Khan v The Queen
[2013] NZCA 548
•8 November 2013 at 11 am
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA61/2013 [2013] NZCA 548 |
| BETWEEN | RAZDAN KHAN |
| AND | THE QUEEN |
| Court: | Harrison, French and Miller JJ |
Counsel: | Applicant in person |
Judgment: (On the papers) | 8 November 2013 at 11 am |
JUDGMENT OF THE COURT
The application for special leave to appeal is dismissed.
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REASONS OF THE COURT
(Given by Harrison J)
Razdan Khan was convicted following a trial in the District Court at Auckland on one charge of criminal harassment under the Harassment Act 1997 and two representative charges of posting indecent articles under the Postal Services Act 1998. On appeal to the High Court Courtney J quashed his conviction on the charge of criminal harassment but dismissed his appeal against the other two convictions.[1] In a subsequent decision Courtney J declined to grant Mr Khan leave to appeal to this Court.[2]
[1]Khan v Police [2012] NZHC 2884. Courtney J remitted the criminal harassment charge back to the District Court for a fresh hearing.
[2]Khan v Police HC Auckland CRI-2012-404-306, 13 December 2012.
Mr Khan now applies for special leave to appeal to this Court.[3] An application for special leave requires (a) a question of law; (b) a question which ought to be submitted to this Court by reason of its general or public importance or for some other reason; and (c) this Court must be of the opinion that leave ought to be granted.
[3]Summary Proceedings Act 1957, s 144(3).
On 14 August 2013 Randerson J directed that Mr Khan’s application for special leave should be determined on the papers and directed him to file any submissions additional to those set out in his original notice of application filed on 1 February 2013 (some 29 days out of time) by 28 August 2013. Mr Khan has not responded.
The grounds set out in Mr Khan’s application are discursive, abusive and fail to identify a question of law, let alone one which is arguable or ought to be submitted to this Court. The threshold is accordingly not met.
Mr Khan’s application for special leave to appeal is dismissed.
Solicitors:
Crown Law Office, Wellington for Respondent
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