P v Police HC Christchurch CRI 2008 409 134
[2008] NZHC 1291
•14 August 2008
This case has been anonymized
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI 2008 409 134
P
Appellant
v
NEW ZEALAND POLICE
Respondent
Hearing: 14 August 2008
Counsel: R A Peters for appellant
K Bell for respondent
Judgment: 14 August 2008
ORAL JUDGMENT OF DOBSON J
[1] There were two aspects to this appeal. First, Mr P purported to appeal from the District Court Judge’s refusal to include in the directions for a pre-sentence report that an appendix be prepared, contemplating the appropriateness of home detention.
[2] After constructive discussion with Mr Peters, he accepts that the Court has no jurisdiction to entertain an appeal on this point. Section 115 of the Summary Proceedings Act 1957 does not contemplate anything in the nature of an appeal from such a direction, and accordingly that aspect of the appeal has to be dismissed for
want of jurisdiction.
P V NEW ZEALAND POLICE HC CHCH CRI 2008 409 134 14 August 2008
[3] The second aspect of the appeal was one against the refusal to grant bail. The relevant convictions were entered on 23 July 2008, and notice of appeal was lodged on 28 July 2008, today being the first day on which the appeal could be heard.
[4] Mr P is to be sentenced on these convictions in the Christchurch District Court tomorrow and, given the nature of the onus on a defendant under s 13 of the Bail Act 2000, Mr Peters was not able to go beyond the personal circumstances of the appellant and his family as grounds for granting the appeal. The practical impact of those considerations is reduced, virtually to the point of having no impact at all, given that any successful appeal would be for a period of less than 24 hours.
[5] In all the circumstances, grounds for the appeal against the refusal to grant bail cannot be made out, and that aspect of the appeal is also dismissed.
Dobson J
Solicitors:
Thompson & Morgan, Christchurch for appellant
Raymond Donnelly & Co, Christchurch for respondent
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