Appeal bid rejected for woman who stalked, harassed ex for 13 years

Kerryn Mitchell appealed in the High Court at Wellington yesterday. Photo / File

A woman with an "unhealthy fixation" on her ex partner who subjected him to a "13-year-long campaign of intimidation and abuse" has been denied a second appeal against her sentence.

Kerryn Mitchell's offending against her ex included sending him a stick figure drawing from prison that was so explicit she was charged with attempting to make a death threat.

The 51-year-old also "terrorised" the man's current wife and was jailed for more than a decade.

Mitchell appealed her conviction and sentence but that bid was overturned.

She then sought leave to mount a second appeal.

That was rejected and the Court of Appeal released its decision today.

"The Criminal Procedure Act prohibits this court from giving leave for a second appeal unless it is satisfied that the appeal involves a matter of general or public importance or a miscarriage of justice may have occurred or may occur unless the appeal is heard," said Justice Simon Moore in the decision.

"The threshold is high... an appeal will give rise to an issue of general or public importance if, for example, it raises an issue of general principle or of general importance in the administration of the criminal law, or raises a question of law that has broad application beyond the circumstances of the particular case."

Justice Moore said none of the reasons outlined by Mitchell in her notice of appeal regarding her conviction related to matters of public or general importance. In particular, the meaning of "occupied by any protected person".

"It is neither an issue of general principle nor a matter of general importance in the administration of the criminal law," he said.

"Its application does not extend beyond the circumstances of this particular case."

He said leave to appeal against her sentence was dismissed on the same basis.

"The application for leave to bring a second appeal is declined," he ruled.

Mitchell was jailed after the offending in early 2019.

Her victims were overseas on a holiday.

Mitchell was spotted on CCTV entering their backyard late at night and trying door handles at the rear entrance to the house.

She denied trying the door handles and said she was just there to visit the cats.

Mitchell did not know there were houses sitters who called police. Mitchell fled the scene and was found crouching in another house's front yard.

It is not her first offence.

Previous offending includes sending the stick figure illustration, numerous letters from prison, and visiting the victim's home about 11.30 one night, armed with a tyre iron, smashing most of the accessible windows in his house.

The court heard Mitchell had a brief relationship with the victim which ended in the mid 2000s.