Kiwi rapper’s potential musical career in the United States has helped save him from an assault conviction.

Lamborghini-driving musician Tom Francis (legal name Thomas Macdonald) was discharged without conviction on three charges, one of common assault, one of threatening behaviour and one of a breach of court bail over a stoush where he confronted a man who posted a photo of his orange sports car parked in a disabled space.

Macdonald pleaded guilty following the May 2024 incident.

In the Waitākere District Court yesterday, Macdonald’s lawyer Emma Priest argued the consequences of a conviction would outweigh the gravity of the rapper’s offending.

Auckland-based criminal barrister Emma Priest frequently features on the RNZ podcast The Detail. In these episodes, she leverages her extensive courtroom experience to discuss pressing justice sector issues in New Zealand, such as prison populations and criminal law. [1,2]

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.

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.

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”.

Priest has established herself as one of NZ’s leading criminal lawyers, joining the Power List in 2024, with 20+ years’ experience handling serious violence, sexual offenses, complex drug crimes, actively contributing to legal education and speaking at events.

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.

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.

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.

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.