From Strangulation Charge to Successful Discharge

The Situation:Our client, a resident visa holder and skilled chef, initially faced a strangulation charge that was withdrawn on the trial date. He pleaded guilty to the remaining charge of domestic assault. A conviction would have triggered automatic deportation, separating him from his New Zealand-citizen daughter and wife.

The Critical Risks:

• Automatic deportation liability, with a high risk of permanent removal from New Zealand.

• Loss of permanent residency pathway, trapping him without travel rights for years.

• Family separation from his young daughter and wife.

• Job loss in a competitive industry where background checks are common.

• Deep cultural shame and social isolation within his tight-knit community.

Our Strategy:We filed a detailed s106 discharge application, supported by expert immigration evidence. We demonstrated:

1. Reduced Gravity: The Crown's decision to withdraw the strangulation charge significantly lowered the seriousness of the offending. The remaining assault was an isolated argument during extreme financial stress.

2. Proactive Change: The client completed anger management counselling, restorative justice with his wife, and community work.

3. Severe & Disproportionate Consequences: The immigration consequences were catastrophic and specific—deportation would break up his family and destroy their life in New Zealand.

The Outcome:The discharge was granted. Our client avoided a criminal record, deportation liability, and secured his family’s future in New Zealand. He retained his job, his residency pathway, and his role as a father.