​I am a barrister based in Auckland who practices as a criminal defence lawyer. My practice involves representing people facing criminal, drinking driving and traffic charges. If you or a loved one is facing an alleged breach of the law, it is important that competent legal advice is quickly obtained.

Contact me to arrange an appointment. At the initial appointment I will explain the various options available to you and we can discuss the best way to move forward. 
​
-Daniel Schellenberg LL.B.

March 2019
Burglary, threatening to kill and assault with intent to injure charges. Jury trial. Client charged with unlawfully entering his ex-partner's house with the intention of assaulting her. The allegation was that he threw her on the ground then restricted her breathing by covering her mouth and nose and holding her neck. Whilst doing this it was alleged he threatened to kill her. Then used her own hand to hit herself, punched her multiple times in the face then kneed her in the ribs. My client strongly denied all of the allegations. The defence advanced was that the complainant had fabricated the allegations against him out of anger. My client gave evidence in his defence. The jury found my client not guilty of all charges. Acquitted.

February 2019
Cannabis charges. Client originally wrongly charged with possession of cannabis for supply. He also faced possession of a pipe for consuming cannabis. Client is a medicinal cannabis user and film director. Negotiation with Crown prosecutor to have possession for supply  charge downgraded to simple possession. Guilty pleas to possession of cannabis and pipe. Discharged without conviction on both charges.

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12204296

January 2019
Aggravated assault and dishonesty charges. Client faced 11 charges and had a lengthy criminal conviction history with numerous sentences of imprisonment. Client had a serious problem with methamphetamine and other drugs. Successful admission into the Alcohol and Other Drug Treatment Court (AODTC) where residential rehabilitation was imposed instead of imprisonment.

December 2018
Wilful damage charge. Professional client attended his work Christmas party and consumed an excessive amount of alcohol. Afterwards he saw a parked police car and decided to jump on the roof and kick it. He then lay on the bonnet kicking the windscreen. Diversion initially declined. I successfully sought reconsideration of that decision. After completing various tasks diversion was granted. Charge dismissed. 

November 2018
Robbery charge. Client charged with committing a robbery at a McDonalds drive through by threatening to shoot staff members if they did not give him free food.  I negotiated to have the charge downgraded to demanding with menace. Client pleaded guilty. Sentenced to 12 months intensive supervision and ordered to pay reparation for the stolen food.

​https://www.stuff.co.nz/national/crime/97801463/mcdonalds-customer-arrested-for-threatening-to-kill-drivethrough-worker

October 2018
Careless driving charge. Client fell asleep at the wheel and crashed into a fence. He was convicted in his absence and in the absence of his prior lawyer. Client risked loosing his employment if conviction remained. I filed a rehearing application and sought a discharge without conviction. Rehearing granted. Subsequently discharged without conviction.

​September 2018
Burglary charge. Client charged with unlawfully entering his neighbour's house in the early hours of the morning with the intention of committing an indecent act on a 14 year old girl. My client categorically denied the allegation. The matter proceeded to jury trial where the complainant and her older sisters credible was challenged. My client gave evidence in his defence. The jury found my client not guilty. Acquitted.

August 2018
Obtaining by deception x2 charges. Client charged with purchasing items from Trademe with a stolen credit card. Client denied the offending. She told the police it wasn't here and named the person who had used her computer and Trademe account. The police did not believe her. She pleaded not guilty and proceeded to jury trial. On the day of the trial the Crown prosecutor offered no evidence. Charges dismissed.

July 2018
Accessing a computer for a dishonest purpose x12 and dishonestly using a document x12. Client charged with stealing $85,000 from her employer by creating fake supplier invoices with her bank account on them. She then processed the fake invoices through the company payroll system. I negotiated with the Crown prosecutor to have the charges reduced to two representative charges instead of 24 charges. My client pleaded guilty, paid $20,000 in reparation and offered to pay the rest off in installments which was ordered. She was sentenced to six months home detention.

