Allen Louis Harriman v The Queen

[2008] NZSC 62

IN THE SUPREME COURT OF NEW ZEALAND

SC 28/2008
[2008] NZSC 62

ALLEN LOUIS HARRIMAN

v

THE QUEEN

Court:Blanchard, Tipping and McGrath JJ

Counsel:Applicant in Person

A Markham and L Van Dam for Crown

Judgment:7 August 2008 

JUDGMENT OF THE COURT

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.

REASONS

[1]       The applicant has sought leave to appeal against the Court of Appeal’s dismissal of his appeal against conviction and sentence on charges of importing, possessing for supply and conspiring to supply certain class A and B drugs.  He had pleaded guilty to some other drug charges and was sentenced for those also.  The effective sentence was one of 12 years imprisonment with a minimum period before release of six years six months.

[2]       His submissions in support of the application have been considered.  They traverse a number of proposed grounds of appeal but each is specific to the facts of the particular case and no question of general or public importance is raised.  Nor are we persuaded that a miscarriage of justice may have occurred from the admission of the evidence to which the applicant has referred or from the trial Judge’s summing up or from any other circumstance mentioned by the applicant.

[3]       No question of principle is engaged by the proposed sentence appeal.  The Court of Appeal has confirmed the sentence as one which was open to the trial Judge and nothing raised by the applicant provides any basis for a further review by this Court.

Solicitors:
Crown Law Office, Wellington