France v Police

IN THE COURT OF APPEAL OF NEW ZEALAND

CA142/2015
[2015] NZCA 381

BETWEEN	MALCOLM DANIEL FRANCE Applicant
AND	NEW ZEALAND POLICE Respondent

Court:

White, French and Cooper JJ

Counsel:

Applicant in person
J E Mildenhall for Respondent

Judgment:

(On the papers)

19 August 2015 at 10.30 am

JUDGMENT OF THE COURT

AThe extension of time in which to bring the application is granted.
BThe application for leave to bring a second appeal is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

Mr France seeks leave under ss 237 and 253 of the Criminal Procedure Act 2011 to bring a second appeal against his conviction and sentence. Mr France was convicted of assault in a Judge alone trial before Judge Dawson in the Auckland District Court and sentenced to 80 hours of community work.[1] His first appeal to the High Court was dismissed by Thomas J.[2]
[1]New Zealand Police v France DC Auckland CRI-2013-004-13365, 28 July 2014.
[2]France v New Zealand Police [2015] NZHC 171.
The application for leave was directed to be heard on the papers.[3]
[3]France v R CA142/2015, 23 June 2015.
The grounds of the proposed appeal are that the courts have no jurisdiction over Mr France because he is not a legal person and that the District Court Judge was biased.
The appeal was filed six days out of time. This delay was minimal and the Crown does not oppose an extension of time. Accordingly, we grant the extension of time in which to bring the application.
However, we are satisfied the proposed appeal has no merit and does not raise any issues of general or public importance. There is no evidential foundation for the allegations of bias.
The application for leave to bring a second appeal is accordingly declined.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard an application from Malcolm Daniel France seeking leave to bring a second appeal against his conviction and sentence for assault. The case was presided over by White, French, and Cooper JJ. The applicant, France, appeared in person while J E Mildenhall represented the respondent, New Zealand Police. The appeal was dismissed on the papers, with the decision handed down on 19 August 2015.

The legal issues before the Court were whether France had leave to bring a second appeal and if the application was made within the required timeframe. France's grounds for the proposed appeal were that the courts lacked jurisdiction over him as he was not a legal person, and that the District Court Judge was biased. The appeal was filed six days out of time, but the Crown did not oppose an extension of time. The Court considered the minimal delay and granted the extension. However, they were satisfied that the proposed appeal had no merit and did not raise any issues of general or public importance. The allegations of bias had no evidential foundation.

The Court of Appeal declined the application for leave to bring a second appeal, finding it had no merit and did not raise any issues of general or public importance. The Court found the delay in filing the appeal to be minimal, and granted the extension of time. However, the allegations of bias had no evidential foundation, and the appeal was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established