Auckland Prison inmate Sean Browne gets extra year for prison stabbing

Auckland Prison inmate Sean Browne gets extra year for prison stabbing

A recidivist prison stabber has been ordered to spend an additional year behind bars following his most recent attack spree, which left a Corrections officer and a fellow prisoner needing medical attention.

This weekend marks eight years since Sean Daniel Browne, then 18, was handed his first substantial prison sentence of five years’ imprisonment for a series of burglaries.

He’s remained in prison ever since.

In recent years, the now-26-year-old’s criminal record has got markedly more serious due to his behaviour in prison, Judge Paul Murray noted this week as Browne appeared in the North Shore District Court for his latest sentencing.

“He experiences ongoing pain,” the judge said of the Corrections officer who was “donkey kicked” in the knee by Browne in January last year.

A criminal barrister's top hits for 2025

A criminal barrister's top hits for 2025

SUPREME COURT SUCCESS

Bravo to Katie Hogan KC and Tracey Hu for Iongi v R [2025] NZSC 191.

This important Supreme Court decision quashed a conviction for manslaughter and addressed the application of s 66(2) to parties’ liability to manslaughter.

BEST DECISION EXEMPLAR

PAR v SJF [2025] NZLR 2148

This oral judgment by Justice Andrew Becroft was applauded as a masterclass on how to engage with young people in the courts. The decision was written as a letter to the young person impacted by a custody decision.

I would love to see this style adopted in the Youth and District Courts, particularly for sentencing or in judge-alone decisions where defendants have been found to have committed crimes.

True-crime writer Steve Braunias reveals why he finds courtrooms – and high-profile murder trials – so fascinating

 True-crime writer Steve Braunias reveals why he finds courtrooms – and high-profile murder trials – so fascinating

Polkinghorne: Inside the Trial of the Century made the bestseller lists and prominent criminal defence barrister Emma Priest recently provided a glowing assessment, saying: “Steve Braunias’ book surely takes out best criminal law read of the year”.

West Auckland’s recidivist meth cook, Simon McCaulay, loses appeal over gun ban

West Auckland’s recidivist meth cook, Simon McCaulay, loses appeal over gun ban

Defence lawyer Emma Priest argued against the order, emphasising the “significant inroads into various rights and freedoms” it would erode for her client, according to court documents. She noted her client has said the gun, dating back to the 1950s, was used for pig hunting.

But Judge Bonnar was not persuaded.

“The Courts have repeatedly said that the combination of unlawful possession of firearms or ammunition in connection with drug offending gives rise to serious concerns as to public safety,” he replied.

A restricted semi-automatic weapon was found in the wardrobe of Simon McCaulay's bedroom. Photo / NZ Police

Priest re-emphasised her argument during a recent appeal hearing before Justice Pheroze Jagose, suggesting that the imposition of the gun order had been manifestly excessive.

She took issue with the assertion that the latest sentencing represented a fourth time in which guns and drugs offending was combined. The offending was distinct, and so the risk to public safety should have been assessed as lower, she argued.

But the High Court judge also was not convinced.

“The safety of anyone coming onto the property is put at risk by reason of that combination, which illustrates the availability to Mr McCaulay of a dangerous response to any threat to his unlawful operation on the property...” Justice Jagose said.

He dismissed the appeal, noting that there is no right to bear arms in New Zealand.

Rapist followed woman’s Uber home from town because he was worried the driver was ‘dodgy’

Rapist followed woman’s Uber home from town because he was worried the driver was ‘dodgy’

A man who stalked, kidnapped and then raped a drunk woman he had never met says he followed her Uber home from town because he was worried for her safety.

Wiria Mohamadi came across the woman on a night out in town and observed her in an extremely drunk state outside a Christchurch bar in July 2023. He watched her get into an Uber, followed it to her home, abducted her and raped her before claiming she was consenting.

