Other Crimes Act and Criminal Cases
Our office routinely deals with a range of Crimes Act cases including fraud, traffic, criminal proceeds, money laundering and appeal cases. We strive to provide discharge without conviction for each of our clients. Some examples include:
Money laundering:
A Chinese/ New Zealand money trader faced charges of money laundering as part of a large methamphetamine importation operation. After resolving the charges, he avoided prison, receiving a sentence of 6 months community detention.
A Chinese national was investigated on assisting with the laundering of millions of dollars of alleged drug money. After providing a statement and negotiating with the Police, no charges were laid.
Fraud:
Client faced 10 charge of using a document to obtain a pecuniary advantage after Housing New Zealand claimed that she had failed to declare the presence of her alleged partner as another occupant in her home. After a three day trial, all charges were dismissed and the client avoided a likely prison sentence.
Traffic:
Client charged with illegal street racing on the Auckland motorway successfully had charge dismissed after a trial in the North Shore District Court, thereby avoiding a criminal conviction and loss of licence.
A bus driver was charged with cutting off a cyclist and causing significant injuries. If the charge was proven, the driver would have lost his licence and job. Following a review of the evidence and extensive negotiations, the charge was dismissed without the need for a trial.
Appeals:
Solicitor General appeal against sentence on charge of manslaughter following a successful resolution of a 5 week murder trial. The Court of Appeal accepted that we had successfully argued that the incident was a case of "excessive self-defence" and the appeal was dismissed. A final sentence of 4 years 10 months prison, with no minimum period of imprisonment, was maintained. R v Fore at al [2021] NZCA 28.
Appeal against pre-trial decision declining severance of a number of charges from alleged index sexual offending. The Court of Appeal agreed that hearing all charges together in one trial would be unfairly prejudicial to the appellant and a number of charges were severed off into a separate trial. D v R [2020] CA 544
Appeal against conviction on a charge of indecent assault granted by the Court of Appeal on the basis of errors made by previous trial counsel, together with "fresh evidence" produced for the appeal. The conviction was quashed and a new trial was ordered. K v R [2020] CA 489
Appeal against sentence on charge of accessory to murder accepted after the Court of Appeal accepted the sentencing Judge had failed to give a sufficient discount for time spent on restrictive bail conditions. Laloni v R [2015] NZCA 55.
Appeal against pre-trial decision that a Police search in drugs case was lawful. Successfully argued in the Court of Appeal that the search went beyond the scope of a Police Officer’s implied licence to search and was therefore illegal. Although evidence obtained through the search was still admitted through other grounds, the case was later resolved in a manner where the offender avoided a prison sentence.
Mitchell v R [2013] NZCA 251.
Money laundering:
A Chinese/ New Zealand money trader faced charges of money laundering as part of a large methamphetamine importation operation. After resolving the charges, he avoided prison, receiving a sentence of 6 months community detention.
A Chinese national was investigated on assisting with the laundering of millions of dollars of alleged drug money. After providing a statement and negotiating with the Police, no charges were laid.
Fraud:
Client faced 10 charge of using a document to obtain a pecuniary advantage after Housing New Zealand claimed that she had failed to declare the presence of her alleged partner as another occupant in her home. After a three day trial, all charges were dismissed and the client avoided a likely prison sentence.
Traffic:
Client charged with illegal street racing on the Auckland motorway successfully had charge dismissed after a trial in the North Shore District Court, thereby avoiding a criminal conviction and loss of licence.
A bus driver was charged with cutting off a cyclist and causing significant injuries. If the charge was proven, the driver would have lost his licence and job. Following a review of the evidence and extensive negotiations, the charge was dismissed without the need for a trial.
Appeals:
Solicitor General appeal against sentence on charge of manslaughter following a successful resolution of a 5 week murder trial. The Court of Appeal accepted that we had successfully argued that the incident was a case of "excessive self-defence" and the appeal was dismissed. A final sentence of 4 years 10 months prison, with no minimum period of imprisonment, was maintained. R v Fore at al [2021] NZCA 28.
Appeal against pre-trial decision declining severance of a number of charges from alleged index sexual offending. The Court of Appeal agreed that hearing all charges together in one trial would be unfairly prejudicial to the appellant and a number of charges were severed off into a separate trial. D v R [2020] CA 544
Appeal against conviction on a charge of indecent assault granted by the Court of Appeal on the basis of errors made by previous trial counsel, together with "fresh evidence" produced for the appeal. The conviction was quashed and a new trial was ordered. K v R [2020] CA 489
Appeal against sentence on charge of accessory to murder accepted after the Court of Appeal accepted the sentencing Judge had failed to give a sufficient discount for time spent on restrictive bail conditions. Laloni v R [2015] NZCA 55.
Appeal against pre-trial decision that a Police search in drugs case was lawful. Successfully argued in the Court of Appeal that the search went beyond the scope of a Police Officer’s implied licence to search and was therefore illegal. Although evidence obtained through the search was still admitted through other grounds, the case was later resolved in a manner where the offender avoided a prison sentence.
Mitchell v R [2013] NZCA 251.
Alex Sawyer - Traffic Charges
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My wife and I were lucky enough to meet Adam during an incredibly stressful time in our lives after I had been charged with fraud. Adam was able to get to the heart of my legal issues quickly and then provide clear advice on my options. He was always available to answer any questions or concerns I had and he was able to successfully argue for a result where I did not receive a criminal conviction on my record. Thank you so much Adam.
YB – fraud charges.
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Alex Sawyer - Traffic Charges
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Hi Adam - Thank you again for your help. This case has been extremely stressful for my family but you have gone beyond leaps and bounds to support us and to avoid a conviction for my father. The whole family is extremely thankful for bringing us back together.
TH – discharge on violence charge.
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