Terry v Department of Corrections HC Greymouth CRI-2011-418-004

[2011] NZHC 1414

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

CRI-2011-418-004

BETWEEN  ROBERT FRANK TERRY Appellant

ANDDEPARTMENT OF CORRECTIONS Respondent

Hearing:         21 October 2011 (On papers) (Heard at Wellington)

Judgment:      21 October 2011

JUDGMENT OF MILLER J

[1]      Before me is Mr Terry’s application for leave to appeal my judgment of 29

August 2011, in which was dismissed his appeal against conviction and sentence imposed by the District Court on 14 April 2011 for breach of community work.

[2]      Mr Terry’s application proceeds on a mistake of fact.  He asserts incorrectly that the District Court Judge cancelled his community work sentence on 14 April

2010, meaning that he could not possibly have failed to report on 26 August 2010, the date on which I accepted he must report pursuant to orders made by the Court of Appeal following an earlier appeal.

[3]      This error having been pointed out by the Crown, Mr Terry says that the wrong date was given in the Crown’s submissions dated 7 July 2011.   This typographical error, he appears to maintain, is enough in itself to justify leave to appeal.  He seeks an oral hearing.

[4]      Mr Terry’s application raises no question of law, still less one that is capable of bona fide and serious argument.  No purpose would be served by an oral hearing.

ROBERT FRANK TERRY V DEPARTMENT OF CORRECTIONS HC GRY CRI-2011-418-004 21 October

2011

[5]      The application is dismissed.

Miller J

Solicitors:

Crown Solicitor’s Office, Christchurch for Respondent