VAN WAKEREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2014] NZSC 79
The recall application was dismissed because the Court had already determined the warrant was valid as issued in respect of an amended sentence and the applicant's remaining grounds merely rehashed arguments previously rejected, so there was no basis to reconsider the judgment.
Source-derived case information.
- Citation
- [2014] NZSC 79
- Parties
- Applicant: RONALD VAN WAKEREN; Respondent: THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 June 2014
- Procedural Posture
- Habeas Corpus; Application for Leave to Appeal; Recall Application / Recall Application Dismissed
- Outcome
- Application for recall of judgment dismissed
- Legal Topics
- Habeas Corpus, Validity of Warrant, Recall of Judgment, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
RONALD VAN WAKEREN
Applicant
THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Respondent
Procedural Posture
Habeas Corpus; Application for Leave to Appeal; Recall Application / Recall Application Dismissed
Legal Issues
- 1 Whether the warrant for imprisonment was valid
- 2 Whether the sentence imposed had expired
- 3 Whether there were grounds to recall the Supreme Court's earlier judgment
Ratio Decidendi
The recall application was dismissed because the Court had already determined the warrant was valid as issued in respect of an amended sentence and the applicant's remaining grounds merely rehashed arguments previously rejected, so there was no basis to reconsider the judgment.
Court Disposition
Application for recall of judgment dismissed
Orders
- Application for recall of judgment dismissed
Full Case Text
Judgment text and source record
1 paragraphs
VAN WAKEREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2014] NZSC 79 [24 June 2014]IN THE SUPREME COURT OF NEW ZEALANDSC 53/2014[2014] NZSC 79BETWEEN RONALD VAN WAKERENApplicantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentCourt: McGrath, William Young and Glazebrook JJCounsel: Applicant in PersonJudgment: 24 June 2014JUDGMENT OF THE COURTThe application for recall of judgment is dismissed.____________________________________________________________________REASONS[1] The applicant seeks recall of the Court's judgment, delivered on 6 June 2014,1 dismissing his application for leave to appeal against a judgment of the Court of Appeal rejecting his application for habeas corpus.[2] The applicant's first ground for seeking reconsideration is that the Court did not address in its judgment the validity of the warrant for imprisonment under which he is detained. This is incorrect. In paragraph [8], the Court found that the warrant had been properly issued, in respect of an amended sentence imposed by the Court of Appeal, thus upholding its validity. The second ground is that the sentence imposed by the Court of Appeal was for a term of imprisonment that had expired. That ground, and the remainder of the applicant's submissions, are no more than a1 van Wakeren v The Chief Executive of the Department of Corrections [2014] NZSC 65.continuation of the arguments he put to the Court which were rejected in its judgment.[3] There is accordingly no basis for the Court to reconsider its judgment dismissing the application for leave to appeal. The application for recall is dismissed.