Barton v The Queen
[2020] NZSC 112
•16 October 2020
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 13/2020 [2020] NZSC 112 |
| BETWEEN | DAVID SIMON BARTON |
| AND | THE QUEEN |
| Court: | Glazebrook, Ellen France and Williams JJ |
Counsel: | Applicant in person |
Judgment: | 16 October 2020 |
JUDGMENT OF THE COURT
The second application for recall of this Court’s judgment of 21 August 2020 (Barton v R [2020] NZSC 84) is dismissed.
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REASONS
On 31 August 2020, this Court dismissed Mr Barton’s application for recall of this Court’s leave judgment of 21 August 2020.[1]
[1]Barton v R [2020] NZSC 87 (Glazebrook, Ellen France and Williams JJ); and Barton v R [2020] NZSC 84 (Glazebrook, Ellen France and Williams JJ).
Mr Barton now applies for recall of both the recall and leave judgments.
Mr Barton effectively repeats his submissions he made earlier that were rejected. They do not, therefore, provide a ground for recall.[2]
[2]Uhrle v R [2020] NZSC 62 at [29].
There was one new submission raised: Mr Barton’s request for a determination on s 17 of the Crimes Act 1961, which provides that no offender shall be sentenced to solitary confinement. Mr Barton says he spent ten weeks from 25 March 2020 in solitary confinement due to Covid-19 restrictions. Mr Barton was not, however, sentenced to solitary confinement. He was sentenced to three years, two months and two weeks’ imprisonment.[3] Failure of his counsel to draw the Court’s attention to s 17 of the Crimes Act 1961 therefore does not provide a ground for recall.
[3]R v Barton [2018] NZDC 17502 at [46]. Conditions of imprisonment including related to Covid-19 restrictions may be relevant in other contexts.
The second application for recall of this Court’s judgment of 21 August 2020 is therefore dismissed.
We direct the Registrar to reject any further application for recall of the leave judgment of 21 August 2020 and for the recall of the recall judgments, including this judgment.
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