B v Police HC Auckland CRI 2008-404-189

[2008] NZHC 1679

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-404-00189

B

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         30 October 2008

Counsel:         Z K Mohamed for Appellant

A R Longdill for Respondent

Judgment:      31 October 2008

JUDGMENT (No 2) OF KEANE J

This judgment was delivered by Justice Keane on 31 October 2008 at 3.30pm pursuant to Rule540(4) of the High Court Rules.

Registrar/ Deputy Registrar

Date:

Solicitors:

Z K Mohamed, P.O. Box 39119, Howick, Auckland

Crown Solicitor, Auckland

B V POLICE NO 2 HC AK CRI 2008-404-00189  31 October 2008

[1]      On 2 October 2008 I dismissed Warren B  ’s appeal against his conviction imposed on 19 June 2008 for driving with an excess breath alcohol level. He seeks leave to appeal my decision to the Court of Appeal.

[2]      The Judge in the District Court convicted Mr B   of the offence following an earlier decision of that Court, New Zealand Police v Gallichan (DC AK, CRN

0700-402-4242, 26 May 2008). I dismissed the appeal against that decision first: Gallichan v New Zealand Police (CRI 2008-404-184, 31 October 2008).  I then dismissed Mr B  ’s appeal also. His grounds of appeal were indistinguishable.

[3]      In his present application Mr B   seeks leave to pursue in the Court of Appeal five issues that Mr Gallichan has already sought leave to pursue. I have declined Mr Gallichan leave: Gallichan v New Zealand Police (CRI 2008-404-184,

31 October 2008). For the same reasons I decline Mr B  ’s application. None of the issues of law he seeks to pursue are of sufficient general or public importance, or have such other significance, as to be qualify for leave.

[4]      The  order  for  disqualification  to  which  Mr  B    is  subject,  presently suspended, will resume 24 hours after the date of the issue of this decision.

P.J. Keane  J