MISIUK V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 88/2011
The application for leave to appeal is dismissed because the habeas corpus application had no prospect of success as the applicant is lawfully detained under a warrant of committal issued in respect of an ongoing sentence; the Court of Appeal did not err and the applicant's procedural complaints do not justify...
Source-derived case information.
- Citation
- SC 88/2011
- Parties
- Applicant: Pawel Marian Misiuk; Respondent: Chief Executive of the Department of Corrections
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 October 2011
- Procedural Posture
- Application for Habeas Corpus; Leave to Appeal to the Supreme Court / Application for Leave to Appeal Dismissed
- Outcome
- Application for leave to appeal dismissed; costs reserved.
- Legal Topics
- Habeas Corpus, Warrant of Committal, Leave to Appeal, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pawel Marian Misiuk
Applicant
Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Application for Habeas Corpus; Leave to Appeal to the Supreme Court / Application for Leave to Appeal Dismissed
Legal Issues
- 1 Whether the habeas corpus application had any prospect of success given lawful detention under a warrant of committal
- 2 Whether the Court of Appeal erred in dismissing the appeal
- 3 Whether leave to appeal to the Supreme Court should be granted
Ratio Decidendi
The application for leave to appeal is dismissed because the habeas corpus application had no prospect of success as the applicant is lawfully detained under a warrant of committal issued in respect of an ongoing sentence; the Court of Appeal did not err and the applicant's procedural complaints do not justify further appeal.
Court Disposition
Application for leave to appeal dismissed; costs reserved.
Orders
- Application for leave to appeal dismissed.
- Costs reserved.
Full Case Text
Judgment text and source record
1 paragraphs
MISIUK V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 88/2011 10 October 2011IN THE SUPREME COURT OF NEW ZEALANDSC 88/2011[2011] NZSC 122BETWEEN PAWEL MARIAN MISIUKApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentCourt: Blanchard, Tipping and McGrath JJCounsel: Applicant in PersonA M Powell for RespondentJudgment: 10 October 2011JUDGMENT OF THE COURTThe application for leave to appeal is dismissed. Costs are reserved.REASONS[1] The application for habeas corpus had no prospect of succeeding as the applicant is being held in prison under a warrant of committal issued as a consequence of the imposition of a sentence of imprisonment which he is currently still serving. The appeal to the Court of Appeal1 was therefore rightly dismissed and the application for leave to appeal to this Court cannot succeed. The arguments put forward by the applicant related to the processes of the Court of Appeal and provide no basis for a reconsideration of its decision. It was well open to the Court to make an award of costs as it did.Solicitors:Crown Law Office, Wellington for Respondent1 Misiuk v Chief Executive of the Department of Corrections [2011] NZCA 318.