granted; conviction appeal dismissed because counsel's failure to advise about mandatory registration, while unfortunate, did not produce the rare exceptional circumstances or establish a miscarriage of justice given the appellant's appreciation of the charge, strength of the Crown case, other reasons for pleading guilty and lack of evidential detail tying Oranga Tamariki actions uniquely to registration; sentence appeal dismissed because imprisonment was a lawful and appropriate outcome in all the circumstances (prior record, recall, nature of offending), sentence e…

    • Guilty plea and miscarriage of justice
    • Ineffective assistance of counsel
    • Child sex offender register
    • Mandatory vs discretionary registration
    • Sentencing principles
    • Time served credit

  • 9 Feb 2016

    Turoa v New Zealand Police [2016] NZHC 104

    Citation
    [2016] NZHC 104
    Court
    High Court

    On the admitted facts the appellant's conduct (holding a mirror between his legs to view another's genital area in a public library for two hours) met the elements of an indecent act under s125; there was no evidence the judge or counsel applied impermissible pressure or provided misleading legal direction that caused the plea, and no miscarriage of justice was shown; appeal dismissed.

    • Indecent act (s125 crimes act 1961)
    • Guilty plea and miscarriage of justice
    • Extension of time to appeal
    • Judicial/comment evidence at case review