Reuben v Police
[2018] NZCA 577
•13 December 2018 at 11.00 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA548/2018 [2018] NZCA 577 |
| BETWEEN | STEWART CLIFTON REUBEN |
| AND | NEW ZEALAND POLICE |
| Counsel: | Applicant in person |
Judgment: | 13 December 2018 at 11.00 am |
JUDGMENT OF WILLIAMS J
The application to suspend sentence is declined.
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REASONS
Mr Reuben applies for leave to appeal against conviction. The application was due to be heard on 28 November 2018 but Mr Reuben sought and was granted an adjournment to allow him to file late submissions. No further hearing date has been set. Meanwhile the sentence imposed by Judge Connell in the District Court in relation to the conviction (two counts of contravention of a protection order and one count of unlawful conversion of a motor vehicle) has long since been served (although the applicant may still be subject to release conditions in respect of other offending not related to the current application for leave).[1] This was addressed by Toogood J when the matter came before him on first appeal.[2]
[1]Police v Reuben [2017] NZDC 25565.
[2]Reuben v Police [2018] NZHC 1870 at [1].
Mr Reuben has now applied for suspension of his sentence pending final determination of his appeal. This application may be dealt with by a single judge.[3]
[3]Criminal Procedure Act 2011, s 333(4).
Given the background to this matter there is no basis upon which such application could be granted. There is no longer a sentence to suspend. The relevant sentence is spent and delay in dealing with the matter has been the result of Mr Reuben’s own desire that hearing be delayed. All that remains is the question of whether the conviction should be upheld.
Result
The application to suspend sentence is declined accordingly.
Solicitors:
Crown Law Office, Wellington for the Respondent
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