June 2018
Wounding with intent injure charge. Client charged with starting a fight on Queen Street, Central Auckland with another male. Punches were thrown and the scuffle ceased. The verbal argument continued. My client approached the other man who was standing passively with his hands at his side and punched him with considerable force. He fell to the ground and hit his head on the concrete and briefly lost consciousness. He suffered bruising to the back of his head, a facial laceration requiring stitches and a fractured left eye socket. My client pleaded guilty. The Judge described his punch as a king hit that was utter stupid. He was sentenced to eight months home detention after completing rehabilitation and securing full time employment.

May 2018
Aggravated robbery and theft charges.  Client aged 18 years old charged with stealing two bottles of alcohol from a liquor stole. Two hours later he and three associates were charged with committing an aggravated robbery at a diary on the same block of shops as the liquor stole. They presented large knives at the shop keeper and demanded money and tobacco. The shop keeper surrendered, opened the tills and cowered in a corner out of their way. As they were leaving the store one of the offenders leaned over the counter to where the shop keeper was cowering and tried to slash him with a knife. This narrowly missed his neck. My client pleaded guilty, had no previous and completed extensive rehabilitation. He was sentenced to 12 months home detention.

April 2018
Possession of an offensive weapon, threatening to kill, assault with a weapon, common assault, theft and wilful damage charges. Client and a co-defendant (both females) charged with approaching a woman and man with machetes  and threatened to slit the woman's throat. My client then allegedly chased after the man trying to cut him with her machete, narrowly missing him. She then punched him in the face multiple times, stole items from a car then hit the car with the machete causing a dent. Client disputed these allegations and pleaded not guilty and elected trial by jury. A resolution was reached with the Crown prosecutor, my client pleaded guilty to possession of an offensive weapon,  common assault and wilful damage. This was on the basis she possessed the machete and used it in an threatening manner, punched the male victim and hit the boot of the car with the machete. The other charges were dropped. Client was sentenced to six months home detention.

March 2018
Possession of methamphetamine and possession of a pipe for smoking methamphetamine charges. Police conducted a search of a vehicle my client was in and searched the occupants. Methamphetamine and a glass pipe was located in my client's bag. I challenged the legality of the search. The Court accepted that the search was unlawful and ruled the evidence inadmissible. The charges were dismissed.

February 2018
Male assaults female charge. Client charged with grabbing hold of his wife's throat and pushing her to the ground. During the incident her ankle was broken. Client denied grabbing his wife by the throat. His position was that she attacked him by punching him in the face multiple times, kicking him and trying to squeeze his testicles. As a result he restrained her to defend himself. Jury found my client not guilty. Acquitted.

January 2018
​Robbery charge. Proceeded to jury trial. Client denied the offending. On the day of the trial the Crown prosecutor offered no evidence to the charge. The charge was dismissed.

December 2017
Possession of methamphetamine and possession of a pipe for smoking methamphetamine. On the day of the trial the police dropped the charge accepting there was a major flaw with the warrantless search of my client's vehicle. Charges dismissed.

November 2017
Driving with excess breath alcohol charge. Proceeded to Judge alone trial. The police had failed to disclose material evidence prior to the trial. When they attempted to produce this evidence as an exhibit I objected. The Judge ruled in my clients favour. I made an application to dismiss the charge. Charge dismissed.

October 2017
Receiving stolen property valued at over $1000 charge. Client charged with receiving a stolen watch. His friend was selling the watch at a pawn shop in its original box with its manual. He did not have identification so my client used his identification and signed to complete the transaction. Client believed the watch belonged to his friend and was not stolen. Crown case was defendant was in the store alone and the story about his friend was a lie. Jury found my client not guilty. Acquitted.

September 2017
Driving with excess breath alcohol third or subsequent and driving whilst disqualified charges. Client charged after almost causing a collision after turning in front of another vehicle. He was subsequently found to have a breath alcohol level of over 1000 mg/L of breath and was driving whilst disqualified. This was his fifth drink driving charge. Client pleaded guilty and was sentenced to six months community detention, supervision, 150 hours of community work and disqualified from driving for 18 months.

