New Zealand Police v Bray [2017] NZDC 28022

Published 10 August 2018

Application to vacate guilty plea — lack of legal representation — possible defence — Criminal Procedure Act 2011, s 115. The defendant sought to withdraw guilty pleas that she had entered before receiving legal advice as no legal aid lawyer had been assigned for her. The court found that the defendant did not have counsel assigned to her and did not have the benefit of full legal advice. The court noted that the defendant did not have any previous convictions and was appearing for the first time at "a comparatively young age". As the defendant did not have the advantage of full legal advice and did have an arguable defence, the court found that the necessary grounds had been established to withdraw the guilty pleas. Judgment Date: 8 December 2017.