Robert Alfred Stevenson v Chief Executive of the Department of Corrections

[2014] NZSC 128

IN THE SUPREME COURT OF NEW ZEALAND

SC 66/2014
[2014] NZSC 128

BETWEEN	ROBERT ALFRED STEVENSON Applicant
AND	CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent

Court:	McGrath, Glazebrook and Arnold JJ
Counsel:	Applicant in Person
Judgment:	18 September 2014

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS

1. The applicant is serving a sentence of sixteen years’ imprisonment following his conviction for sexual offending.  His appeal against conviction was dismissed by the Court of Appeal.[1]  He did not seek leave to bring a further appeal but has sought to challenge his imprisonment by twice applying for writs of habeas corpus.  These applications were dismissed by the High Court[2] whose decisions were upheld by the Court of Appeal.[3]  This Court dismissed an application for leave to appeal against that judgment, holding that the habeas corpus applications were misconceived.[4]

   [1]S v R [2013] NZCA 179.

   [2]S v Chief Executive of Department for Corrections [2014] NZHC 1157; and Stevenson v Attorney-General [2014] NZHC 1232.

   [3]Stevenson vChief Executive of the Department of Corrections [2014] NZCA 308.

   [4]Stevenson v Chief Executive of the Department of Corrections [2014] NZSC 120 at [5].

2. The applicant now seeks recall of this Court’s judgment on the ground that it is in error and contrary to statutory and case law.  He does not however advance any tenable basis for the Court to recall the judgment.  The application for recall is accordingly dismissed.