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...Schedule A (excl. GST) Schedule B (excl. GST) Schedule C (excl. GST) Base Fees Disposed prior to defended hearing Disposed prior to defended hearing – CMM Courts (CMM + guilty plea/sentencing) Disposed at defended hearing (including 1.5hrs hearing time) Disposed at defended hearing – CMM Courts (CMM) Disposed at defended hearing – CMM Cou...
...factors they would take into account in increasing or decreasing the amount of the fine, or in their decision to give an alternative sentence. They were provided with a list of factors that included previous convictions, age, whether the offender had pleaded not guilty and the offender’s employment status and income. A prior criminal history, if unrelated to the offence, made little difference to the amount of fine imposed by the Judge. However, the situation was very different where the o...
...secondhand business which is located in Avondale and is called Rob’s Trading Post. [4] The Police advise that Mr Burgess was sentenced to a term of three years and six months imprisonment on 21 March 2014 at the Auckland District Court following a plea of Guilty, and they have provided the Authority with a printout of the relevant conviction details. Statutory provisions [5] Section 16(1)(a) of the Act provides that the Authority must cancel a licence held by an individual if the...
...of Appeal Supreme Court Court location Description of proceedings Administration Case Review Case management memorandum Committal Pre-trial applications Judge Alone/Defended Hearing Jury trial Sentencing Guilty Plea Bail (unopposed) Bail (opposed) Bail (electronic) Appeal – sentence/conviction Other (specify) Details of claim Provider approval level 1 2 3 4 Covers period from: to : Final i...
...Mortimer-Wang for the Standards Committee No appearance for the Respondent Practitioner (excused) 2 REASONS OF THE TRIBUNAL FOR ORDER STRIKING THE PRACTITIONER FROM THE ROLL Nature of charge [1] Mr Hill has pleaded guilty to a charge laid under s 241(d) of the Lawyers and Conveyancers Act 2006 (LCA), namely that “he has been convicted of an offence punishable by imprisonment and the conviction reflects on his fitness to practise, or tends to b...
...attempted to deceive it, and gave false evidence under oath. [12] Mr OB concludes:5 Mr UH was found to be a dishonest person. He was not prepared to accept that he had been dishonest in his professional responsibilities and the question of guilty pleas was never raised. [13] Mr OB says he followed Mr UH’s instructions when making submissions on penalty, and concentrated on Mr UH’s poor financial circumstances. This was supported by appropriate High Court authority. He submit...
...this suggests that it continued to be opposed by the Police. (c) Either at that appearance or subsequently (and certainly within one month of the initial appearance given the routine case management processes for criminal prosecutions) not guilty pleas were entered, with an election of a judge alone hearing (after discussion about the possibility of electing trial by jury). (d) Receiving initial disclosure and later making a request of the Police for additional disclosure. (e) Repor...
...fitness to practise in relation to any subsequent penalty hearing. Issue [11] Thus, the issue for this Tribunal to determine was whether the Standards Committee had established, on the balance of probabilities, the existence of the conviction pleaded. [12] We found that it had, and, subsequently after further submissions, determined the disciplinary charge itself to have been proven. [13] We reserved our reasons which are now stated: Evidence in Support of a Conviction [14]...
...The offender also had a long history of previous similar offending. 21. The District Court considered that s8(d) was relevant and used a starting point of 9 years (10 years was the maximum available), but reduced that by 18 months to recognise the pleas of guilty. The Court of Appeal, however, considered that while the starting point could have been higher, not enough credit was given for the guilty pleas. They consequently reduced the sentence to 6 years 9 months with a minimum period of 4...
...HEARING at Auckland on 26 July 2013 APPEARANCES Mr M Hodge, for the Standards Committee Ms T Sega, Respondent 2 RECORD OF ORAL DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [1] Ms Toe Sega has pleaded guilty to one charge that, in the course of her employment by a practitioner, she “...engaged in conduct that would if it were conduct of a practitioner render the practitioner liable to have his or her name struck off the role...