August 2017
Unlawfully getting into a motor vehicle charge. Client aged 17 with no previous convictions, got into a car his friend was driving. He believed that the car belonged to his friend's family and that he had the right to be in it. Police and Crown refused to give my client diversion or drop the charges. Proceeded to a one day jury trial. Client found not guilty. Acquitted.

July 2017
Common assault charge. Client was attacked by his ex-partner and defended himself. They were both charged with assaulting each other. She pleaded guilty to assaulting him. Client proceeded to a judge alone trial. On the day of the trial the police accepted he was defending himself and offered no evidence to the charge. Charge dismissed.

June 2017
Threatening behaviour charge. On going feud between my client and his next door neighbour. Client denied allegation stating he didn't have any interaction with his neighbour or even see her on the day in question. On the day of the judge alone trial the police offered no evidence to the charge. Charge dismissed.

May 2017
Assault with a weapon and male assaults female charges. Client assaulted his wife by hitting her multiple times with a belt. I negotiated with the police for the assault with weapon charge to be dropped. Guilty plea to male assaults female. Client completed anger management counselling. Out of the ordinary immigration consequences to both my client and his wife if he was convicted. Client was discharged without conviction.

April 2017
​Male assaults female and possession of a methamphetamine pipe charges. Client had an extensive history of violence convictions. Resolution reached with the police to have the male assaults female downgraded to common assault and possession of a pipe charge dropped. Client pleaded guilty to common assault and subsequently avoided imprisonment. Community based sentence imposed.

March 2017
Injuring with reckless disregard charge. Jury trial. Client charged with injuring a female by hitting her in the head with a broom. Client denied the charge on basis of self defence and that he was not reckless. The jury found my client not guilty. Acquitted.

February 2017
Supplying a Class B drug charge. Client charged after supplying a Class B drug to another person. I negotiated with the police to have the charge amended down to a Medicines Act offence and obtained Police Diversion for my client. Client completed diversion. Charge dismissed. 

January 2017
Assault with a weapon charge. Client charged with threatening to stab a man with a knife by raising a blade towards him and asking him to go outside. Allegation denied. Police amended charge down to threatening behaviour. This was also denied. After months of negotiation the Police agreed to drop the charge entirely. Charge dismissed. 

December 2016
Assault with intent to injure and possession of an offensive weapon charges. Jury trial. Client charged with trying to stab her ex-partner with a knife. Client's position was that on the day in question he had been threatening her with knives in his possession and abusing her. She had suffered months of ongoing assaults and threats from him. She picked up a knife to protect herself and her daughter. She denied trying to stab the complaint. Client was found not guilty by the jury on both charges. Acquitted.

November 2016
Possession of an offensive weapon charge. Client charged with jumping onto her ex-partner while he was asleep in bed and holding a knife to him. She was alleged to have then demanded money from him. Client denied all of these allegations. Prior to her jury trial the Crown offered no evidence. The charge was dismissed.

October 2016
Parole Board hearing. Client had been sentenced to five years eight months imprisonment for possessing a significant quantity of methamphetamine for supply. I became involved in the case when the client was approaching his first Parole Board hearing after serving one third of his sentence. I submitted to the Board that my client was merely a mule who had made a regrettable decision. He was now rehabilitated and no longer an undue risk to society. Client was granted parole.

September 2016
Common assault charge. Client charged with two others of assaulting another man in the street. The police alleged that the group assaulted the other man and continued to assault him while he was on the ground. Client accepted throwing one punch to defend his friend, he denied doing anything else. Summary of facts amended to state this. Two co-defendants were convicted. My client pleaded guilty and was discharged with out conviction.

August 2016
Threatening to kill charge. Client charged after sending his wife a text message threatening to kill her during an argument. Client was highly intoxicated at the time and was deeply ashamed of his behaviour. Guilty plea entered. There were serious consequences to his immigration status and employment opportunities  if convicted. Discharged without conviction.

