Ministry of Social Development v Melissa Packer [2016] NZDC 4807

Published 18 August 2016

Application to vacate guilty pleas — Criminal Procedure Act 2011, s 115 — R v Merrilees [2009] NZCA 59 — wilful omission — dishonestly taking or using document — Social Security Act 1964, s 127 — Crimes Act, s 228. The applicant sought to vacate guilty pleas entered on nine charges. The Judge referred to case law to the extent that such an application should only be granted in exceptional circumstances where a miscarriage of justice would otherwise result (R v Merrilees). The threshold was high where competent legal advice had been given, and on the facts that threshold was not met. Application dismissed.