| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA367/2014 [2014] NZCA 574 |
| BETWEEN | MICHAEL CHRISTOPHER CRUICKSHANK |
| AND | THE QUEEN |
| Hearing: | 15 October 2014 |
Court: | Harrison, Asher and Lang JJ |
Counsel: | E J Forster and W A Forster for Appellant |
Judgment: | 28 November 2014 at 11.15 am |
JUDGMENT OF THE COURT
AThe application for an extension of time to appeal the conviction is dismissed.
BThe application for an extension of time to appeal the sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Asher J)
Michael Christopher Cruickshank seeks extensions of time to appeal against his conviction and sentence for dishonestly and without claim of right using a medical certificate to obtain benefits under the Accident Compensation Act 2001.[1]
Background
[1]R v Cruickshank DC Auckland CRI-2007-044-4958, 21 July 2010 [Sentencing notes].
In 1995 Mr Cruickshank fell from a ladder while working. He suffered injuries to his hands, arms and neck, some of which were serious. Since then, he has received weekly payments from the Accident Compensation Corporation (ACC) on the basis that he has been unfit for work.
In order to claim the weekly payments from ACC, Mr Cruickshank provided ACC with medical certificates every 90 days or so, stating that he was unfit for work. We will refer to the terms of the medical certificates later.
One of those certificates was dated 28 October 2005. ACC later obtained information alleging that despite stating he was unfit to work Mr Cruickshank had carried out interior renovation work at a food court and at a residential property in Northcote between August and December 2005, for a Ms Parsons. As a result of this information, Mr Cruickshank was charged with one count of obtaining ownership or possession of benefits by deception and without claim of right,[2] and one count of dishonestly and without claim of right using a document, namely a medical certificate, with intent to obtain a pecuniary advantage or valuable consideration, being those benefits.[3]
The trial
[2]Crimes Act 1961, s 240(1)(a).
[3]Crimes Act, s 228(b).
Mr Cruickshank was tried by a jury in the Auckland District Court in April 2010. At the trial the Crown adduced evidence from eight witnesses to the effect that Mr Cruickshank had carried out interior renovation work for Ms Parsons at both the food court and at the residential property in Northcote. Ms Parsons gave evidence that Mr Cruickshank had done that work for her and that she paid him between $14,000 and $18,000.
Mr Cruickshank accepted that he had assisted Ms Parsons by picking up materials for her, cashing cheques and doing small amounts of work and giving her advice. However, he denied other aspects of the evidence, in particular receiving any money from her. He called five witnesses, all of whom in one way or another supported his claim that he did not receive payments and was not working for money for Ms Parsons.
At the end of the trial, on 19 April 2010,…
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- AGLC
- Cruickshank v The Queen [2014] NZCA 574
- Case
- [2014] NZCA 574
- Decision Date
CaseChat Overview and Summary
The court examined section 133(5) of the Accident Compensation Act, which pertains to the effect of reviews or appeals on decisions. The court concluded that this section does not apply to criminal proceedings, as it is concerned with civil matters under the Act. The court further found that the suggestion to delay the criminal proceedings on the grounds of fairness or good practice was unfounded. The court emphasised the importance of dealing with serious criminal allegations without delay, highlighting that criminal proceedings should take precedence over civil claims. The court referenced the principles articulated by Batt J in Australian Securities Commission v Kavanagh, which support the notion that criminal proceedings should be addressed first due to the serious nature of the allegations and the risk to personal liberty.
The court rejected the argument that the New Zealand Bill of Rights Act 1990 or the United Nations Convention on the Rights of Persons with Disabilities required or enabled a delay in the criminal proceedings. The court also noted the limited admissibility of District Court determinations in criminal proceedings under section 50(1) of the Evidence Act 2006. The court concluded that there was no legal basis to postpone the criminal proceedings pending the review process. The court did not need to determine the admissibility of a reviewer's decision in a criminal proceeding, although it observed that it would be "odd" if such a decision were admissible when a court's decision was not.
The final orders of the court were that the criminal proceedings should proceed without delay, and the suggestion to postpone them pending the outcome of the review process under the Accident Compensation Act was rejected.
Orders
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Background
Background to the litigation
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