JARDEN V R SC 14/2008

JARDEN V R SC 14/2008

Leave to appeal was granted so that the Supreme Court can determine whether the sentencing judge was entitled to impose a three year term of imprisonment, i.e. whether the sentence was within judicial discretion.

Source-derived case information.

Citation
JARDEN V R SC 14/2008
Parties
Appellant: Jonathan Nuki Lummis Jarden; Respondent: The Queen
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
9 May 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to the Supreme Court; Leave Granted
Outcome
Application for leave to appeal granted; approved ground specified for full appeal
Legal Topics
Leave to Appeal, Sentence Length, Judicial Discretion
Criminal Law Sentencing Appeals Leave to Appeal Sentence Length Judicial Discretion

Source-derived case record

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Parties

Jonathan Nuki Lummis Jarden

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal to the Supreme Court; Leave Granted

Legal Issues

  1. 1 Whether it was open to the sentencing Judge to impose a sentence of three years imprisonment

Ratio Decidendi

Leave to appeal was granted so that the Supreme Court can determine whether the sentencing judge was entitled to impose a three year term of imprisonment, i.e. whether the sentence was within judicial discretion.

Court Disposition

Application for leave to appeal granted; approved ground specified for full appeal

Orders

  • Leave to appeal is granted.
  • Approved ground: whether it was open to the sentencing Judge to impose a sentence of three years imprisonment.