MISIUK v R SC 83/2011
Leave to appeal was refused because it was not in the interests of justice to hear the bail appeal in the Supreme Court, the Court of Appeal's decision to refuse bail was not shown to be arguably erroneous, and the substantive Court of Appeal hearing was scheduled imminently.
Source-derived case information.
- Citation
- SC 83/2011
- Parties
- Applicant: Pawel Marian Misiuk; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 September 2011
- Procedural Posture
- Criminal Bail Appeal / Application for Leave to Appeal (dismissed)
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Bail Pending Appeal, Jurisdiction of Supreme Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pawel Marian Misiuk
Applicant
The Queen
Respondent
Procedural Posture
Criminal Bail Appeal / Application for Leave to Appeal (dismissed)
Legal Issues
- 1 Whether leave to appeal should be granted to hear a bail application in the Supreme Court
- 2 Whether the Court of Appeal erred in declining to grant bail
- 3 Whether it is in the interests of justice for the Supreme Court to hear the bail appeal given the imminent Court of Appeal hearing
Ratio Decidendi
Leave to appeal was refused because it was not in the interests of justice to hear the bail appeal in the Supreme Court, the Court of Appeal's decision to refuse bail was not shown to be arguably erroneous, and the substantive Court of Appeal hearing was scheduled imminently.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Leave to appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
MISIUK v R SC 83/2011 13 September 2011IN THE SUPREME COURT OF NEW ZEALANDSC 83/2011[2011] NZSC 104PAWEL MARIAN MISIUKvTHE QUEENCourt: Blanchard, Tipping and McGrath JJCounsel: M J Kidd for ApplicantC A Brook for CrownJudgment: 13 September 2011JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.REASONS[1] Mr Misiuk seeks leave to appeal against a judgment of the Court of Appeal denying him bail1 pending the hearing of his appeal to that Court against conviction on numerous charges including burglary.[2] While this Court has jurisdiction to hear the proposed bail appeal,2 it is not in the interests of justice that it do so. We are not persuaded that it is arguable that the Court of Appeal erred in any respect in declining to grant bail. The substantive1 Misiuk v R [2011] NZCA 323.2 R v Greer [2006] NZSC 76, [2006] 3 NZLR 740.hearing in the Court of Appeal is due to take place tomorrow and will be dealt with before a hearing can be held in this Court.Solicitors:The Small Law Firm Ltd, Auckland for ApplicantCrown Law Office, Wellington