IN THE Supreme court OF new Zealand

I TE KŌTI MANA NUI	
 SC 13/2020
 [2020] NZSC 112	

	
BETWEEN	
DAVID SIMON BARTON
Applicant	
	
AND	
THE QUEEN
Respondent	

Court:	
Glazebrook, Ellen France and Williams JJ	

Counsel:	
Applicant in person 	

Judgment:	
16 October 2020 	

JUDGMENT OF THE COURT

The second application for recall of this Court’s judgment of 21 August 2020 (Barton v R [2020] NZSC 84) is dismissed.
____________________________________________________________________

REASONS
[1]	On 31 August 2020, this Court dismissed Mr Barton’s application for recall of this Court’s leave judgment of 21 August 2020.
[2]	Mr Barton now applies for recall of both the recall and leave judgments. 
[3]	Mr Barton effectively repeats his submissions he made earlier that were rejected.  They do not, therefore, provide a ground for recall.
[4]	There was one new submission raised: Mr Barton’s request for a determination on s 17 of the Crimes Act 1961, which provides that no offender shall be sentenced to solitary confinement.  Mr Barton says he spent ten weeks from 25 March 2020 in solitary confinement due to Covid-19 restrictions.  Mr Barton was not, however, sentenced to solitary confinement.  He was sentenced to three years, two months and two weeks’ imprisonment.  Failure of his counsel to draw the Court’s attention to s 17 of the Crimes Act 1961 therefore does not provide a ground for recall. 
[5]	The second application for recall of this Court’s judgment of 21 August 2020 is therefore dismissed. 
[6]	We direct the Registrar to reject any further application for recall of the leave judgment of 21 August 2020 and for the recall of the recall judgments, including this judgment.