| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA689/2022 [2023] NZCA 291 |
| BETWEEN | SARAH BELL |
| AND | NEW ZEALAND POLICE |
| Court: | Cooper P, Moore, Fitzgerald JJ |
Counsel: | Applicant in person |
Judgment: | 11 July 2023 at 11.00 am |
JUDGMENT OF THE COURT
The application for leave to appeal pursuant to s 339 of the Criminal Procedure Act 2011 is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Fitzgerald J)
Introduction
Following a Judge-alone trial before Judge Rollo in the District Court, Miss Bell was found guilty of two charges of harassment and one charge of resisting a constable acting in the execution of his duty (the verdicts decision).[1]
[1]Police v Bell [2021] NZDC 17810 [Verdicts decision].
The harassment charges arose out of Miss Bell using her personal email and false email addresses to send frequent, unsolicited and at times threatening and insulting emails and text messages to two police employees. The third charge arose out of the execution of a search warrant at Miss Bell’s residential address in July 2020.
At trial, Miss Bell denied having sent the relevant text messages and emails. Judge Rollo rejected Miss Bell’s evidence as untruthful and unreliable.[2] He found the charges proved beyond reasonable doubt.[3] Miss Bell was directed to come up for sentence if called upon and ordered to pay court costs and emotional harm reparations totalling $1,390.[4]
[2]At [124].
[3]At [149] and [157]–[158].
[4]Police v Bell [2021] NZDC 25059 [Sentencing notes] at [21]–[23].
Miss Bell appealed her convictions to the High Court. The hearing of the appeal was scheduled to take place on 14 December 2022, having been adjourned twice before to accommodate Miss Bell being unable to obtain legal representation and to ensure she had sufficient time to file written submissions in support of the appeal. Miss Bell was warned by the High Court on 17 October and again on 1 December 2022 that if submissions in support of the appeal were not filed in advance of the December hearing date, the appeal would be dismissed.
Miss Bell did not file written submissions in advance of the hearing date. Dunningham J accordingly dismissed the appeal for procedural non-compliance under s 338 of the Criminal Procedure Act 2011 (the Act).[5]
[5]Bell v R HC Dunedin CRI-2021-412-50, 14 December 2022.
Miss Bell wishes to appeal against Dunningham J’s decision to dismiss the appeal. Pursuant to s 339 of the Act, leave to appeal is required. The respondent confirmed that it opposed leave being granted but that it did not request a separate leave hearing. On 13 February 2023, Clifford J directed that the leave application be determined together with the proposed appeal, and that the matter be dealt with on the papers.
Procedural background
We set out below the procedural background in some detail because it provides important context to Dunningham J’s decision to dismiss the appeal, and to Miss Bell’s application for leave to appeal…
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- Bell v Police [2023] NZCA 291
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- [2023] NZCA 291
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