Results

Results for former chambers members

Bail

2016 Bail variation allow Chinese business man to travel to China pending Serious Fraud Office prosecution, Bail pending appeal for Extradition case

2016 Bail for clients where bail was opposed by Police because of serious nature of offences, in Auckland, Palmerston North, Kaikohe and Manukau.

2015 Northland District Court grants bail for man held in custody for 12 months, after police delays in disclosure.

2015 : Wellington District Court grants electronically monitored bail to Odyssey House Rehab in Auckland

2013: Wellington High Court sends bail case back to District Court for reconsideration – bail granted.

2013: Auckland High Court grants bail for client who had been in custody for 12 months.

2013: Bail for man deported from Australia.

2013: District Court bail for Class A and Class B importation.

2013: High Court bail in Class A drugs charge after six months in custody.

2012: Manslaughter charge withdrawn in High Court – client pleads to lessor charge and is bailed – R v V.

2012: High Court allows bail appeal after eight months in custody – R v T.

2011: Bail granted to client on Class A drugs charges after being in custody for 11 months.

2011: Bail granted to client pending appeal to the Court of Appeal (please note that this type of Bail is unusual and requires special circumstances.

2011: Release from custody following High Court Appeal and Manukau disputed bail hearing

2010: High Court overturns District Court decision and grants Bail on serious charges.

2009: Electronic Bail granted for student accused of stabbing Avondale teacher, despite strong opposition by the Police.

2009: Bail granted for Palmerston North man facing serious charges, despite Police opposition to bail.

2007: High Court overturns refusal of bail in the District Court and grants bail to Defendant on serious drugs charges.

Name Suppression

2015: Temporary name suppression granted by Supreme Court and Court of Appeal. To date this year we have had continued successful name suppression for trials in Auckland, Palmerston North and Wellington.

2014: Names Suppression in Palmerston North cases and affirmed in Court of Appeal decision which also overturned convictions

2011: Successful applications for name suppression for high profile clients.

Trials

2016 High Court Dismiss all charges against client in class A drugs case (July)

2016 Successful trial in Rotorua High Court June 2016. Not guilty verdict on 4 historical sexual allegations

2016 Dismissal of manufacturing methamphetamine charge in Auckland case.

2015 Numerous not guilty verdicts or dismissal of charges in driving cases, drug cases, burglary and theft cases.

2014: Not Guilty verdict on importation of half kilogram of cocaine and discharge on manslaughter

2014 : Not Guilty on murder charge in arson case

2014 : Not guilty on all counts of sexual assaults for client who was extradited back to New Zealand

2014 : Not guilty verdict on all sexual allegations for client charge with offence against former partner.

2013 : Not guilty verdict on all charges following 6 week trial in Manukau District Court

2012 : Court of Appeal overturn convictions and order retrial. Retrial conducted and not guilty on all charges

2011 : Not guilty on murder charge in East Auckland stabbing case

2008 : Not guilty on manslaughter charge, co-offenders represented by other lawyers were convicted

2013: Mis-trial granted following prosecution witness disclosing prejudicial information.

2011: Not Guilty on all counts in Rape trial in Auckland.

2008: Lorraine Smith and Michele Wilkinson-Smith successful defend Christopher Kahui with Not Guilty result on charges of murdering his infant twins.

Criminal Appeals

2016: Court of Appeal – Successful appeal overturn convictions on murder

2016: Court of Appeal Successful appeal overturn convictions on sexual violation, client released on bail

2016: Supreme Court allows appeal historical sexual case

2016: Court of Appeal (full bench) allows appeal in rural search/methamphetamine case

2016: High Court overturns methamphetamine supply convictions, excludes evidence was illegal house search.

2015: Court of Appeal granted leave to appeal pre-trial decision, confirm evidence unlawfully obtained 2015: High Court allows appeal for businessman fighting parking infringements outside his office. Read NZ Herald article: http://bit.ly/1IS0JWZ

2014: Court of Appeal allows two sentence appeals and reduces prison term.

2013: (Name Suppressed) v R – Court of appeal quashes four rape convictions and orders retrial.

2013: Court of Appeal overturns conviction in grievous bodily harm case, client to be bailed pending retrial

2013: Court of Appeal overturns pre-trial orders regarding admissibility of evidence.

2013: Court of Appeal restricts party liability for co-offenders – R v Bouavong and Others.

2012: Successful Court of Appeal cases with convictions overturned – R v Ah Soon; R v W; R v R.

2012: Successful Court of Appeal pre-trial appeal on propensity – R v F.

2012: Successful Court of Appeal sentencing appeal – R v P reduction of minimum parole period.

2011: Successful appeal in Court of Appeal and finding of miscarriage of justice in the Supreme Court

2008: Court of Appeal quashes arson conviction.

2007: Successful Court of Appeal decision quashing conviction for Rape, with re-trial ordered.

Parole Hearings

2013: Release of clients subject to Parole Board conditions as a result of Parole Board hearings.

Drug Offences

2016: Court of Appeal (full bench) allows appeal in rural search/methamphetamine case

2016: High Court overturns methamphetamine supply convictions, excludes evidence was illegal house search.

