KISSLING V R SC 19/2010
The application for leave to appeal was dismissed because it was filed long out of time, lacked merit, and the applicant failed to substantiate alleged evidential inadequacy or trial error or to show any question of general principle or appearance of miscarriage of justice.
Source-derived case information.
- Citation
- SC 19/2010
- Parties
- Applicant: Jamie Ronaki Kissling; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 June 2010
- Procedural Posture
- Criminal Appeal (leave to Appeal Against Convictions) / Application for Leave to Appeal to the Supreme Court (filed Out of Time)
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Conviction, Manufacturing Methamphetamine, Car Conversion, Miscarriage of Justice, Evidential Sufficiency
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamie Ronaki Kissling
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (leave to Appeal Against Convictions) / Application for Leave to Appeal to the Supreme Court (filed Out of Time)
Legal Issues
- 1 Whether leave to appeal should be granted despite being filed out of time
- 2 Whether the convictions (except one quashed by the Court of Appeal) were supported by sufficient evidence
- 3 Whether appellant has demonstrated trial error or an appearance of miscarriage of justice
Ratio Decidendi
The application for leave to appeal was dismissed because it was filed long out of time, lacked merit, and the applicant failed to substantiate alleged evidential inadequacy or trial error or to show any question of general principle or appearance of 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
KISSLING V R SC 19/2010 9 June 2010IN THE SUPREME COURT OF NEW ZEALAND SC 19/2010 [2010] NZSC 63 JAMIE RONAKI KISSLINGvTHE QUEENCourt: Elias CJ, Blanchard and Tipping JJ Counsel: B S Yeoman for Applicant M D Downs for Crown Judgment: 9 June 2010JUDGMENT OF THE COURTThe application for leave to appeal is dismissed. REASONS[1] This application for leave to appeal against convictions for drug offending and car conversion appeal is brought long out of time and has no merit. The applicant faced a strong case on the charges where convictions remain (the Court of Appeal having quashed a conviction for manufacturing methamphetamine). [2] The applicant's very generalised assertions of inadequacy of evidence or trial error are not substantiated. No question of general principle or appearance of any miscarriage of justice has been shown.Solicitors: B S Yeoman, Lower Hutt for Applicant Crown Law Office, Wellington