B v Police HC Nelson CRI-2009-442-189

[2010] NZHC 1320

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2009-442-189

B

v

NEW ZEALAND POLICE

On the papers

Counsel:         Appellant in person

C Stevenson for the respondent

Judgment:      2 August 2010

JUDGMENT OF MALLON J (Completion of judgment delivered on 5 July 2010)

[1]      I refer to my judgment in this matter delivered on 5 July 2010.  I have now received responses from the parties.  Mr B   has written a letter advising that he does want a rehearing and his conviction and sentence quashed.  The respondent submits that the application for leave to appeal should be dismissed and advises that the respondent would not oppose an application made by B   for rehearing if it were confined to sentence only.

[2]      I now formally dismiss Mr B  ’s application for leave to appeal to the

Court of Appeal.  If the grounds set out in s 144 of the Summary Proceedings Act are not made out there is no basis on which the application for leave to appeal can be

B V NEW ZEALAND POLICE HC NEL CRI-2009-442-189  2 August 2010

granted.  For the reasons set out in my judgment of 5 July 2010, the grounds are not made out.

[3]      Mr B   can make an application to the District Court for a rehearing under  s  75  of  the  Summary  Proceedings  Act.    That  application  can  relate  to conviction and sentence.   The respondent has advised that it will not oppose any such application in relation to sentence.  It is for Mr B   to decide whether he wishes to pursue an application for rehearing in respect of both conviction and sentence or just sentence.

Mallon J

Solicitors:

C Stevenson, Pitt & Moore, Nelson, email: [email protected]