TAYLOR V R SC 56/2009
The Supreme Court lacks jurisdiction under s379AB(1) to hear an appeal from a Court of Appeal decision refusing leave for a pre-trial appeal because such a refusal is not a "decision...on appeal", therefore the application for leave to appeal is dismissed.
Source-derived case information.
- Citation
- SC 56/2009
- Parties
- Applicant: Luana Roberta Taylor; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 July 2009
- Procedural Posture
- Criminal Leave to Appeal to Supreme Court / Application for Leave to Appeal Following Court of Appeal Refusal to Grant Leave for a Pre Trial Appeal
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Jurisdiction of the Supreme Court, Pre Trial Appeal, Meaning of "decision on Appeal"
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luana Roberta Taylor
Applicant
The Queen
Respondent
Procedural Posture
Criminal Leave to Appeal to Supreme Court / Application for Leave to Appeal Following Court of Appeal Refusal to Grant Leave for a Pre Trial Appeal
Legal Issues
- 1 Whether the Supreme Court has jurisdiction under s379AB(1) to hear an appeal against a Court of Appeal decision refusing leave for a pre-trial appeal
- 2 Whether a decision of the Court of Appeal refusing leave constitutes a "decision...on appeal" within the meaning of s379AB(1)
- 3 Appropriate procedure for raising the point if relevant after trial
Ratio Decidendi
The Supreme Court lacks jurisdiction under s379AB(1) to hear an appeal from a Court of Appeal decision refusing leave for a pre-trial appeal because such a refusal is not a "decision...on appeal", therefore the application for leave to appeal is dismissed.
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
TAYLOR V R SC 56/2009 1 July 2009IN THE SUPREME COURT OF NEW ZEALAND SC 56/2009 [2009] NZSC 69 LUANA ROBERTA TAYLORvTHE QUEENCourt: Elias CJ, Blanchard and Tipping JJ Counsel: J K W Blathwayt for Applicant Judgment: 1 July 2009JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant has sought leave to appeal against the refusal by the Court of Appeal to grant leave for a pre-trial appeal to that Court. Section 379AB(1) of the Crimes Act 1961 reads:(1) With the leave of the Supreme Court, an accused person may appeal to the Supreme Court against a decision of the Court of Appeal on appeal under s 379A(1) or (2).[2] We have received written submissions from Mr Blathwayt which address the question of this Court's jurisdiction and having read them are satisfied that the absence of jurisdiction for us to hear the proposed appeal is so clear that it is unnecessary to call for submissions from the Crown.[3] The expression "a decision of the Court of Appeal on appeal" also appears in s 144A of the Summary Proceedings Act 1957 and this Court has previously said in that context that a decision of the Court of Appeal refusing leave or special leave to appeal to it is not a decision "on an appeal". It is simply a decision that no appeal shall be permitted. 1[4] If, contrary to the view of the Court of Appeal, there is substance in the argument which the applicant was refused leave to advance in the Court of Appeal, the point can be taken if it remains relevant following any conviction at trial. The point could be raised in a conviction appeal to the Court of Appeal without need for leave.Solicitors: WCM Legal, Carterton for Applicant1 Simpson v Kawerau District Council (2004) 17 PRNZ 358 at paras [5], Clarke v R [2005] NZSC 60.