Dean McArthur Keown v The Queen
[2011] NZSC 7
•16 February 2011
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 115/2010 [2011] NZSC 7 |
| DEAN MCARTHUR KEOWN |
| v |
| THE QUEEN |
| Court: Elias CJ, Tipping and McGrath JJ |
| Counsel: A J Bailey and M Starling for Applicant |
| Judgment: 16 February 2011 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
REASONS
The applicant seeks leave to appeal against a judgment of the Court of Appeal in relation to his appeal against sentence on drug charges.[1] The ground of the proposed appeal to this Court concerns the allowance made by the Court of Appeal in his sentence for the time the applicant spent on electronically monitored bail while on remand. The Court of Appeal had declined to draw analogies between electronically monitored bail and home detention and confirmed earlier sentencing decisions, which indicated that sentencing judges should take a flexible approach to allowances for time spent on electronically monitored bail taking into account all relevant circumstances.
[1][2010] NZCA 492.
In light of this Court’s judgment in R v Hessell,[2] we see no arguable basis for argument that a more structured approach should be taken to sentencing those who have been on electronically monitored bail. We are also satisfied that there is no basis for the proposed contention that there was a miscarriage of justice in the circumstances of this particular case.
[2][2010] NZSC 135; [2010] 24 CRNZ 966 (SC).
Accordingly the application for leave to appeal is dismissed.
Solicitors:
Crown Law Office, Wellington