Search Results

1. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...principles. Rather the scheme provides for the following mandatory sentences, subject to a manifest injustice exception :11 13.3.1 The maximum term of imprisonment provided for the offence, if the offence is not manslaughter and there is no guilty plea. 13.3.2 At least 80% of the maximum term of imprisonment for the offence, if the offence is not manslaughter and the offender pleads guilty. 13.3.3 For manslaughter, a term of imprisonment of at least 10 years where there is no guilty...

2. AK v ZP LCRO 104 / 2010 (10 February 2011) [pdf, 60 KB]

   ...parties in this decision have been changed. DECISION Background [1] The Respondent was assigned by the Legal Services Agency to represent the Applicant in respect of criminal charges. [2] At the time of his appointment, the Applicant had pleaded guilty to the charges and been offered diversion. [3] However, the Applicant declined to accept that he had committed the offences and accordingly the Respondent prepared an application to vacate the guilty plea. [4] The complaint...

3. CM-Position-Profile-2022-and-2023 [docx, 31 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

4. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...pecuniary advantage, being benefits. [12] On 5 August 2015, the Ministry wrote to Mr Presland, XXXX’s lawyer, responding to a letter from XXXX on 17 April 2015. [13] On 25 May 2016, XXXX was sentenced in the Papakura District Court after pleading guilty to seven charges under the Crimes Act 1961. In the sentencing notes, Judge Hikaka recorded that XXXX provided 15 forms with false information and received $87,741.52 of benefits to which she was not entitled in the period 20...

5. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...Counsel for the Committee: E Mok The Defendants: Self-represented DECISION (ON CHARGES AND PENALTY) Dated 28 April 2023 2 INTRODUCTION [1] The defendant licensees, Matthew Michael O’Brien and Amy Joan Wildman, have pleaded guilty to charges of misconduct under ss 73(b) and/or (c) of the Real Estate Agents Act 2008 (the Act). The Tribunal will now determine the penalty. BACKGROUND [2] At the material time, Mr O’Brien was a licensed salesperson u...

6. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...Further, Mr [UQ] alleges Mr [DY] only met him twice before trial, on both occasions for approximately 5 to 10 minutes and that Mr [DY] had not taken a brief from him. After the voir dire Mr [UQ] alleges that Mr [DY] said he had no choice except to plead guilty, and Mr [UQ] accepted that advice and pleaded guilty to one charge. In short Mr [UQ] alleges that Mr [DY]’s representation in this matter, taking into account that it was set down for jury trial, was not to the standard require...

7. CM-Position-Profile-2021.docx [docx, 31 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

8. 24 November 2014 Legal Aid News [pdf, 373 KB]

   ...investigation into restorative justice where certain criteria are met. In particular, cases must be adjourned if all the following criteria are met:  An offender appears before a District Court at any time before sentencing;  The offender has pleaded guilty to the offence;  There are one or more victims of the offence;  No restorative justice process has previously occurred in relation to the offending; and  The registrar has informed the court that an appropriate r...

9. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...approach and evidence provided confirmation of their insight into the inadequacy of their approach. [31] In response to the Committee’s submission that a more severe penalty might be imposed because the defendants had not entered early guilty pleas to the charges, Mr Darroch submitted that their approach was based on their opposition to the allegations that their conduct was disgraceful (Mr Kemp) or a wilful or reckless breach of the Rules (Ms Scoble). He submitted that their app...

10. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

    ...____________________________________________________________________ FINDING OF MISCONDUCT AND PENALTY ____________________________________________________________________ Introduction [1] On 26 June 2018 Mr Cartwright (through his counsel) entered a plea of guilty to a charge of misconduct laid by Complaints Assessment Committee 409 (“the Committee”), under s 73(b) of the Real Estate Agents Act 2008 (“the Act”).1 The Tribunal has been provided with an agreed...