A v The Queen
[2012] NZSC 84
•16 October 2012
| NOTE: THERE IS AN EXTANT ORDER SUPPRESSING THE NAMES AND IDENTIFYING PARTICULARS OF THE APPLICANT AND HER FATHER |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 43/2012 [2012] NZSC 84 |
| A |
| v |
| THE QUEEN |
| Court: Elias CJ, McGrath and Chambers JJ |
| Counsel: C Mitchell for Applicant |
| Judgment: 16 October 2012 |
JUDGMENT OF THE COURT
The application to recall this Court’s judgment is dismissed.
REASONS
The applicant seeks recall of our judgment declining her leave to appeal.[1] The ground for recall is that the applicant has felt obliged to resign from her job after her employer found out about her conviction. Mr Mitchell argues that the Court should reconsider its earlier decision in light of what are now known to be the consequences of her conviction.
[1] A v R [2012] NZSC 76.
This is not a ground for recall. The Court of Appeal, like the sentencing judge, fully considered the impact of conviction upon the applicant’s employment in future, accepting there could be adverse effects. Those adverse effects had to be weighed against wider community interests. The fact an adverse effect may have come to pass is therefore not an unexpected consequence of the conviction. No grounds for recall have been made out.
Solicitors:
Crown Law Office, Wellington, for Respondent
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