July 2016
Burglary and unlawfully taking a motor vehicle charges. Jury trial. Client was charged with unlawfully entering a workshop area of a building he was living in and taking a motor vehicle. Burglary charged dismissed on morning of trial. Client denied the unlawfully taking charge on the basis he believe he had authority and the right to use the vehicle.  Jury found my client not guilty. Acquitted.

June 2016
Male assaults female charge. Jury trial. Client charged with grabbing the complainant by her hair and pushing her head into a bench causing a bleeding gash and swelling above her eye. Client denied assaulting her, he did not know how she sustained her injuries. Jury found my client not guilty after deliberating for three minutes. Acquitted.

May 2016
Assaults police with intent to obstruct charge. Police attend an 18 year old's birthday party due to noise and disorder. Bottles and abuse are hurled at them. Client charged after throwing a bottle at a constable and narrowly missing him. He then swore at the officer saying  F*** the police. He was arrested. Charge amended to disorderly behaviour.  Client sentenced to come up for sentence if called upon (suspended sentence).

April 2016
Reckless ill treatment of an animal charge. SPCA prosecution. Client was convicted at a Judge alone trial of neglecting a dog by failing to feed and care for him. He was sentenced to four months imprisonment. He maintained his innocence. Appeal allowed on the basis that a miscarriage of justice had occurred. Conviction quashed. No re-trial ordered.
​
​www.stuff.co.nz/national/crime/79915214/auckland-man-cleared-of-dogs-illtreatment.html

March 2016
Dangerous driving charge. Police alleged that my client was speeding and driving without his lights off. I raised with the Police Prosecutor that there was insufficient evidence to prove the charge. Police offered no evidence on the charge. Charge dismissed.

February 2016
​Injuring with reckless disregard and intentional damage charges. Client charged with throwing a large rock through a window causing injury to a young child. Client denied the charges - it wasn't him. Prior to the jury trial I raised with the Court the serious deficiencies with the evidence. After several Court appearances the Crown offered no evidence on both charges. Charges dismissed.

January 2016
Assaults and resists police charges. Client charged after the police went to his address to arrest someone with the same name as him. Client told the police they had the wrong person, they did not believe him. The police entered his home to arrest him. A struggle ensued, during which my client threatened to smash the Constable. Client pleaded not guilty to both charges. I successfully persuaded the police to withdraw both charges at the case review hearing.

December 2015
Injuring with intent to injure and wilful damage charges. Young sportsman involved in an altercation in early hours of the morning in Central Auckland. During the altercation he punched the victim in the face and then kicked him once in the head whilst on the ground. He then caused damage to his property. Fortunately no serious injuries were caused. I successfully persuaded the police to reconsider offering my client Police Diversion. Diversion was completed. Charges were dismissed. 

November 2015
Assault with intent to injure charge. Client and his wife begun arguing whilst in their car in a public place. My client lost his temper and assaulted his wife. The police alleged that my client punched his wife in the face four times based on what a witness said he saw. My client denied punching his wife. I negotiated with the police prosecutor and had the summary of facts amended to state that he slapped his wife four times in the face with an open hand. The charge was lowered to male assaults female. My client pleaded guilty and was discharged without conviction.

October 2015
Charges of cultivation of cannabis, possession of cannabis for supply and supplying cannabis. Client charged with cultivating 26 plants. Police located dry cannabis ready to be sold at his address. Police obtained text message evidence of over 25 cannabis sales. Client entered a guilty plea and was sentenced to home detention for 9 months and 100 hours of community work.

September 2015
Cultivation of cannabis charge. Client charged with cultivating over 100 cannabis plants. I challenged the lawfulness of the search. The issue related to the search warrant application which contained infra-red photographs of my client's address taken from the police helicopter. In order to obtain a search warrant, the police stated that these photographs showed heat anomalies consistent with cannabis growing (which the photographs did not show). Eventually the police agreed there was a serious problem with the search warrant application. The police offered no evidence and the charge was dismissed.

