HUATA V R SC 84/2006
The application for leave to appeal was dismissed because the grounds presented did not raise matters of general or public importance and there was no tenable basis to conclude a substantial miscarriage of justice would occur if leave were refused.
Source-derived case information.
- Citation
- SC 84/2006
- Parties
- Applicant: Wi Te Tau Huata; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 February 2007
- Procedural Posture
- Criminal Application for Leave to Appeal / Leave to Appeal Application to Supreme Court
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Unreasonable Verdict, Fresh Evidence, Fair Trial, Bill of Rights, Miscarriage of Justice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wi Te Tau Huata
Applicant
The Queen
Respondent
Procedural Posture
Criminal Application for Leave to Appeal / Leave to Appeal Application to Supreme Court
Legal Issues
- 1 Whether the guilty verdicts were unreasonable and unsupported by the evidence
- 2 Whether fresh evidence justified a new trial
- 3 Whether the additional grounds alleging fair trial and Bill of Rights issues raised matters of general or public importance
Ratio Decidendi
The application for leave to appeal was dismissed because the grounds presented did not raise matters of general or public importance and there was no tenable basis to conclude a substantial miscarriage of justice would occur if leave were refused.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
HUATA V R SC 84/2006 15 February 2007IN THE SUPREME COURT OF NEW ZEALAND SC 84/2006 [2007] NZSC 3 WI TE TAU HUATAvTHE QUEENCourt: Blanchard, Tipping and McGrath JJ Counsel: S D Patel for Applicant J C Pike for Crown Judgment: 15 February 2007JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant was found guilty on four counts of fraud and one of attempting to defeat the course of justice. He appealed to the Court of Appeal on two grounds; first that the verdicts were unreasonable and could not be supported having regard to the evidence, and second that fresh evidence was available which should lead to a new trial being ordered. His appeal was dismissed.[2] He now seeks leave to appeal to this court on the same two grounds and on two others which seek to raise fair trial and Bill of Rights issues. The original grounds clearly involve nothing of significance beyond the present case. They do not raise any matter of general or public importance. [3] The additional grounds lack specificity and, as presented, seem to represent an attempt to have this court embark on a second general appeal. There is nothing we can discern which might properly be regarded as raising any point of general or public importance. Nor is there, on any ground, any tenable basis for concluding that a substantial miscarriage of justice might occur if leave is not granted. In short, therefore, we are satisfied that the applicant has failed to demonstrate any of the statutory grounds for the granting of leave. [4] His application must therefore be dismissed.Solicitors: Crown Law Office, Wellington