Ian Kenneth McMillan v The Queen - SC 70/2007

Criminal – appeal against sentence – applicant sentenced to preventive detention in 1995 – unsuccessful appeal to Court of Appeal in 1995 – sought rehearing of appeal in 2005 – Court of Appeal dismissed appeal on rehearing – whether Court of Appeal erred in not considering whether New Zealand regime of preventive detention is in breach of the New Zealand Bill of Rights Act 1990 and/or the International Covenant on Civil and Political Rights – whether Court of Appeal erred in not granting a declaration (R v Hansen (2007) 23 CRNZ 104) – jurisdiction in criminal case to grant declaration of inconsistency with NZBORA and/or ICCPR – whether preventive detention breaches ss 9, 22, 23 and 25 of NZBORA and/or arts 7, 9, 10, 14 and 15 of ICCPR – whether treatment of applicant by New Zealand Courts has breached his rights under ss 25(a), 24(a), 19, and/or 22 of NZBORA – whether applicant was lawfully committed to the High Court for sentence – whether Court of Appeal erred in not substituting a finite sentence.[2007] NZCA 394 CA 110/05 7 September 2007