Butcher v Chief Executive of the Department of Corrections

[2019] NZHC 6

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-24

[2019] NZHC 6

BETWEEN

CARL BUTCHER

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:

11 January 2019

Appearances:

Applicant in person

Z R Johnston for Respondent

Judgment:

11 January 2019

JUDGMENT OF LANG J

[on application for a writ of habeas corpus]

This judgment was delivered by me on 11 January 2019 at 12.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

BUTCHER v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 6 [11 January 2019]

[1]        Mr Butcher is currently serving a sentence of three years three months imprisonment imposed in the Auckland District Court on 16 January 2018 following his conviction on four charges of assault with a weapon. Mr Butcher now applies for a writ of habeas corpus so that he can be released from prison.

[2]        Counsel for the respondent has provided me with a copy of the warrant of commitment signed by Judge Field on 16 January 2018. The warrant appears to be in order, and there is no reason to consider it may be invalid.

[3]        Mr Butcher has endeavoured to persuade me that he has substantive grounds to appeal against his conviction, but those issues will need to await the hearing of Mr Butcher’s appeal in the Court of Appeal in March 2019. As I endeavoured to explain to Mr Butcher during the hearing, I cannot go behind a valid warrant of commitment.

[4]        I note that Mr Butcher applied to the Court of Appeal for a grant of bail, but this was declined on 28 September 2018.1

[5]        Mr Butcher has also endeavoured to raise issues he is encountering in preparing for his appeal. This Court has no jurisdiction to become involved in the appeal process. Any issues Mr Butcher wishes to raise regarding his preparation for the appeal will need to be raised with the Court of Appeal.

[6]The application is dismissed.

Lang J

Solicitors:

Crown Solicitor, Auckland

1      Butcher v R [2018] NZCA 392.