PARTRIDGE v R [2015] NZCA 486
The Court dismissed the application for leave to appeal because the threshold for granting leave was not met and the hearing was dismissed immediately to prevent delay to the scheduled sentencing hearing; detailed reasons to follow in a subsequent judgment.
Source-derived case information.
- Citation
- [2015] NZCA 486
- Parties
- Applicant: Rory Damien Partridge; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2015
- Procedural Posture
- Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Sentencing, Procedural Directions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rory Damien Partridge
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the application justified delaying the scheduled sentencing hearing
Ratio Decidendi
The Court dismissed the application for leave to appeal because the threshold for granting leave was not met and the hearing was dismissed immediately to prevent delay to the scheduled sentencing hearing; detailed reasons to follow in a subsequent judgment.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed.
- Sentencing hearing to proceed as scheduled on 21 October 2015.
Full Case Text
Judgment text and source record
1 paragraphs
PARTRIDGE v R [2015] NZCA 486 [13 October 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA526/2015[2015] NZCA 486BETWEEN RORY DAMIEN PARTRIDGEApplicantAND THE QUEENRespondentHearing: 12 October 2015Court: Ellen France P, Asher and Collins JJCounsel: Applicant in person (via videolink)K S Grau for RespondentJudgment: 13 October 2015 at 10.30 amJUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________[Reasons to follow]For reasons which we will explain in a further judgment, we are dismissing Mr Partridge's application for leave to appeal. We are issuing this results judgmentat this stage so as to ensure no delay occurs to Mr Partridge's sentencing hearing,which is scheduled for 21 October 2015.Solicitors:Crown Law Office, Wellington for Respondent