Craig v Police

Case

[2024] NZSC 165

5 December 2024


IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 109/2024
 [2024] NZSC 165
BETWEEN

KYLE JAMES CRAIG
Applicant

AND

NEW ZEALAND POLICE
Respondent

Court:

Glazebrook, Ellen France and Miller JJ

Counsel:

Applicant in person
M H Cooke for Respondent

Judgment:

5 December 2024

JUDGMENT OF THE COURT

AThe interlocutory applications and application for bail are dismissed.

BThe application for leave to appeal is dismissed.

____________________________________________________________________

REASONS

  1. Mr Craig has sought leave to appeal direct from a judgment of the High Court dismissing his appeal against conviction and sentence.[1]

    [1]Craig v New Zealand Police [2024] NZHC 2589 (Osborne J).

  2. Mr Craig is currently serving a 16-month term of imprisonment imposed by the District Court on 19 January 2024 on three charges related to the breach of a protection order and two charges related to the possession of cannabis and refusal to give particulars to enable the unlocking of his mobile phone.[2]  He pleaded guilty to those charges.

    [2]New Zealand Police v Craig [2024] NZDC 1030 (Judge Harvey).

  3. There are no exceptional circumstances warranting a second appeal from the High Court to this Court.[3]  The appeal raises no questions of general or public importance.[4]  Nor is there anything to suggest the High Court was wrong.

    [3]Senior Courts Act 2016, s 75.

    [4]Section 74(2)(a).

  4. We dismiss Mr Craig’s applications to file submissions in reply and be present at an oral leave hearing.  We also dismiss Mr Craig’s application for bail.[5]

    [5]Bail Act 2000, ss 14(1A) and 54.

  5. The application for leave to appeal is dismissed.

Solicitors:
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent


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