| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA238/2022 [2022] NZCA 445 |
| BETWEEN | JESSE WAIARIKI TEMANAVA BUTLER |
| AND | NEW ZEALAND POLICE |
| Court: | Gilbert, Mallon and Wylie JJ |
Counsel: | Appellant in Person |
Judgment: | 20 September 2022 at 9.30 am |
JUDGMENT OF THE COURT
The application for leave to bring a second appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Mallon J)
Introduction
The applicant, Jesse Butler, was convicted of possessing an offensive weapon,[1] assault[2] and intentional damage[3] following a judge alone trial in the District Court.[4] His appeal against conviction to the High Court was dismissed.[5] He now seeks leave to bring a second appeal. An extension of time to bring his leave application has previously been granted by Collins J in a minute dated 23 June 2022.
Background
[1]Crimes Act 1961, s 202A(4)(b).
[2]Section 196.
[3]Summary Offences Act 1981, s 11(1)(a).
[4]Police v Butler [2020] NZDC 23059 [District Court judgment].
[5]Butler v Police [2021] NZHC 3385 [High Court judgment].
The charges on which Mr Butler was convicted related to a dispute with a neighbour on 2 October 2018.
In convicting Mr Butler of assault, the District Court Judge found that Mr Butler had thrown a rock at his neighbour that left a mark on his leg.[6] Mr Butler did not dispute that he had done so but claimed self-defence or defence of property.[7] The Judge rejected this because she regarded his actions as going far beyond what was reasonable in the circumstances.[8]
[6]District Court trial, above n 4, at [7].
[7]At [5].
[8]At [21].
In convicting Mr Butler of possession of an offensive weapon, she accepted the neighbour’s evidence that Mr Butler rushed at the neighbour with a knife in his hand, indicating an intention to threaten violence.[9] She rejected Mr Butler’s denial that he had a knife. She did so because she accepted the neighbour’s evidence that Mr Butler had lost his temper far earlier than Mr Butler had said in his evidence.[10]
[9]At [22].
[10]At [23].
In convicting Mr Butler of intentional damage, she noted that Mr Butler accepted that he had lost his temper at this point and had damaged the neighbour’s fence with a hoe.[11]
[11]At [24].
The Judge dismissed a charge of trespass because the evidence did not establish that Mr Butler had gone onto the neighbour’s property.[12]
[12]At [25].
On appeal to the High Court, Mr Butler contended that the District Court trial had been unfair because of the delay to trial, and because of the Judge’s behaviour including her refusal to allow a cross-claim and her interventions in cross‑examination. The High Court Judge rejected each of these matters and found that the District Court Judge was entitled to reach the conclusions that she did.[13]
Assessment
[13]High Court judgment, above n 5, at [25], [29], [33] and [39].
Mr Butler’s application for leave to bring a second appeal and his submissions in support of…
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- Butler v Police [2022] NZCA 445
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- [2022] NZCA 445
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CaseChat Overview and Summary
The Court of Appeal examined the appellant's claims of procedural unfairness and discrimination, considering both pre-trial and trial-related issues. Regarding the delay in the trial, the Court noted that while it may have been frustrating for the appellant, it did not amount to prosecutorial misconduct or prejudice to the fairness of the trial. The Court found that the appellant's concerns about the emergency housing programme and its impact on his defence preparation were not relevant to the charges against him. The Court also rejected the appellant's claims of unequal treatment during the trial, noting that the District Court Judge had intervened to ensure the appellant followed the Evidence Act 2006 requirements and to explain rules of evidence and procedure. The Court concluded that the appellant's situation post-trial, including the alleged discrimination and his physical condition, did not provide a legal defence to the criminal charges and did not meet the criteria for a second appeal. The Court found no miscarriage of justice had occurred in the appellant's convictions, and the application for leave to bring a second appeal was declined.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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