Noovao v Police HC Auckland CRI-2011-404-371

[2011] NZHC 1284

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-371

BETWEEN  NOOAPII NOOVAO Appellant

ANDNEW ZEALAND POLICE Respondent

Judgment:      18 October 2011

JUDGMENT OF BREWER J

SOLICITORS

Public Defence Service (Auckland) for Appellant (JM Scott) Meredith Connell (Auckland) for Respondent

NOOVAO V POLICE HC AK CRI-2011-404-371 18 October 2011

[1]      By notice of appeal filed in the District Court at Auckland on 3 October

2011, Mr Noovao appeals to this Court against his sentence of 10 years and five months’ imprisonment on a number of charges of sexual violation and other sexual assaults.

[2]      No appeal can lie to this Court.  A defendant’s general right of appeal to the High Court is set out in s 115 of the Summary Proceedings Act 1957.  Where the appeal is against sentence in circumstances such as this, the position is governed by s 115(2A):

A person sentenced under section 28F(4) of the District Courts Act 1947 to a term of imprisonment or to a fine that does not exceed the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 may appeal to the High Court against the sentence.

[3]      The appellant’s sentencing took place under the jurisdiction conferred by s 28F(4) of the District Courts Act 1947.  However, the sentence imposed exceeded the maximum term of imprisonment that may be imposed under s 7 (five years). Therefore,  an  appeal  against  this  sentence  may  be  made  only  to  the  Court  of Appeal.[1]

[1] See, for example, R v Binnie CA261/99, 6 September 1999.

[4]      Accordingly, there being no jurisdiction to hear the appeal, it is dismissed.

Brewer J