Hwang v Police
[2022] NZCA 576
•25 November 2022 at 11.00 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA687/2017 [2022] NZCA 576 |
| BETWEEN | JIMIN HWANG |
| AND | NEW ZEALAND POLICE |
| Court: | Miller, Gilbert and Clifford JJ |
Counsel: | Applicant in person |
Judgment: | 25 November 2022 at 11.00 am |
JUDGMENT OF THE COURT
The application for recall is declined.
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REASONS OF THE COURT
(Given by Miller J)
This judgment responds to a second recall application.
Mr Hwang was convicted on a charge of stealing a laptop.[1] His appeal to the High Court was dismissed,[2] and a second appeal to this court by leave was also dismissed.[3] This Court held that there was sufficient direct and circumstantial evidence of identification to find that Mr Hwang was the offender.[4]
[1]Police v Hwang [2017] NZDC 12372.
[2]Hwang v Police [2017] NZHC 1171.
[3]Hwang v Police [2019] NZCA 553.
[4]At [32]–[33].
A recall application was made and declined, this Court noting that it was an attempt to reargue the second appeal on new grounds which appeared to have no merit.[5]
[5]Hwang v Police [2021] NZCA 602 at [4].
Undeterred, Mr Hwang has now brought a second recall application, again in the form of a purported appeal. It too seeks to relitigate the merits, on the same grounds as the first recall application.[6] It is an abuse of process.[7] Mr Hwang must appreciate that his conviction is now final.
[6]We record that Mr Hwang’s submissions in reply have been considered.
[7]Lyon v R [2020] NZCA 430.
The application is declined. We directed that the Registrar is not to receive further appeals or recall applications from Mr Hwang in connection with his conviction.
Solicitors:
Crown Law Office, Wellington for Respondent
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