BRENDON DOUGLAS NEAL FORREST V R SC 83/2006
Leave to appeal was refused because the Court of Appeal had already addressed factual errors and applied sentencing principles correctly, there was no question of law or general principle warranting further appeal, and the alleged prior involvement of a judge did not disqualify that judge.
Source-derived case information.
- Citation
- SC 83/2006
- Parties
- Applicant: Brendon Douglas Neal Forrest; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 December 2006
- Procedural Posture
- Criminal Sentencing Appeal (leave Application) / Application for Leave to Appeal to the Supreme Court (dismissed)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Demanding Money With Menaces, Threatening to Kill, Cumulative Sentencing, Leave to Appeal, Judicial Disqualification
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brendon Douglas Neal Forrest
Applicant
The Queen
Respondent
Procedural Posture
Criminal Sentencing Appeal (leave Application) / Application for Leave to Appeal to the Supreme Court (dismissed)
Legal Issues
- 1 Whether leave to appeal should be granted to challenge a three year sentence
- 2 Whether the Court of Appeal properly corrected factual errors made by the sentencing Judge
- 3 Whether a judge was disqualified for sitting because of prior judicial involvement with the appellant
Ratio Decidendi
Leave to appeal was refused because the Court of Appeal had already addressed factual errors and applied sentencing principles correctly, there was no question of law or general principle warranting further appeal, and the alleged prior involvement of a judge did not disqualify that judge.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
- No further relief granted; underlying three year sentence remains in effect
Full Case Text
Judgment text and source record
1 paragraphs
BRENDON DOUGLAS NEAL FORREST V R SC 83/2006 11 December 2006IN THE SUPREME COURT OF NEW ZEALAND SC 83/2006 [2006] NZSC 107 BRENDON DOUGLAS NEAL FORRESTvTHE QUEENCourt: Blanchard, Tipping and McGrath JJ Counsel: Applicant in Person B J Horsley for Crown Judgment: 11 December 2006JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant seeks leave to appeal against the Court of Appeal's dismissal of his appeal against a three year sentence of imprisonment on charges of demanding money with menaces and of threatening to kill. [2] Where a sentence has been reviewed in the Court of Appeal and no question of law or general sentencing principle is raised, a further appeal to this Court will rarely be warranted by the interests of justice. We are satisfied that there is nothing exceptional about this case. The Court of Appeal has appropriately dealt with the factual errors made by the sentencing Judge. The sentence was imposedcumulatively on a sentence already being served and was in accordance with sentencing principles. [3] The applicant complains that one of the Court of Appeal Judges had sat on his appeal against that earlier sentence. However, the length of that sentence was no longer in issue. A judge is not disqualified from sitting on a criminal case merely because of some previous involvement with the person concerned in a judicial capacity. There was no reason for the Judge to disqualify himself from the present case.Solicitors: Crown Law, Wellington