Robert Frank Terry v The Queen

IN THE SUPREME COURT OF NEW ZEALAND
SC 45/2007
[2007] NZSC 71
ROBERT FRANK TERRY
v
THE QUEEN
Court:Tipping, McGrath and Anderson JJ
Counsel:Appellant in person

S B Edwards for Crown

Judgment:31 August 2007

JUDGMENT OF THE COURT

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.

REASONS
[1]       This application for leave to appeal raises no point of general or public importance. The grounds relied on are, in any event, forlorn. There is no appearance of any substantial miscarriage of justice.
[2]       After an earlier mis-trial, Mr Terry pleaded guilty to a charge of threatening to kill. Notwithstanding his plea, he appealed to the Court of Appeal against the conviction. He also appealed against the sentence imposed upon him which was a direction that he enter into a bond to keep the peace for 12 months. These appeals were dismissed by the Court of Appeal.
[3]       The first ground for the proposed appeal to this Court relates to the refusal of the District Court Judge, whose decision was upheld by the Court of Appeal, to direct the Crown to call the person who was the subject of the threat to kill. The plea of guilty makes this point moot. But, in any event, it stands no prospect of success.
[4]       The second ground relates to an order made suppressing the reasons for the mis‑trial. This point too is irrelevant to the conviction because of the plea and is, in any event, a hopeless one.
[5]       The third point relates to a sentence indication allegedly given to Mr Terry. The Court of Appeal resolved it against him on the facts. There is no public or general importance in the point.
[6]       The fourth and final point Mr Terry seeks to raise arises because the sentencing Judge took into account his previous convictions when deciding what sentence to impose. There is no possible basis for complaint about that.
[7]       For these reasons the application is dismissed.
Solicitors:
Crown Law Office, Wellington

CaseChat Overview and Summary

The Supreme Court of New Zealand dismissed Robert Frank Terry's application for leave to appeal his conviction and sentence for threatening to kill. Terry, who represented himself, had earlier pleaded guilty to the charge following a mistrial. He appealed to the Court of Appeal against both his conviction and the sentence of entering into a bond to keep the peace for 12 months. The Court of Appeal dismissed his appeals.

The legal issues Terry sought to raise in his application for leave to appeal included the District Court Judge's refusal to direct the Crown to call the person who was the subject of the threat to kill, the suppression of reasons for the mistrial, an alleged sentence indication given to Terry, and the sentencing Judge taking into account his previous convictions when deciding the sentence. The Court found that these issues were either moot, hopeless, or had no public or general importance.

The Court held that the plea of guilty rendered the first and second grounds moot. The third ground was resolved against Terry by the Court of Appeal on the facts, and there was no public or general importance in that point. The fourth ground, concerning the sentencing Judge taking into account Terry's previous convictions, had no possible basis for complaint. For these reasons, the application for leave to appeal was dismissed.

The Supreme Court's final order was that the application for leave to appeal was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established