TODD v R SC 10/2012
The application for leave to appeal is dismissed because it was filed approximately six and a half years out of time and the applicant failed to show a compelling case that the criteria for leave were met: no issue of general or public importance was raised, no substantial miscarriage of justice or real doubt about...
Source-derived case information.
- Citation
- SC 10/2012
- Parties
- Applicant: Allan John Todd; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 April 2012
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Application (out of Time) Dismissed
- Outcome
- application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal Criteria, Delay and Time Limits, Miscarriage of Justice, S 406 Crimes Act 1961 (petition to Governor General)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan John Todd
Applicant
The Queen
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Application (out of Time) Dismissed
Legal Issues
- 1 Whether leave to appeal should be granted notwithstanding a six and a half year delay
- 2 Whether applicant has shown a compelling case that criteria for leave are met
- 3 Whether there is a real doubt about the result below warranting re‑examination of evidence
Ratio Decidendi
The application for leave to appeal is dismissed because it was filed approximately six and a half years out of time and the applicant failed to show a compelling case that the criteria for leave were met: no issue of general or public importance was raised, no substantial miscarriage of justice or real doubt about the Court of Appeal's result was demonstrated, and any fuller inquiry should be pursued under s 406 of the Crimes Act 1961.
Court Disposition
application for leave to appeal dismissed
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
TODD v R SC 10/2012 [16 April 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 10/2012[2012] NZSC 27ALLAN JOHN TODDvTHE QUEENCourt: Elias CJ, Blanchard and William Young JJCounsel: Applicant in personB C L Charmley for CrownJudgment: 16 April 2012JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] In May 2005 the Court of Appeal dismissed Mr Todd's appeal against his conviction and sentence for five offences of sexual violation.1 His application for leave to appeal against that decision was not made until January of this year. It is thus some six and a half years out of time. Delay of this length requires the applicant to show a compelling case that the criteria for leave are met.1 R v Todd CA 265/04, 17 May 2005.[2] The applicant's detailed submissions do not demonstrate such a case. They do not raise any question of general or public importance or create a concern that a substantial miscarriage of justice may have occurred. They essentially seek to relitigate the particular facts of the case and contend that there may possibly have been irregularities in the way in which the police investigation proceeded.[3] Unless a real doubt about the result below is evident, this Court will not consider undertaking a second general re-examination of evidence where that has already been done by the Court of Appeal. An inquiry of the kind which the applicant is seeking is more appropriately done by way of an application to the Governor-General under s 406 of the Crimes Act 1961. Under that process it is possible for a full investigation to be undertaken. We should not, however, be taken to be giving any indication that such an application is warranted in this caseSolicitors:Crown Law Office, Wellington