The 40-year-old was sentenced to 11 years and six months imprisonment by Judge Michael Crosbie at the Christchurch District Court on Tuesday. A jury had earlier found him guilty on charges of sexual violation by rape, unlawful sexual connection and abduction for sex. He pleaded guilty to a charge of attempting to pervert the course of justice by providing fraudulent medical certificates to the court to alter his curfew while he was on bail.

Member of wealthy family convicted over child abuse images granted sentence reduction for donation, experts weigh in

Member of wealthy family convicted over child abuse images granted sentence reduction for donation, experts weigh in

If a wealthy sex offender donates a large amount of money to charity, should they be eligible for a reduced prison sentence?

A top King’s Counsel says it’s not unusual for a court to award a sentence discount for reparation or compensation.

Does that put a rich criminal in a better position at sentencing than someone with less money?

“Yes, and that’s just life. That is just the way it is,” Marie Dyhrberg, KC, told the Herald.

“It’s unfortunate that not everyone has the same advantages, but you cannot penalise someone when the law says you can get a discount if you can do A,B, C or D,” said Dyhrberg, who specialises in criminal defence law.

Dyhrberg’s comments come after a man from a wealthy family convicted of having “extreme” child abuse material received a 3% sentence discount for a $50,400 charity donation.

A discount is a reduction to the sentence that a judge would otherwise impose for factors that include remorse, a guilty plea, or previous good character.

Auckland teacher Myah Adams loses suppression bid, gets home detention, after student sex acts conviction

Auckland teacher Myah Adams loses suppression bid, gets home detention, after student sex acts conviction

A former Auckland teacher who was ordered to serve a term of imprisonment after admitting to performing sex acts on a 15-year-old student has had her sentence reduced to home detention on appeal.

But the same High Court justice said permanent suppression would be a step too far for Myah Leanie Adams, who can now be identified for the first time.

“The public interest in knowing the identity of the teacher who committed the offending considerably outweighs the impacts of publication on Ms Adams,” Justice Gerard van Bohemen wrote in a newly released 28-page decision.

Karla Cardno's killer Paul Joseph Dally again denied parole

Karla Cardno's killer Paul Joseph Dally again denied parole

Paul Joseph Dally has been at the self-care unit at Auckland South Corrections Facility, with a minimum security classification Photo: RNZ / Sam Olley

In a decision released on Thursday, the parole board remained concerned about the level of support available to Dally while he reintegrated, but work was underway to prepare him for that.

He was sentenced to life imprisonment on 8 March 1990, and for the past year had been held in a self-care unit at Auckland South Corrections Facility, with a minimum security classification.

When he appeared before the parole board in June 2024, it heard about his efforts to prepare for an eventual release - but on that date, he did not seek parole

By now aged in his mid 60s, he was told to expect a very different world than the one he had known - one where people used cards rather than cash, and bought their food from modern supermarkets.

His lawyer, Emma Priest, submitted in April that, while her client was not seeking parole, he was "almost ready," although he remained dependent on support from his case manager to prepare for reintegration.

Man has conviction quashed after ‘unlawful’ photo taken by police officer

Man has conviction quashed after ‘unlawful’ photo taken by police officer

A man sent to prison after an “unlawful” photo was taken by a police officer, linking him to a robbery, has had the charge thrown out after a long fight and can now walk free.

Mahia Tamiefuna was convicted and sentenced to a term of imprisonment in 2021 after being charged in relation to an aggravated robbery in 2019.

Tamiefuna then appealed that conviction all the way up to the Supreme Court, who ruled the police photograph was unlawful and in breach of his rights, meaning the evidence had to be excluded.

The Supreme Court quashed the conviction and ordered a retrial.

On Wednesday, prosecutor Henry Steele told Justice Timothy Brewer the Crown would not be seeking a retrial as there was insufficient evidence to proceed.

Justice Brewer acquitted Tamiefuna allowing him to leave the dock.