Search Results

1. CM-Position-Profile-July-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...

2. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...or incompetence in her professional capacity of such a degree as to bring the profession into disrepute. [3] The practitioner accepted that she had been negligent or incompetent to such a degree as to bring the profession into disrepute and pleaded guilty to that charge. The Standards Committee accepted that plea and did not pursue the other charges. A Statement of Facts, agreed by the practitioner, was filed by the Standards Committee. [4] The Tribunal accepted that thi...

3. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...documentation such as poorly drafted documents that did not fully canvass all live issues. In one case, the auditor noted these exceptions in quality pushed the lawyer closer to gaining a poor rating rather than an acceptable one. In other cases advice on pleas were not recorded, or why trial by Jury was elected. Poor and very poor results Often little if any documentation was on file that showed how matters had been progressed. The quality of advice could often not be assessed, becau...

4. Justice Sector seriousness score (2016 update): FAQs [pdf, 585 KB]

   ...effect on sentence severity” (MacKinnell et al., 2010). Sentences imposed take into account many factors other than seriousness of offending (mitigating and aggravating factors). Under the Sentencing Act 2002, mitigating factors may include the plea (whether and when they pleaded guilty), age, and remorse shown. Aggravating factors may include previous criminal history, premeditation, and whether the victim was a constable or prison officer. Note that several of these considerations rel...

5. People charged and convicted of harmful digital communications offences December 2018 [xlsx, 629 KB]

   ...2018 Table 2: Number and percentage of people charged with Harmful Digital Communications Act offences, by court and charge outcome, 2015 - 2018 Table 3: Number and percentage of people charged with Harmful Digital Communications Act offences, by plea type, 2015 - 2018 Table 4: Number and percentage of people convicted of Harmful Digital Communications Act offences, by court and most serious sentence, 2015 - 2018 Table 5: Number and percentage of people convicted of Harmful Digital Com...

6. People charged and convicted of harmful digital communications offences December 2017 [xlsx, 783 KB]

   ...Communications Act offences, by gender, 2015 - 2017 Table 6: Number of people convicted of Harmful Digital Communications Act offences, by ethnicity, 2015 - 2017 Table 7: Number of people charged with Harmful Digital Communications Act offences, by plea type, 2015 - 2017 Definitions and data notes Notes - Justice service areas If this information does not answer your query you may wish to request specific information via an Official Information Act request. Information on this proce...

7. 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...

8. Charging documents

   ...similar circumstances and the offences are committed over a period of time, and the nature and circumstances of the offences make it unreasonable for the complainant to particularise dates or other details of the offences or it is likely that the same plea would be entered by the defendant to all offences if charged separately, and it would be unduly difficult for the Court to manage the charges separately due to the number of offences. Representative charges must include particulars of the...

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9. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

   ...significant, if not excessive. 1 Wellington Free Ambulance Service Inc v Austing [2015] NZEmpC 164. [2] In his submissions, Mr McBride, counsel for the plaintiff, appropriately referred to the plea made by the Court of Appeal in 2001 for counsel practising in the employment field to “reflect on the consequences of conducting litigation without proper focus on the issues and without tight control on the escalation of costs....

10. E v B & C LCRO 30 / 2009 (19 May 2009) [pdf, 16 KB]

    ...committing an offence 7 July 2006 as recorded in the information. The Police later prepared a summary of facts which referred to the offence having occurred on 7 June 2006. At the trial Complainant E was informed by the Judge that where a not guilty plea was entered the summary of facts was not provided to the court. Complainant E, who had cross-examined the police sergeant, claimed that the sergeant gave sworn evidence was that the offence had occurred on 7 June. Complainant E...