| NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. |
| NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF WITNESSES UNDER 17 YEARS OF AGE PROHIBITED BY S 139A OF THE CRIMINAL JUSTICE ACT 1985. |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 49/2019 [2019] NZSC 83 |
| BETWEEN | PETER HUGH MCGREGOR ELLIS |
| AND | THE QUEEN |
| Court: | Glazebrook, O’Regan and Williams JJ |
Counsel: | R A Harrison for Applicant |
Judgment: | 31 July 2019 |
Reissued: | 7 October 2022 |
JUDGMENT OF THE COURT
AThe application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.
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REASONS
Introduction
Mr Ellis was convicted, after a trial in the High Court in Christchurch in 1993, of 16 counts of sexual offending against seven child complainants.[1] The complainants attended the Christchurch Civic Childcare Centre where Mr Ellis was employed. He was sentenced to 10 years’ imprisonment on 22 June 1993.[2]
[1]Mr Ellis was acquitted on a further nine charges. He was also discharged on three charges during the trial under s 347 of the Crimes Act 1961.
[2]R v Ellis HC Christchurch T9/93, 22 June 1993 (Williamson J).
Mr Ellis applies to this Court for leave to appeal against the decisions of the Court of Appeal[3] dismissing his appeal against conviction.[4] He also applies for an extension of time to make this application.
The trial
[3]As discussed below at [5], Mr Ellis had two appeals. His first was dismissed in 1994: R v Ellis (1994) 12 CRNZ 172 (CA) (Cooke P, Casey and Gault JJ) [First appeal judgment]. The second was dismissed in 1999: R v Ellis [2000] 1 NZLR 513 (CA) (Richardson P, Gault, Henry, Thomas and Tipping JJ) [Second appeal judgment].
[4]As the Court of Appeal dismissed Mr Ellis’ (second) appeal before 1 January 2004, a further appeal would ordinarily lie to the Privy Council: Supreme Court Act 2003, s 50(1); and Senior Courts Act 2016, sch 5, pt 1, cl 3(1). However, counsel for Mr Ellis and for the Crown have agreed in writing that Mr Ellis may seek the leave of this Court to appeal against his convictions: Supreme Court Act, s 50(2)(b); and Senior Courts Act, sch 5, pt 1, cl 3(2)(b).
At Mr Ellis’ trial the evidence-in-chief of the child complainants was given through pre-recorded evidential interviews. We understand that the complainants were aged between two and five years at the time of the alleged sexual offending, between five and a half and nine years during the evidential interviews and between six and a half and 10 years during the High Court trial.
There was also evidence given at trial of alleged behaviours exhibited by the complainants, including toileting and sleep-related difficulties, fear and dislike of Mr Ellis and other adult males,…
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- Ellis v R [2019] NZSC 83
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- [2019] NZSC 83
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CaseChat Overview and Summary
The Court issued orders for a telephone conference to be arranged between Glazebrook J and counsel to canvass arrangements for the hearing of the appeal, including whether Mr Ellis will apply for leave to adduce further evidence, whether the Crown objects to the admission at the appeal hearing of the affidavits filed in support of the application for leave to appeal, the approximate timeframe for the Crown to file its evidence in reply, a timetable for filing submissions, and the likely duration and timing of the appeal hearing.
Orders
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