R v Mitchell

[2021] NZHC 43

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI-2020-042-711

[2021] NZHC 43

THE QUEEN

V

DAI MITCHELL

On the papers

Counsel:

Applicant in person

A R Goodison for Crown

Judgment:

2 February 2021

JUDGMENT OF SIMON FRANCE J

[1]    Mr Mitchell applies for a transfer of his District Court prosecutions to the High Court. The Crown has not identified the case as a protocol matter (s 67 Criminal Procedure Act) so the only available process is s 70 of the Act.

[2]    Mr Mitchell is charged with assault with a weapon (a car), failing to stop, dangerous driving and failing to provide name and address. The first of these charges is category 3, thereby making a s 70 transfer available. In terms of that section I have no scheduling information from the District Court. The Crown has filed written submissions in response to Mr Mitchell’s application which sets out his reasons for a transfer.

[3]They are (in summary):

R v MITCHELL [2021] NZHC 43 [2 February 2021]

(a)the public road accorded him a right of free passage;

(b)Mr Mitchell has no interest in participating in a District Court trial, it being a court of statute, and unable to award him compensation;

(c)the District Court is not fair and just. Mr Mitchell has experienced bias and denial of minimum standards of criminal procedure; and

(d)the District Court is “in effect unlawful in nature”.

[4]    None of the matters raised provide a basis on which the trial should be transferred. I do not accept those submissions which suggest the District Court is unlawful or incapable of providing a fair hearing of the charges. There is nothing in the charges or the alleged incident underlying them that requires High Court attention.

[5]The application is dismissed.

Simon France J

Solicitors:

Crown Solicitor, Nelson