CARL KIATIKA NGAWHIKA v R [2018] NZSC 32
Leave to appeal dismissed because the applicant's arguments merely repeated the Court of Appeal's arguments, raised no point of general or public importance and did not demonstrate a miscarriage of justice.
Source-derived case information.
- Citation
- [2018] NZSC 32
- Parties
- Applicant: Carl Kiatika Ngawhika; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 April 2018
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal to Supreme Court
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Conviction, Sentence, Miscarriage of Justice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carl Kiatika Ngawhika
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to Supreme Court
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the issues raised involve a point of general or public importance
- 3 Whether a miscarriage of justice is established
Ratio Decidendi
Leave to appeal dismissed because the applicant's arguments merely repeated the Court of Appeal's arguments, raised no point of general or public importance and did not demonstrate a miscarriage of justice.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Application for leave to appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
CARL KIATIKA NGAWHIKA v R [2018] NZSC 32 [17 April 2018]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 130/2017[2018] NZSC 32BETWEEN CARL KIATIKA NGAWHIKAApplicantAND THE QUEENRespondentCourt: Elias CJ, Glazebrook and Ellen France JJCounsel: J U Mooney for ApplicantJ E L Carruthers for RespondentJudgment: 17 April 2018JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] Mr Ngawhika seeks leave to appeal against the decision of the Court of Appeal1dismissing his appeal against conviction on four charges of theft2 and his appealagainst sentence.[2] The arguments the applicant seeks to raise essentially mirror the arguments inthe Court of Appeal. There is no point of general or public importance. Nor doesanything raised suggest a miscarriage of justice.1 Ngawhika v R [2017] NZCA 535 (Harrison, Lang and Ellis JJ).2 He was acquitted on four charges.[3] The application for leave to appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent