Gorgus v R

[2016] NZSC 161

IN THE SUPREME COURT OF NEW ZEALAND

SC 125/2016
[2016] NZSC 161

BETWEEN	ASHOR GORGUS Applicant
AND	THE QUEEN Respondent

Court:	Glazebrook, OʼRegan and Ellen France JJ
Counsel:	Applicant in person K S Grau for the Respondent
Judgment:	7 December 2016

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS

1. Mr Gorgus was sentenced in the District Court at Auckland to four years and one months imprisonment, having pleaded guilty to a number of charges including burglary, wilful damage and two charges of possession of utensils for methamphetamine use.[1]

   [1]R v Gorgus [2015] NZDC 20428 (Judge Dawson).

2. His appeal was dismissed by the High Court.[2]  The Court of Appeal declined Mr Gorgus’ application for leave to bring a second appeal.[3]

   [2]Gorgus v Police [2015] NZHC 3127 (Muir J).

   [3]Gorgus v R [2016] NZCA 508 (Harrison, Brown and Brewer JJ).

3. There is no jurisdiction for this Court to grant leave to appeal against a decision of the Court of Appeal declining leave to appeal.[4]  This means that the application for leave to appeal must be dismissed for want of jurisdiction.

   [4]Pursuant to section 213(3) of the Criminal Procedure Act 2011.

Solicitors:
Crown Law Office, Wellington for Respondent