Review Pursuant to Constitution, Section 155(2)(B) Application by Herman Joseph Leahy (2009) SC994

• Jurisdiction: Papua New Guinea
• Citation: (2009) SC994
• Date: 27 October 2009
• Docket Number: SCR NO 1 0F 2009
• Court: Supreme Court
• Year: 2009

Full Title: SCR NO 1 0F 2009; Review Pursuant to Constitution, Section 155(2)(B) Application by Herman Joseph Leahy (2009) SC994

Supreme Court: Batari J, Cannings J, Kariko J

Judgment Delivered: 27 October 2009

APPEALS AND REVIEWS—decision of National Court to allow amendment of indictment that had been presented under Criminal Code, Section 526—application for leave to seek review under s155(2)(b) Constitution—criteria to be satisfied.

The applicant applied for leave to seek review under Constitution, s155(2)(b) of a decision of the National Court to grant leave to the Public Prosecutor to amend an ex officio indictment, ie an indictment that had been presented under s526 of the Criminal Code.

Held:

(1) The decision of the National Court is reviewable by the Supreme Court under s155(2)(b) of the Constitution, there being no right of appeal and no other way the applicant could bring the matter to the Supreme Court provided that the applicant can show:

(a) there is an important point of law to be determined; and

(b) it is not without merit. (Supreme Court Review No 5 of 1987 Re Central Banking (Foreign Exchange & Gold) Regulations (Chapter No 138) [1987] PNGLR 433; Re Leahy (2006) SC855.

(2) The applicant satisfied both criteria and there being no abuse of process detected the Court exercised its discretion by...