P v R HC Whangarei CRI 2007-488-63
[2008] NZHC 2510
•19 August 2008
This case has been anonymized
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
0
0
0