H v Police HC Christchurch CRI 2006-409-47

[2006] NZHC 424

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2006-409-000047

CRI 2005-409-000184

H

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         27 April 2006

Appearances: Appellant appears in person

R Roberts and Z Johnston for Respondent

Judgment:      27 April 2006

JUDGMENT OF HON JUSTICE JOHN HANSEN

[1]      Mr H   appealed against his convictions in the District Court following a defended hearing.  Before Panckhurst J, in this Court, on 2 February 2006 his appeal against conviction was dismissed.

[2]      Subsequently  Mr  H    has  come  into  the  possession  of  evidence  that suggests the complainant, Mr Wallace, told untruths in Court and has in fact been boasting about this to other people.  Because of this Mr H   filed a second appeal.

[3]      Quite obviously this Court has no jurisdiction to consider a second appeal on this basis, or any other basis for that matter.

H V POLICE HC CHCH CRI 2006-409-000047  27 April 2006

[4]      I have advised Mr H   that in the circumstances the appropriate course of action is to file an application for rehearing in the District Court, and to file in support of that an affidavit from himself and also from the other witness or witnesses who can give evidence as to what it is alleged Mr Wallace has been doing and saying.  That, of course, is to be filed in the District Court.

[5]      I have also advised Mr H   that the Court staff will assist him in advising the proper form of both the application and the supporting affidavits he will need to file.

[6]      However,  I  formally  dismiss  this  appeal  because  this  Court  is  without jurisdiction to consider a second appeal, and recommend Mr H   immediately take steps to take the course of action I have recommended to him .