W (SC 137/2010) v The Queen
[2017] NZSC 195
•19 December 2017
| NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 137/2010 [2017] NZSC 195 |
| BETWEEN | W (SC 137/2010) |
| AND | THE QUEEN |
| Court: | William Young, OʼRegan and Ellen France JJ |
Counsel: | Applicant in person |
Judgment: | 19 December 2017 |
JUDGMENT OF THE COURT
The application for recall is dismissed.
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REASONS
The applicant has applied (by a letter received on 1 November 2017) for the recall of the judgment of this Court delivered on 8 March 2011 dismissing his application for leave to appeal against a judgment of the Court of Appeal against conviction and sentence.[1] The grounds of the recall application were stated in very general terms and involve allegations against the conduct of the prosecution, the applicant’s counsel, the primary Crown witness, someone said to be a friend of that witness, a District Health Board and the police. It was indicated that sworn affidavits and new evidence would be produced.
[1]W v R [2011] NZSC 13.
In a minute issued on 22 November 2017, William Young J noted:
[2] The letter in support of the recall application alleges misconduct on the part of a number of those involved in the prosecution (including the applicant’s former lawyer). But no evidence substantiating these allegations has been provided.
[3] If the applicant wishes to submit additional material by way of substantiation of his complaints, he is to do so by 15 December 2017.
No additional material has been submitted.
A substantiated basis for the recall of the earlier judgment not having been made out, the recall application is dismissed.
Solicitors:
Crown Law Office, Wellington for Respondent
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