S (SC 39/2017) v The the Queen

[2022] NZSC 57

NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 39/2017
 [2022] NZSC 57

BETWEEN	S (SC 39/2017) Applicant
AND	THE QUEEN Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	Applicant in person R E King for Respondent
Judgment:	10 May 2022

JUDGMENT OF THE COURT

AThe application for recall of this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.

BWe direct the Registrar to reject any further applications related to this Court’s judgment of 16 November 2017.

____________________________________________________________________

REASONS

1. Mr S has filed an application to recall this Court’s judgment of 16 November 2017.[1]  That judgment dismissed his application for leave to appeal against a Court of Appeal judgment dismissing his appeal against conviction for sexual offending against a young family member.[2]

   [1]S (SC 39/2017) v R [2017] NZSC 169 (Elias CJ, William Young and O’Regan JJ).

   [2]S (CA361/2010) v R [2013] NZCA 179 (Stevens, Allan and Clifford JJ).

2. Mr S has applied to recall this Court’s judgment previously.  That application was dismissed on 17 February 2022.[3]  He has also unsuccessfully sought to have the judgment of the Court of Appeal recalled on more than one occasion and advanced other challenges to his conviction.[4] 

   [3]S (SC 39/2017) v R [2022] NZSC 7 (Glazebrook, O’Regan and Ellen France JJ).

   [4]S (CA361/2010) v R [2013] NZCA 359 (first recall); S (CA361/2010) v R [2015] NZCA 259 (second recall); and S (CA361/2010) v R [2015] NZCA 358 (third recall).

3. Mr S’s current application for recall essentially raises the same grounds raised in his previous recall application.  Those have already been considered and rejected by this Court.[5]  

Result

[5]Recall applications cannot be used to relitigate the reasons provided in the leave judgment: Nuku v District Court at Auckland [2018] NZSC 39 at [2].

1. The application to recall this Court’s judgment of 16 November 2017 (S (SC 39/2017) v R) is dismissed.  

2. We direct the Registrar to reject any further applications related to this Court’s judgment of 16 November 2017.  Such applications would be an abuse of process.

Solicitors:
Crown Law Office, Wellington for Respondent