Greer v The Queen

[2010] NZCA 281

IN THE COURT OF APPEAL OF NEW ZEALAND

CA189/2010
[2010] NZCA 281

BETWEENALAN IVO GREER

Appellant

ANDTHE QUEEN

Respondent

Court:Chambers, O'Regan and Ellen France JJ

Counsel:Appellant in person

F E Guy Kidd for Respondent

Judgment:2 July 2010 at 2.30 pm 

(on the papers)

JUDGMENT OF THE COURT

The appeal is dismissed for want of jurisdiction.

REASONS OF THE COURT

(Given by Ellen France J)

Introduction

[1]        Mr Greer seeks to appeal to this Court from the decision of MacKenzie J dismissing Mr Greer’s appeal against the District Court refusal of bail.[1]  It is not an application for bail pending an appeal against conviction or sentence.

[1]      Greer v Department of Corrections HC Wellington CRI-2010-435-01, 2 March 2010.

[2]        After the purported appeal was filed, Mr Greer was in fact released on bail on the charge which was before MacKenzie J, namely, an allegation of breach of a Parole Board release condition.

[3]        In these circumstances, the Crown submits there is no jurisdiction for this Court to consider the bail appeal and, further, that the appeal is in any event moot.

Discussion

[4]        Mr Greer filed submissions in support of his appeal.  After the Crown raised the question of jurisdiction, Mr Greer was given the opportunity to file further submissions on the jurisdiction point.  Mr Greer has filed a further memorandum in response.  That memorandum is critical of the fairness of the courts’ processes generally.

[5]        On the basis of this Court’s decision in Misiuk v R,[2] this Court does not have jurisdiction to deal with Mr Greer’s appeal against the refusal to grant bail.  An appeal to this Court would be a second appeal in circumstances where there is no statutory right to a further appeal. 

[2]      Misiuk v R [2010] NZCA 142.

[6]        In any event, as the Crown submits, the appeal is moot.  The advice from the Crown is that Mr Greer was released on bail in relation to these matters on 18 May 2010.  Shortly afterwards (on 21 May) he was remanded in custody by Judge Callander in the District Court on the same charge.  A fresh application for bail was made by Mr Greer on 25 May, opposed by the Crown and refused by a District Court Judge on 25 May.  As Ms Guy Kidd submits, these more recent events do not change the position that the appeal against the decision of MacKenzie J in the High Court, which related to the earlier refusal of bail, is moot.

[7]        Given the clear authority on jurisdiction, it was appropriate to deal with this matter on the papers.

Disposition

[8]        The appeal is dismissed for want of jurisdiction.

Solicitors:

Crown Law Office, Wellington for Respondent