Alfred Taenga Mata v The Queen

IN THE SUPREME COURT OF NEW ZEALAND
SC 60/2008
[2008] NZSC 71
ALFRED TAENGA MATA
v
THE QUEEN
Court:Elias CJ, McGrath and Wilson JJ
Counsel:P T R Heaslip for Applicant

Judgment:15 September 2008

JUDGMENT OF THE COURT

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.
REASONS
[1]       Mr Mata has applied for leave to appeal directly to this Court against a judgment of Judge Bouchier delivered in the District Court at Manukau on 14 August,[1] ruling that evidence of alleged “propensity” was admissible at the forthcoming trial of the applicant.
[1]      CRI 2007-092-006967.
[2]       If this were an application for leave to appeal from a judgment of the Court of Appeal dismissing after trial an appeal against the judgment of Judge Bouchier, leave could well be granted. Leave to appeal directly from a trial Court to this Court under s 14 of the Supreme Court Act 2003, without appealing to the Court of Appeal, will however be granted only in exceptional circumstances.[2] The present application does not establish such circumstances. Before embarking upon any consideration of the issues sought to be raised, this Court would want to have the benefit of the views of the Court of Appeal on these issues.
[2]      Clark v R [2005] NZSC 23.
[3]       Leave to appeal is therefore refused.
Solicitors:
P T R Heaslip, Auckland for Applicant
Crown Law, Wellington

CaseChat Overview and Summary

Alfred Taenga Mata filed an application for leave to appeal directly to the Supreme Court of New Zealand against a ruling by Judge Bouchier in the District Court at Manukau, which held that evidence of alleged "propensity" was admissible at his forthcoming trial. The applicant sought to challenge this decision, arguing that the evidence should not be allowed. The Supreme Court was tasked with determining whether the exceptional circumstances existed to grant leave to appeal directly from the trial court to the Supreme Court, bypassing the Court of Appeal. This was a significant legal question as it involved the interpretation of the Supreme Court Act 2003 and the precedent set by previous cases such as Clark v R.

The Supreme Court considered whether the case presented exceptional circumstances warranting direct appeal to the Supreme Court, which typically only occurs in cases with unique or highly significant legal issues. The Court noted that while leave could be granted if the case involved an appeal from the Court of Appeal, the present application did not meet the threshold for such exceptional circumstances. The Court emphasised the importance of obtaining the views of the Court of Appeal on the issues before allowing a direct appeal to the Supreme Court. Consequently, the Court concluded that the application did not establish the necessary exceptional circumstances, and therefore, leave to appeal was refused.

In summary, the Supreme Court dismissed Alfred Taenga Mata's application for leave to appeal directly to the Court. The Court found that the case did not present exceptional circumstances that would justify bypassing the Court of Appeal. The applicant's request was denied, and the decision of the District Court at Manukau, which allowed the evidence of alleged "propensity" to be admitted, remained in effect pending further proceedings.

CaseChat Overview and Summary

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Legal Principle Established