IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2024-463-0071
CRI-2024-463-0086 [2024] NZHC 2918
BETWEEN JIMMY REX PARKER
Applicant
AND
THE KING
Respondent
Hearing: On the papers Appearances:
Applicant in person
E S R O’Brien for respondent
Date of judgment:
8 October 2024
JUDGMENT OF JAGOSE J
This judgment was delivered by me on 8 October 2024 at 4.00pm.
………………………… Registrar/Deputy Registrar
Solicitors:
Pollett Legal, Tauranga
Copy to:
Applicant
PARKER v R [2024] NZHC 2918 [8 October 2024]
[1] Mr Parker seeks extensions of time to appeal his January and March 2021 convictions,1 respectively for wilful damage and intimidation.2
Background
[2] Appeals are to be filed within 20 working days after sentence, unless time to appeal is extended.3 The appeals were filed in June 2024. Moore J directed Mr Parker file applications for extension of time and affidavit(s) in support.4 The applications and appeals were allocated for my hearing on 17 September 2024.
[3]I explained in a subsequent minute:5
… Mr Parker has filed nothing to explain, as Moore J directed:6
… why Mr Parker did not file his appeal within the 20 working days limit and also why it has taken approximately three years for him to file his notices of general appeal.
The only apparently relevant aspects of Mr Parker’s filed affidavit sworn 5 August 2024 is his advice:
The witness kept the [issue] going for years until he was taken to court and I was [a]warded a restraining order for my and my family’s safety.2022 - 2023 also listed as a hate crime by police.
accompanied by a copy of the restraining order, and he “had a head injury which took years to get past which also [a]ffected [his] mental health”, accompanied by a photograph of the top of his head with a handwritten indication of the location of a “head injury” at his hairline. His 24 August 2024 application for an extension of time states “I was injured by the witness and suffered four years” and “On going harassment by the witness affecting my mental health”. Otherwise both affidavit and application repeat his grounds for appeal.
On that sparse basis, Mr Parker almost certainly would not be granted any extension of time within which to appeal. As Moore J already had indicated:7
It is impossible for any appellate court to review Mr Parker’s explanations for lateness and delay without a more detailed description of what his infirmities were and how they operated to
1 New Zealand Police v Parker [2021] NZDC 3403 (the wilful damage conviction); New Zealand Police v Parker [2021] NZDC 26180 (the intimidation conviction).
2 Summary Offences Act 1981, ss 11 (wilful damage) and 21 (intimidation).
3 Criminal Procedure Act 2011, s 231.
4 Parker v New Zealand Police CRI-2024-463-0071 HC Rotorua, 26 July 2024 (Minute of Moore J).
5 Parker v New Zealand Police CRI-2024-463-0071/0086 HC Rotorua, 13 September 2024 (Minute of Jagose J), at [4]–[10].
6 Minute of Moore J, above n…
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- Case
- [2024] NZHC 2918
- Decision Date
CaseChat Overview and Summary
The court considered whether the delay was adequately explained and whether there were compelling reasons to extend time. Relevant factors included the seriousness of the charges, the strength of the proposed appeal, the impact on others, and prejudice to the Crown. The court emphasised the importance of the general interest in finality of litigation, balanced against the particular interest claimed by the applicant. Mr. Parker's submissions, though detailed, were based largely on assertions and lacked sufficient evidence to support his claims. The court found that Mr. Parker's reasons for the delay were inadequately explained and did not present compelling reasons for extending the time to appeal.
The court dismissed Mr. Parker's applications for extensions of time. The appeals, which were already significantly overdue, would not be heard, and the convictions would stand. This decision underscores the importance of timely filing of appeals and the need for applicants to provide adequate evidence to support their applications for extensions of time.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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