P (SC 97/2024) v The King

[2025] NZSC 7

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 97/2024
 [2025] NZSC 7

BETWEEN	P (SC 97/2024) Applicant
AND	THE KING Respondent

Court:	Williams, Kós and Miller JJ
Counsel:	Applicant in person A J Ewing for Respondent
Judgment:	28 February 2025

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS

1. On 27 August 2024, the applicant filed a notice of application for leave to appeal his sentence[1] following an unsuccessful appeal to the Court of Appeal.[2]  The applicant has permanent name suppression.[3]  The applicant’s submissions were due on 24 September 2024, but no submissions were filed.   

   [1]R v P [2020] NZHC 1383 [HC sentencing notes].

   [2]P (CA380/2020) v R [2021] NZCA 198.

   [3]HC sentencing notes, above n 1, at [78].

2. On 5 December 2024, this Court issued a minute warning that the appeal would be dismissed under s 338 of the Criminal Procedure Act 2011 unless the applicant filed submissions within 15 working days from the date the minute was received by him.[4]   A proof of service document was received by the Court confirming the applicant (who is currently in prison) was served with the minute on 6 December 2024.  The 15 working day window expired on 20 January 2025.[5]  The applicant has not filed any submissions nor responded to the minute.

   [4]P v R SC 97/2024, 5 December 2024 (Minute of Williams J) at [3(b)]. Note that s 338(2) of the Criminal Procedure Act 2011 only requires the Court to give 10 working days’ notice.

   [5]Senior Courts Act 2016, s 4 definition of “working day”. 

3. The applicant’s submissions are now more than four months out of time.  Given the assurance that the applicant has received the Court’s minute, we are satisfied that the application for leave should be dismissed under s 338 of the Criminal Procedure Act 2011. 

4. The application for leave to appeal is dismissed.

Solicitors:
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent