REUBEN v POLICE [2018] NZCA 577
The application to suspend sentence was declined because the sentence in respect of which suspension was sought had already been served, there was therefore no sentence to suspend, and delay in progressing the matter was attributable to the applicant; consequently no basis existed to grant suspension and only the...
Source-derived case information.
- Citation
- [2018] NZCA 577
- Parties
- Applicant: Stewart Clifton Reuben; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 December 2018
- Procedural Posture
- Criminal Appeal (leave to Appeal Against Conviction) / Application to Suspend Sentence Pending Determination of Appeal; Leave to Appeal Pending
- Outcome
- Application to suspend sentence declined.
- Legal Topics
- Suspension of Sentence, Leave to Appeal, Delay, Protection Order, Unlawful Conversion
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stewart Clifton Reuben
Applicant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal (leave to Appeal Against Conviction) / Application to Suspend Sentence Pending Determination of Appeal; Leave to Appeal Pending
Legal Issues
- 1 Whether a sentence can be suspended pending appeal when the sentence has already been served
- 2 Whether delay attributable to the applicant defeats an application for suspension
- 3 Whether a single judge may deal with the application under s 333(4) Criminal Procedure Act 2011
Ratio Decidendi
The application to suspend sentence was declined because the sentence in respect of which suspension was sought had already been served, there was therefore no sentence to suspend, and delay in progressing the matter was attributable to the applicant; consequently no basis existed to grant suspension and only the conviction remains to be determined.
Court Disposition
Application to suspend sentence declined.
Orders
- Application to suspend sentence declined.
Full Case Text
Judgment text and source record
1 paragraphs
REUBEN v POLICE [2018] NZCA 577 [13 December 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA548/2018[2018] NZCA 577BETWEEN STEWART CLIFTON REUBENApplicantAND NEW ZEALAND POLICERespondentCounsel: Applicant in personM L Wong for RespondentJudgment:(On the papers)13 December 2018 at 11.00 amJUDGMENT OF WILLIAMS JThe application to suspend sentence is declined.____________________________________________________________________REASONS[1] Mr Reuben applies for leave to appeal against conviction. The application wasdue to be heard on 28 November 2018 but Mr Reuben sought and was granted anadjournment to allow him to file late submissions. No further hearing date has beenset. Meanwhile the sentence imposed by Judge Connell in the District Court in relationto the conviction (two counts of contravention of a protection order and one count ofunlawful conversion of a motor vehicle) has long since been served (althoughthe applicant may still be subject to release conditions in respect of other offendingnot related to the current application for leave).1 This was addressed by Toogood Jwhen the matter came before him on first appeal.21 Police v Reuben [2017] NZDC 25565.2 Reuben v Police [2018] NZHC 1870 at [1].[2] Mr Reuben has now applied for suspension of his sentence pending finaldetermination of his appeal. This application may be dealt with by a single judge.3[3] Given the background to this matter there is no basis upon which suchapplication could be granted. There is no longer a sentence to suspend. The relevantsentence is spent and delay in dealing with the matter has been the result ofMr Reuben's own desire that hearing be delayed. All that remains is the question ofwhether the conviction should be upheld.Result[4] The application to suspend sentence is declined accordingly.Solicitors:Crown Law Office, Wellington for the Respondent3 Criminal Procedure Act 2011, s 333(4).