2014: Achieved a Not Guilty verdict for importation of Class A cocaine for Peter Leaitua and also Not Guilty in 2013 for one charge of Manslaughter. Read Wanganui Chronicle article: http://bit.ly/1Um4gVH

2014: Not Guilty on remaining Class B analog case in Manukau Court for client. This was one of three charges, the other two charges were withdrawn by police.

2014: Not Guilty verdicts on all nine counts of synthetic cannabis charges. Read Manawatu Standard article: http://bit.ly/1IwOlP1

2013: District Court bail for Class A and Class B importation.

2013: Exclusion of search warrant evidence in District Court cannabis trial.

2013: District Court excludes evidence in two drug trials, with defendants discharged on all counts.

2013: High Court excludes overseas evidence in Class A drugs case.

2012: Not Guilty verdict on Methamphetamine charge in Auckland High Court.

2012: Methamphetamine supply counts withdrawn in Auckland District Court.

2009: Methamphetamine manufacture related charges dismissed for Auckland man.

2008: Stay of proceedings granted in manufacture of methamphetamine case.

2008: Section 347 discharge in manufacture of methamphetamine charge.

2008: Not Guilty verdict in methamphetamine manufacture charge.

2008: Charges dropped – supply of methamphetamine.

Sexual Offences

2016 Successful trial in Rotorua High Court June 2016. Not guilty verdict on 4 historical sexual allegations

2014: Discharge on all counts for client facing historical sexual allegations

2014: Not Guilty verdicts on all 9 sexual allegations for man extradited from Australia.

2013: (Name Suppressed) v R – Court of appeal quashes four rape convictions and orders retrial.

2013: Discharge on sexual allegation at shopping mall as a result of obtaining expert analyses of security video footage.

2013: Historical sexual allegations against client dropped after seven month investigation.

2011: Not Guilty on all counts in Rape trial in Auckland.

2010: Not guilty verdicts in High Court for two separate historical sex cases (in February and May).

2009: Speedy acquittal of historical sexual abuse charges in Manukau District Court. This case followed a successful appeal to the Court of Appeal where convictions from the first trial were quashed and a re-trial ordered.

2009: Home detention sentence for man pleading guilty to historical sexual charges.

2008: Rape – stay of proceedings granted.

2008: Not Guilty for Rape charge.

2007: Successful Court of Appeal decision quashing conviction for Rape, with re-trial ordered.

2007: Rape and indecent assault – Not Guilty on all charges.

Proceeds of Crime & Laundering

2013: Defended Police applications for restraint and confiscation under the Criminal Proceeds (Recovery) Act.

Discharge without Conviction

2015: Discharge without conviction for a number of clients including assault and death of the victim.

2015: Four clients so far this year have had all charges withdrawn or dismissed in Auckland District Courts.

2013: Discharge on violence and sexual charges for client held in custody for 18 months and then released on bail.

2012: Section 106 discharge without conviction in case in Waitakere District Court.

2011: Discharge without conviction on medical, business and family grounds.

Discharge prior to Jury Verdict

2012: Section 347 discharge of 3 charges in Auckland District Court.

2008: Manufacture of methamphetamine – Section 346 discharge.

Murder & Manslaughter

2016: Successful appeal on murder conviction

2015: Discharge without conviction for a client which involved the death of the victim.

2015: Appointed as Amicus Curiae (Friend of the High Court) in the Blessie Gotingco Murder trial.

2014: Not Guilty verdict for client on Murder trial at High Court.

2013: Mr Peter Leaitua was charged in relation to the death of Columbian woman Ms Sorlinda Vega in 2011. In 2013 the High Court dismissed one charge of manslaughter.

2013: Discharge on homicide charge (details suppressed).

2012: Manslaughter charge withdrawn in High Court – client pleads to lessor charge and is bailed – R v V.

2010: High Court jury acquits on Murder charge and convicts on lessor charge (with Lorraine Smith, with Michele Wilkinson-Smith second counsel).

2009: Minimum non parole period set 6 months below the minimum period sought by Crown (Police) lawyers in murder sentencing.

2009: Acquittal on Murder and Attempted Murder charges and convicted instead on Manslaughter(with Lorraine Smith, with Michele Wilkinson-Smith second counsel).

2008: Lorraine Smith and Michele Wilkinson-Smith successful defend Christopher Kahui with Not Guilty result on charges of murdering his infant twins.

2007: Manslaughter and Robbery – Not Guilty on both charges.

Diversion

We have represented over 20 clients who have successfully completed diversion and avoided a criminal record.

Driving Offences

2015: High Court allows appeal for businessman fighting parking infringements outside his office. Read NZ Herald article: http://bit.ly/1IS0JWZ

2008: Not Guilty and charges withdrawn in two Drink Drive cases.

Violence & Assault

2013: Wounding charges dropped.

2013: Dismissal of charges on threatening to cause Grievous Bodily Harm.

2012: Not Guilty verdict and client released after seven week wounding trial – R v F.

2011: Not Guilty verdict on wounding count in Wellington High Court.

2011: Historical kidnapping and assault charges result in sentence of home detention following negotiated pleas in the Palmerston North Court.

2009: Domestic Violence and Threat to Kill charges dismissed in Auckland District Court.

2007: Not Guilty on all charge of Grievous Bodily Harm, wounding and assault.

Theft and Fraud

2008: Internet Fraud –discharge on all counts

2008: Theft and receiving – Not Guilty on all charges.