Max John Beckham v The Queen

[2013] NZSC 70

IN THE SUPREME COURT OF NEW ZEALAND

SC18/2013
[2013] NZSC 70

BETWEEN	MAX JOHN BECKHAM Applicant
AND	THE QUEEN Respondent

Court:	McGrath, William Young and Glazebrook JJ
Counsel:	S J Mount for Applicant D J Boldt for Respondent
Judgment:	16 July 2013

JUDGMENT OF THE COURT

ALeave to appeal is granted.

BThe approved ground of appeal is:

Should the appellant have received a reduction in his sentence for the breach of his rights under the New Zealand Bill of Rights Act 1990?

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REASONS

1. In relation to the approved ground, counsel are expected to address whether sentence reduction is an available remedy.

2. At the commencement of the hearing of this appeal, the Court will hear oral argument on:

   (i)     whether the affidavit of the applicant in support of the application for leave to appeal (which contains material not put before the Court of Appeal) should be admitted.  If the applicant wishes to provide any evidence by way of explanation for the lateness of this affidavit, he must do so within three weeks;

   (ii)     whether leave to appeal against the findings of fact by the lower Court should be given.

The parties may address these matters in their written submissions in the appeal.

Solicitors:
Moala Merrick Ltd, Manukau for Applicant
Crown Law Office, Wellington for Respondent