France v Police
[2015] NZCA 458
•24 September 2015 at 11.30 am
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA142/2015 [2015] NZCA 458 |
| BETWEEN | MALCOLM DANIEL FRANCE |
| AND | NEW ZEALAND POLICE |
| Court: | Wild, French and Cooper JJ |
Counsel: | Applicant in person |
Judgment: (On the papers) | 24 September 2015 at 11.30 am |
JUDGMENT OF THE COURT
The application for recall is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
In an “on the papers” judgment delivered on 19 August 2015 this Court declined Mr France’s application for leave to bring a second appeal.[1]
[1]France v New Zealand Police [2015] NZCA 381.
Mr France has now applied for a recall of that judgment on the grounds he objected to the matter being dealt with on the papers, the Court misunderstood the proposed grounds of appeal and the judgment is invalid because the copy he received was unsigned.
The application for recall is dismissed. By virtue of s 329 of the Criminal Procedure Act 2011, the Court was entitled to deal with the matter on the papers without Mr France’s consent. We do not accept the Court has misstated the proposed grounds of appeal and the fact a copy was unsigned is plainly not grounds for recall.
Solicitors:
Crown Law Office, Wellington for Respondent
0