Paul Joseph Cameron v The Queen

[2008] NZSC 60

IN THE SUPREME COURT OF NEW ZEALAND

SC 30/2008
[2008] NZSC 60

PAUL JOSEPH CAMERON

v

THE QUEEN

Court:Blanchard, Tipping and Wilson JJ

Counsel:D J Sharp for Applicant

S Mount for Crown

Judgment:1 August 2008 

JUDGMENT OF THE COURT

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.

REASONS

[1]       The applicant seeks leave to bring a “leapfrog” appeal directly from the High Court against his conviction for murder.  Prior to the trial the Court of Appeal determined on an appeal under s 379A of the Crimes Act 1961 that certain evidence of admissions made by the applicant to an undercover officer was admissible at the trial.

[2]       The applicant now wishes to argue in this Court that the Court of Appeal’s pre-trial ruling was in error.  It can be accepted for present purposes that the ruling concerned a matter which is of public or general importance, but the applicant seeks to bring with it to this Court certain other issues which appear not previously to have been advanced in and considered by the Court of Appeal.

[3]       In these circumstances it is not appropriate that there should be a direct appeal bypassing the Court of Appeal.  It is undesirable that this Court should be called upon to determine these other questions without having the benefit of the views of the Court of Appeal upon them, together with its further appraisal of its earlier ruling in the light of the full factual setting of the evidence at trial.

Solicitors:
Burnard Bull & Co, Gisborne for Applicant
Crown Law Office, Wellington