P v R HC Whangarei CRI 2007-488-63

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IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2007-488-63

BETWEEN P
Appellant

ANDTHE QUEEN Respondent

Hearing: 19 August 2008

Appearances: No appearance by or on behalf of Appellant
Michael Smith for Respondent

Judgment: 19 August 2008

JUDGMENT OF HARRISON J

SOLICITORS
Marsden Woods Inskip & Smith (Whangarei) for Respondent
(copy to Appellant in person)

P V R HC WHA CRI 2007-488-63 19 August 2008

[1] Ms P has filed an application granting leave to appeal to the Court of Appeal against the decision of Stevens J on 27 March 2008 dismissing her appeal against conviction in the District Court at Whangarei on a charge of criminal nuisance: s 145(1) Crimes Act 1961.

[2] The application was originally scheduled for hearing in this Court on 31 July. Ms P was unable to attend due to flooding in her residential area. Lang J reluctantly adjourned the application for hearing at 3.45 pm today. He expressly recorded that this was a final adjournment and warned that the proceeding was likely to be dismissed if she did not appear today.

[3] The Registrar has called the proceeding at 3.45 pm and 3.55 pm. Ms Pehi- Neho has failed to respond. I am satisfied that she has abandoned her application. I might add that it was doomed to failure in any event. As Mr Smith has pointed out in a succinct written synopsis, s 144 Summary Proceedings Act 1957 is not intended to provide a second tier of appeal from decisions in the District Court. Its requirements are stringent. In summary there must be a question of law. It must be one which, by reason of its general and public importance or for any other reason, ought to be submitted to the Court of Appeal, and this Court must be of the opinion that it ought to be so submitted. Ms P ’s written memorandum does not identify an arguable question of law, let alone one which is of general and public importance.

[4] The application is dismissed.

Rhys Harrison J

CaseChat Overview and Summary

Ms P has applied for leave to appeal to the Court of Appeal against her conviction in the District Court at Whangarei for criminal nuisance under section 145(1) of the Crimes Act 1961. The application was initially scheduled for hearing on 31 July 2008, but Ms P was unable to attend due to flooding in her area. Lang J adjourned the hearing to 19 August 2008, warning that it would be dismissed if she did not appear. The Registrar called the proceeding at 3:45 pm and 3:55 pm, but Ms P did not respond.

The legal issue before the court was whether Ms P's application for leave to appeal met the stringent requirements of section 144 of the Summary Proceedings Act 1957. Ms P needed to identify a question of law that was of general and public importance, which the Court of Appeal should consider. However, her written memorandum did not identify such a question of law. The court was satisfied that Ms P had abandoned her application, and the application was dismissed.

The court held that Ms P's application for leave to appeal was doomed to fail. Section 144 of the Summary Proceedings Act 1957 is not intended to provide a second tier of appeal from decisions in the District Court. The requirements for leave to appeal are stringent, and Ms P's written memorandum did not identify an arguable question of law, let alone one of general and public importance.

The court dismissed Ms P's application for leave to appeal and ordered that the matter be considered closed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established