Number of times consent to appeal against sentence has been granted/declined
Joshua Grainger made this Official Information request to Crown Law Office
The request was successful.
From: Joshua Grainger
Dear Crown Law Office,
I would like to make a request under the Official Information Act relating to a prosecutor's right to appeal against sentence under s246 of the Criminal Procedure Act. I would like to request for the last year:
* how many times consent to appeal against sentence has been granted by the Solicitor-General; and
* upon application by a prosecutor how many times consent to appeal against sentence has been denied by the Solicitor-General
I am aware that s246 of the CPA only came into force earlier this year, but as far as I am aware, the consent to appeal sentence was still needed before the CPA was in place, and so I was hoping that information using the previous legislation could not be excluded from my request.
I am aware that the Solicitor-General is not covered by the OIA, and I am not sure if the Crown Law Office could be said to 'hold' this information as it relates to a function of the Solicitor-General, but I was hoping that Crown Law may consider in their discretion collecting this information anyway.
Let me know if there is anyway for me to clarify my request to help you.
Yours faithfully,
Joshua Grainger
From: Charlotte Brook
Crown Law Office
FW Official Information Act request Number of times consent to appeal against sentence has been granted declined.txt
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Dear Mr Grainger
I have been forwarded your request for information (attached).
I would be grateful for some clarification of your request to make sure we
provide you with the correct information. You have not specified any
particular timeframe that you are interested in. Would you be happy for
us to provide you with the number of applications for consent (and
outcomes) for the financial year ending 30 June 2013? Otherwise please
specify a period of time for which you seek the information. We won’t
limit your request to requests made under the Criminal Procedure Act 2011
(CPA), whatever period you select. I don’t actually think there have been
any requests under the CPA yet in any event (but will check).
Secondly, your request is for information about applications for the
Solicitor-General’s consent to file an appeal against sentence. That will
cover only appeals against sentence in non-Crown prosecutions (previously
known as summary prosecutions). Agencies do not apply for consent from
the Solicitor-General to appeal sentences imposed in Crown prosecutions
(previously known as indictable prosecutions) because in such cases the
Solicitor-General files the appeal, not the prosecuting agency. Are you
interested in all sentence appeals or only those commenced by prosecuting
agencies themselves?
I look forward to hearing from you.
Kind regards,
Charlotte Brook
Crown Counsel
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5609
Mob: +64 27 702 4882
Fax: +64 4 473 3482
[1]www.crownlaw.govt.nz
Please note that I am only in the office on Mondays, Wednesdays &
Thursdays.
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From: Joshua Grainger
Dear Charlotte Brook,
Thanks for getting back to me so quickly. In response to your queries:
1) whatever time period works best for you is okay with me: if it is the financial year ending 30 June that is great.
2) Oops, my apologies, I didn't realize this: in my haste to find the right section of legislation I must have skipped over something. I would prefer if possible all sentencing appeals rather than just appeals about sentencing in summary prosecutions.
Yours sincerely,
Joshua Grainger
From: Charlotte Brook
Crown Law Office
Dear Mr Grainger
Thank you for the prompt reply. You will receive a response to your request within the statutory timeframes.
Kind regards
Charlotte Brook
________________________________________
From: Joshua Grainger [[OIA #1271 email]]
Sent: 04 November 2013 15:11
To: Charlotte Brook
Subject: Re: OIA Request: Sentence appeals
Dear Charlotte Brook,
Thanks for getting back to me so quickly. In response to your
queries:
1) whatever time period works best for you is okay with me: if it
is the financial year ending 30 June that is great.
2) Oops, my apologies, I didn't realize this: in my haste to find
the right section of legislation I must have skipped over
something. I would prefer if possible all sentencing appeals rather
than just appeals about sentencing in summary prosecutions.
Yours sincerely,
Joshua Grainger
-----Original Message-----
Dear Mr Grainger
I have been forwarded your request for information (attached).
