| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA710/2023 [2024] NZCA 440 |
| BETWEEN | CHRISTOPHER WALKER |
| AND | THE KING |
| Hearing: | 1 August 2024 |
Court: | Courtney, Mander and Walker JJ |
Counsel: | Appellant in Person |
Judgment: | 12 September 2024 at 2.30 pm |
JUDGMENT OF THE COURT
The appeals against conviction and sentence are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Courtney J)
Introduction
In October 2021 the police executed a search warrant at Christopher Walker’s address and found 42 cannabis plants, three hydroponic tents and implements associated with growing cannabis. He was charged with cultivating cannabis and elected trial by jury.[1] Shortly before the trial Mr Walker challenged the District Court’s jurisdiction over him. He asserted that he was entitled to diplomatic immunity and that he was a “Freeman-on-the-Land” who did not consent to being subject to the law of New Zealand.
[1]Misuse of Drugs Act 1975, s 9(2).
Judge Earwaker rejected Mr Walker’s immunity arguments in a pre-trial ruling.[2] Subsequently, Mr Walker pleaded guilty to the charge and was sentenced to 150 hours’ community work and 12 months’ intensive supervision.[3] He appeals his conviction on the basis that the Judge’s decision regarding jurisdiction was wrong.[4] He appeals his sentence on the ground that it was manifestly excessive.[5]
Appeal against conviction
District Court pre-trial ruling
[2]R v Walker [2023] NZDC 7619 [pre-trial ruling].
[3]R v Walker [2023] NZDC 27612 [sentencing notes] at [21] and [22].
[4]Criminal Procedure Act 2011, ss 229(1), 230(1)(c) and 232(2)(c). This Court is the first appeal court because Mr Walker initially elected trial by jury before he pleaded guilty: see Wirihana v R [2019] NZCA 368, [2019] 3 NZLR 549 at [15]–[25]. Mr Walker filed his appeal out of time but because the delay was reasonably short and was explicable, an extension of time was granted to bring the appeal by Katz J in a minute dated 14 February 2024.
[5]Criminal Procedure Act, ss 244(1), 247(1)(c), 250(2), 320(1)(b) and 321.
Section 9 of the Diplomatic Privileges and Immunities Act 1968 (DPI Act) applies to any organisation declared by the Governor-General by Order in Council to be an organisation of which two or more states or the Governments thereof are members.[6] Section 9(2)(a) provides that the Governor-General may from time to time by Order in Council provide that any organisation to which the section applies will have the privileges and immunities specified in sch 2. Schedule 2 confers immunity from suit or legal process.
[6]Diplomatic Privileges and Immunities Act 1968, s 9(1).
Mr Walker argued that he had diplomatic immunity pursuant to s 9(2)(a) on the basis of a document in the form of a card that described his position as a “Kaitiaki Diplomat”. The Judge described the document as follows:
[4] The back of the card says that the secured party of this card is acting under Tikanga and in accordance with the 1835 He Whakaputanga o te Rangatiratanga O Nu Tireni,…
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- Case
- [2024] NZCA 440
- Decision Date
CaseChat Overview and Summary
The Court of Appeal concluded that the appeals against both conviction and sentence were without merit. The jurisdictional ruling was correctly made, and the sentence was appropriate under the circumstances. The appeals are dismissed, affirming the District Court's decisions.
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