August 2015
Dangerous driving charge. Client charged with driving his motorcycle dangerously by driving on the outside lane of the motorway. Police alleged he was swerving dangerously and driving at speed. I obtained the motorway CCTV footage. I persuaded the Police that the driving was not dangerous. The police withdrew the charge on the day of the trial.

August 2015
Assault with a weapon and male assault female charges. My client was charged after a domestic incident. It was alleged that he assaulted his partner in the head with a weapon and punched her numerous times in the face. This was strongly denied. The Crown prosecutor offered no evidence to the charge prior to trial. My client was acquitted of both charges.

July 2015
Drink driving third or subsequent charge. Client charged with third drink driving offence within five years after being pulled over due to the manner of his driving. After receiving my advice he entered an early guilty plea and sought alcohol counselling. He was sentenced to six months supervision, 80 hours of community work and the mandatory indefinite disqualification.

June 2015
Male assaults female charge. Client charged with punching his wife in the face during an argument. My client strongly denied this allegation. After meeting with the prosecutor the police agreed to withdraw the charge at the Case Review Hearing.

May 2015
Client facing two charges of theft of property valued at over $1000. My young client stole numerous items from his flatmate including a diamond ring valued at $10,000 and stole another person’s bicycle. My client was facing loss of employment and serious problems with obtaining future employment if convicted. All stolen items were returned to the victims after a reward was offered and the police became involved. My client attended a restorative justice conference where he apologised for his offending and attended 50 hours of voluntary community work. The Judge ordered that my client pay emotional harm reparation of $250 to his former flatmate and discharged him without conviction on both charges.

April 2015
Careless driving charge. Client charged after causing a collision by pulling out in front of another vehicle. I obtained police diversion for my client. Charge was dismissed after diversion tasks were completed.

March 2015
Burglary charge. Client facing burglary charge of a residential dwelling. Client denied the offending. There were significant time delays in the proceeding, mainly due to the police seeking adjournments of the trial. I filed a stay of proceedings application for the charge to stayed (dismissed) due to undue delay and breaches of fair trial rights if the trial was to proceed. Stay of proceedings granted. Charge dismissed.

March 2015
Unlawfully taking a motor vehicle charge. Client charged after being found in a stolen vehicle. I made an application for dismissal of the charge on the basis that there was insufficient evidence to prove the charge. The charge was dismissed.

February 2015
Common Assault charge. Client originally faced a charge of male assaults female against his wife. I negotiated with the police to have the charge lowered to common assault and the summary of facts amended. Client completed an anger management course. I argued that a conviction would have a major effect on the client’s employment prospects and mental health. Discharged without conviction.

January 2015
Driving with excess breath alcohol charge. My client was pulled over by the police but was not breath tested, instead the police arrested him for driving whilst incapable. No doctor was ever called to examine him and the police laid a charge of drink driving. I met with the prosecutor and explained that the constable had failed to follow the proper procedure by arresting my client. The prosecutor agreed to withdraw the charge.

December 2014
Charge of male assaults female. Client involved in a domestic incident with his wife. After I made a written application for police diversion, the police agreed to offer my client diversion. Diversion was completed and the charge was dismissed. Permanent name suppression was granted.

November 2014
Charges of injuring with intent to injure, possession of an offensive weapon, wilful damage and separate cannabis and disorderly behaviour charges. Client involved in a serious domestic incident with his partner. This involved kicks to her head whilst she was on the ground. Client sentenced to home detention.

October 2014
Possession of methamphetamine and utensil charges. Police stopped client’s vehicle and searched vehicle pursuant to the Search and Surveillance Act 2012. Drugs and utensils located. I argued the search was unlawful and breached the New Zealand Bill of Rights Act 1990. After discussions with the Prosecutor both charges were withdrawn.

September 2014
Driving whilst disqualified third or subsequent charge. The Police were seeking confiscation of my client’s motor vehicle. After discussing the case with the Prosecutor the charge was amended to driving whilst disqualified. Client entered a guilty plea to the amended charge. I made a successful application under s94 of the Land Transport Act 1998 - no disqualification from driving was imposed. I advanced a successful hardship argument resulting in no confiscation of vehicle. Client sentenced to 150 hours of community work.

