Jason Mark Ferguson v The Queen - SC 13/2013

Appeal – Crimes Act 1961 – Criminal Procedure (Mentally Impaired Persons) Act 2003 – Appeal against sentence – Whether the Court of Appeal erred in refusing to grant an extension of time to appeal against sentence – Whether in light of the Criminal Procedure (Mentally Impaired Persons) Act 2003, which is expressly retrospective, prisoners with recognised intellectual disabilities who were sentenced prior to that Act entering into force are entitled to be resentenced and eligible for detention in intellectual disability care under s 34(1)(b)(ii) of that Act – Whether the appellant, as a prisoner with a recognised intellectual disability is entitled to the benefit of that law change and should, instead of being sentenced to life imprisonment, be detained in compulsory intellectual disability care – Whether the sentencing court and Court of Appeal failed to understand and consider the appellant’s intellectual disability[2012] NZCA 581  CA 162/2011