I would be grateful for some clarification of your request to make
sure we
provide you with the correct information. You have not specified
any
particular timeframe that you are interested in. Would you be
happy for
us to provide you with the number of applications for consent (and
outcomes) for the financial year ending 30 June 2013? Otherwise
please
specify a period of time for which you seek the information. We
won’t
limit your request to requests made under the Criminal Procedure
Act 2011
(CPA), whatever period you select. I don’t actually think there
have been
any requests under the CPA yet in any event (but will check).
Secondly, your request is for information about applications for
the
Solicitor-General’s consent to file an appeal against sentence.
That will
cover only appeals against sentence in non-Crown prosecutions
(previously
known as summary prosecutions). Agencies do not apply for consent
from
the Solicitor-General to appeal sentences imposed in Crown
prosecutions
(previously known as indictable prosecutions) because in such
cases the
Solicitor-General files the appeal, not the prosecuting agency.
Are you
interested in all sentence appeals or only those commenced by
prosecuting
agencies themselves?
I look forward to hearing from you.
Kind regards,
Charlotte Brook
Crown Counsel
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5609
Mob: +64 27 702 4882
Fax: +64 4 473 3482
[1]www.crownlaw.govt.nz
Please note that I am only in the office on Mondays, Wednesdays &
Thursdays.
References
Visible links
1. file:///tmp/www.crownlaw.govt.nz
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From: Mark Lillico
Crown Law Office
Hello Mr Grainger
We advise that 10 appeals against sentence were filed by the
Solicitor-General in the 2012/2013 year.
In terms of your other questions, we are having a report prepared but it
will not be available by 2 December. We anticipate that it will be
available in time for an answer to you by 9 December.
We give notice that we are extending the time for responding to your
request for the above reason.
You have the right, under section [1]28(3) of the Official Information
Act, to make a complaint to an Ombudsman about this extension.
Yours faithfully
Mark Lillico
Team Manager, Criminal Team
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5686
M: +64 0274898885
F: +64 4 473 3482
[2]www.crownlaw.govt.nz
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From: Mark Lillico
Crown Law Office
Hello Mr Grainger
We regret that our answer to you will not be available today. The report
we had prepared was missing some data and we now have to look at the
original files to find it.
We give notice that we are further extending the time to 16 December 2013
for responding to your request for the above reason.
You have the right, under section [1]28(3) of the Official Information
Act, to make a complaint to an Ombudsman about this extension.
Yours faithfully
Mark Lillico
Team Manager, Criminal Team
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5686
M: +64 0274898885
F: +64 4 473 3482
[2]www.crownlaw.govt.nz
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From: Mark Lillico
Crown Law Office
Hello Mr Grainger
We have now had a look at the original files and can advise that in the
last 12 months we have had:
High Court sentence appeal requests received: 17
High Court sentence appeal requests granted: 8
Court of Appeal sentence appeal requests received: 22
Court of Appeal sentence appeal requests granted: 1
Please note the revised High Court figure.
Yours faithfully
Mark Lillico
Team Manager, Criminal Team
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5686
M: +64 0274898885
F: +64 4 473 3482
[1]www.crownlaw.govt.nz
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confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
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From: Mark Lillico
Crown Law Office
My apologies – these figures are for the last financial year, not the last
“12 months”.
From: Mark Lillico
Sent: Tuesday, 10 December 2013 9:39
To: '[OIA #1271 email]'
Cc: Charlotte Brook; Rhiain McGrath; Michelle Brown
Subject: Official Information Act request
Hello Mr Grainger
We have now had a look at the original files and can advise that in the
last 12 months we have had:
High Court sentence appeal requests received: 17
High Court sentence appeal requests granted: 8
Court of Appeal sentence appeal requests received: 22
Court of Appeal sentence appeal requests granted: 1
Please note the revised High Court figure.
Yours faithfully
Mark Lillico
Team Manager, Criminal Team
Crown Law Te Tari Ture o te Karauna
DDI: +64 4 494 5686
M: +64 0274898885
F: +64 4 473 3482
[1]www.crownlaw.govt.nz
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Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
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