BOSKOVIC V R SC 20/2009
Leave to appeal dismissed because the application was out of time and the Court was not satisfied it was necessary in the interests of justice to grant leave; the case did not raise any sufficiently important matter of general principle and there was no prima facie basis to conclude a substantial miscarriage of...
Source-derived case information.
- Citation
- SC 20/2009
- Parties
- Applicant: Edin Bozz Boskovic; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 3 June 2009
- Procedural Posture
- Criminal Appeal (sexual Violation by Rape) / Application for Leave to Appeal to the Supreme Court (leave Application Dismissed)
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Ineffective Assistance of Counsel, Limitation/delay, Miscarriage of Justice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edin Bozz Boskovic
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (sexual Violation by Rape) / Application for Leave to Appeal to the Supreme Court (leave Application Dismissed)
Legal Issues
- 1 Whether to grant leave to appeal to the Supreme Court
- 2 Whether alleged incompetence of trial counsel justifies leave or raises a substantial miscarriage of justice
- 3 Whether the application should be entertained despite being two years out of time
Ratio Decidendi
Leave to appeal dismissed because the application was out of time and the Court was not satisfied it was necessary in the interests of justice to grant leave; the case did not raise any sufficiently important matter of general principle and there was no prima facie basis to conclude a substantial miscarriage of justice would occur if leave was refused.
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
BOSKOVIC V R SC 20/2009 3 June 2009IN THE SUPREME COURT OF NEW ZEALAND SC 20/2009 [2009] NZSC 56 EDIN BOZZ BOSKOVICvTHE QUEENCourt: Tipping, McGrath and Wilson JJ Counsel: C J Tennet for Applicant K A L Bicknell for Crown Judgment: 3 June 2009JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] This application is for leave to appeal from a decision of the Court of Appeal upholding the applicant's conviction for sexual violation by rape. The proposed grounds centre around allegations of incompetence by trial counsel who also represented the applicant in the Court of Appeal. The application is made two years out of time.[2] We are not satisfied that it is necessary in the interests of justice to give leave to appeal. Despite the submissions of counsel for the applicant, we do not regard the case as raising any sufficiently important matter of general principle. We accept the submissions of counsel for the Crown in that respect. We also accept the Crown's submission for the reasons advanced that it is not necessary to grant leave on account of any concern that a substantial miscarriage of justice may have occurred or may occur if leave is not granted. [3] The application must therefore be dismissed.Solicitors: Crown Law Office, Wellington