September 2014
Common assault charges. Client faced two charges of common assault involving two bouncers outside a night club. After I wrote to the Police, my client received Police Diversion in relation to both charges. No convictions entered.

August 2014
Male assaults female charge. Client pleaded guilty to assaulting his younger sister during an argument. She suffered a bleeding nose. If convicted he faced a real likelihood of losing his long term employment. Discharged without conviction.

August 2014
Theft over $1000 charge. Client charged with stealing property valued at over $1000. I made a written application to the Police seeking Police Diversion. The Police formally offered Diversion which was successfully completed. The charge was dismissed – no conviction entered.

June 2014
Drink driving 3rd or subsequent charge. Client drinking and driving at well over the limit. Client entered a guilty plea and was fined $1000 and given the mandatory disqualification of 12 months.

May 2014
Male assaults female charge. Allegation of domestic violence between husband and wife. My client denied the offending took ever place. On the day on the Judge alone trial the Police offered no evidence to support the charge. Charge dismissed.

November 2013
Assault with intent to injure charge. Client charged with assaulting his partner by striking her and pulling her hair. The charge was amended to male assaults female and a guilty plea was entered. My client wished to join the New Zealand Army but faced a three year stand down period if he was convicted. Even after the three year period he still may have faced difficulties. Client was discharged without conviction.

July 2013
Burglary charge. Allegation that client broke into a house and stole $24,000 worth of property. He was aged 16 at the time. The client’s finger prints were located at the scene and linked to him when he was aged 17. No further evidence was discovered. The Police waited almost five years to lay charges. I successfully argued that the prosecution was an abuse of process due to breaching the New Zealand Bill of Rights Act 1990 and the Children Young Persons and Their Families Act 1989. The charge was dismissed.

May 2012
Male assaults female charge. Client charged with assaulting his partner during an argument outside a bar. She began damaging their vehicle and a struggle ensued. My client was defending the charge on basis that he was protecting his property from damage. On the day of the trial as a resolution to the matter, Police Diversion was negotiated and successfully granted on the spot.

March 2012
Indecent assault and wilful damage charges. The client denied the sexual offending on the basis that it did not happen. Both my client and complainant had mental health problems. After discussions with the Prosecutor, the Police did not proceed with the prosecution. The indecent assault charge was dismissed. My client received Police Diversion on the wilful damage charge.

October 2012
Client charged with drink driving for a third or subsequent time. Client was stopped at a Police Check point and failed the breath screening test. A blood sample was subsequently taken and gave a reading of 171 milligrams per 100 millilitres of blood. The client had driven a short distance for the purpose of moving his car to a safe place for the evening. I successfully argued that there were special reasons relating to the offence under s81 of the Land Transport Act. No disqualification was ordered. 100 hours of community work imposed.

September 2012
Assault with weapon charge. Successful appeal to High Court against refusal to grant bail. At trial found guilty of threatening behaviour (max penalty 3 months). Client was sentenced to supervision and community work.

November 2011
Possession of an offensive weapon charge. Client charged with possessing a samurai sword in a public place whilst making threats. The charge was dismissed due to the Police being unable to offer evidence to support the charge.

May 2011
Driving with excess breath alcohol third or subsequent charge. Client facing his fifth charge of drink driving. The client entered a guilty plea to the charge. He was at a real risk of imprisonment due to blowing over double the limit and his previous drink driving convictions. I managed to persuade the sentencing Judge against sending the client to jail. Sentence of community detention and intensive supervision imposed with mandatory indefinite disqualification.

April 2011
Using a forged document charge. The Police charged my client as a result of him being in possession of a fake ID. At the time of the offending he was aged 16 years old. When charged by the Police after the offending he was aged 17 years old. Instead of charging him in the Youth Court the Police charged him as an adult in the District Court. When the client was aged 18 the Police tried to lay a charge against him in the Youth Court. I argued that the Prosecution was an abuse of process and the Youth Court had no jurisdiction to hear the charge. The charge was dismissed.