Allison v The Queen

Brett Lionel Allison appealed against his conviction for money laundering before the Supreme Court of New Zealand. The trial court had found him guilty of laundering the proceeds of his manufacture of methamphetamine, a serious offence under the repealed s 257A(2) of the Crimes Act 1961. The central issues were whether the trial judge could lawfully convict the appellant of the serious offence without a separate charge and jury trial for that offence, and if a miscarriage of justice had occurred or might occur. The appellant raised these points for the first time in the Supreme Court, despite their lack of general or public importance and the fact that the statutory provision in question had been repealed and replaced.

The Supreme Court found that the appellant's point was not of general or public importance as it pertained to the interpretation of a repealed statute. Furthermore, the court was not persuaded that a substantial miscarriage of justice had occurred or might occur, as there was no basis to conclude that the trial judge was not entitled to find the appellant guilty of the serious offence of manufacturing methamphetamine. The Supreme Court held that it was not necessary in the interests of justice to hear and determine the proposed appeal, and dismissed the application for leave to appeal under s 13(1) of the Supreme Court Act 2003.

In light of the dismissal of the application for leave to appeal, the Supreme Court did not make any specific orders beyond the dismissal. The conviction for money laundering and the associated sentence remained in place, as no new grounds for appeal were found to be of sufficient importance or merit to warrant further consideration by the Supreme Court.