New Zealand Case Law: Decisions & Judgments

Topic

Vacating plea

Legal area

Court

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.
3 Oct 2022

HERLUND v R [2022] NZCA 464

Citation

[2022] NZCA 464
Court

Court of Appeal

Leave to withdraw the abandonment and to extend time was granted because the abandonment stemmed from a fundamental misunderstanding and lack of legal advice; however the appeal against conviction was dismissed because the guilty pleas were informed and voluntary, defence counsel did not pressure the appellant or provide inadequate advice that caused a miscarriage of justice, and the judge's two-month uplift did not adversely affect the appellant given the end sentence was lower than the indication and no unfairness resulted.
30 Jul 2021

DASS v R [2021] NZCA 356

Citation

[2021] NZCA 356
Court

Court of Appeal

Counsel provided competent, comprehensive advice that defences existed but were unlikely to succeed in light of the evidence (including the recording and complainant's credible testimony); the appellant entered informed guilty pleas to obtain known benefits and has not shown counsel's advice was deficient or that a miscarriage of justice would result, therefore the convictions stand and the appeal is dismissed.
16 Oct 2019

NISBET v R [2019] NZCA 500

Citation

[2019] NZCA 500
Court

Court of Appeal

The application for an extension of time to appeal was declined because the applicant's guilty plea was made voluntarily with competent legal advice, there was no substantiated coercion or prejudicial judicial conduct connecting to a miscarriage of justice, and the grounds advanced are insufficiently strong to justify vacating the plea or granting an extension.
31 May 2019

SIDDIQUI v R [2019] NZCA 196

Citation

[2019] NZCA 196
Court

Court of Appeal

The Court refused the adjournment and dismissed the appeal because the guilty pleas were entered voluntarily and with understanding; the appellant initiated plea negotiations, had competent representation, and could not identify any tenable defence given his use of forged documents, so no miscarriage of justice arose from declining to vacate the pleas.
23 Sept 2016

NUKU v R [2016] NZHC 2255

Citation

[2016] NZHC 2255
Court

High Court

Appeal dismissed because the only error identified was an arithmetical mistake in the sentence indication (not the sentence imposed), the imposed sentence was within the available range, the appellant declined the statutory opportunity to vacate his plea, and there was no causal link or prejudice arising from the discrepancy warranting substitution of a different sentence.
26 May 2016

SCOLES-YOUNG v NEW ZEALAND POLICE [2016] NZHC 1120

Citation

[2016] NZHC 1120
Court

High Court

The sentencing Judge did not err: the imposed sentence was within the previously indicated range, the newly presented material about prior similar and serious biting offending legitimately precluded home detention, and because the appellant did not seek to vacate his plea the proper inquiry was whether the sentence imposed was correct — it was, therefore the appeal was dismissed.
13 Jun 2007

F V R SC 18/2007

Citation

SC 18/2007
Court

Supreme Court

The application for leave to appeal was dismissed because the Court of Appeal correctly found the guilty pleas were voluntary, there was no proper basis to vacate them given the fulsome confession and resulting sentence discount, and the case did not raise a matter of general or public importance nor present an appearance of miscarriage of justice.