JAY MAUI WALLACE V CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS SC 1/2012
Section 14(2)(a) of the Habeas Corpus Act 2001 precludes the grant of habeas corpus to challenge imprisonment lawfully imposed where the conviction and sentence are open to challenge only by appeal; consequently the application for leave to appeal could not succeed.
Source-derived case information.
- Citation
- SC 1/2012
- Parties
- Applicant: Jay Maui Wallace; Respondent: Chief Executive of Department of Corrections
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 March 2012
- Procedural Posture
- Criminal Appeal / Leave to Appeal Application to Supreme Court
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Habeas Corpus, Appeal, Sentence, Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jay Maui Wallace
Applicant
Chief Executive of Department of Corrections
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Application to Supreme Court
Legal Issues
- 1 Whether habeas corpus is available to challenge a lawful imprisonment while an appeal against conviction and sentence is pending
- 2 Whether s 14(2)(a) of the Habeas Corpus Act 2001 precludes the grant of a writ in these circumstances
Ratio Decidendi
Section 14(2)(a) of the Habeas Corpus Act 2001 precludes the grant of habeas corpus to challenge imprisonment lawfully imposed where the conviction and sentence are open to challenge only by appeal; consequently the application for leave to appeal could not succeed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
JAY MAUI WALLACE v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS SC 1/2012 [21 March 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 1/2012[2012] NZSC 16BETWEEN JAY MAUI WALLACEApplicantAND CHIEF EXECUTIVE OF DEPARTMENTOF CORRECTIONSRespondentCourt: Elias CJ, Blanchard and Tipping JJCounsel: Applicant in personC A Griffin for CrownJudgment: 21 March 2012JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.REASONS[1] Mr Wallace has been convicted of offences involving violence. He is serving a sentence of five years and three months imprisonment. He has appealed against his conviction and sentence. His appeal is shortly to be heard by the Court of Appeal. In the meantime, he applied to the High Court for a writ of habeas corpus. The High Court considered that because Mr Wallace was serving a sentence of imprisonment which had been lawfully imposed upon him and was open to challenge only by way of appeal, s 14(2)(a) of the Habeas Corpus Act 2001 precluded the grant of any writ.1Mr Wallace appealed against that decision but the Court of Appeal has taken the same view.2 That position is undoubtedly correct. Whilst the conviction and sentence stand habeas corpus is not available to challenge the imprisonment.1 Wallace v Chief Executive of Department of Corrections HC Auckland CIV-2011-404-4235,19 July 2011.2 Wallace v Ministry of Justice [2011] NZCA 678.[2] The procedural and other matters raised by Mr Wallace in his submissions cannot overcome that fundamental point. The proposed appeal therefore cannot succeed.Solicitors:Crown Law Office, Wellington