Robert Frank Terry v New Zealand Police

[2022] NZSC 137

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 107/2022
 [2022] NZSC 137

BETWEEN	ROBERT FRANK TERRY Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	Applicant in person H S Cunningham for Respondent
Judgment:	30 November 2022

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS

1. The applicant, Mr Terry, was convicted in the District Court of two charges of driving while disqualified and one charge of wilful damage by using a rock to damage a police car.[1]  His appeal against conviction and sentence was dismissed by the High Court.[2]  Mr Terry now seeks leave to appeal against a judgment of the Court of Appeal dismissing his application to bring a second appeal.[3]   

   [1]R v Terry [2021] NZDC 13487 (Judge Rielly).  He was then sentenced to fines of $500 and disqualified from driving for six months, as well as ordered to pay reparations and court costs: R v Terry [2021] NZDC 16962 (Judge Rielly).

   [2]Terry v R [2021] NZHC 2838 (Edwards J).

   [3]Terry v New Zealand Police [2022] NZCA 198 (Cooper, Peters and Palmer JJ).

2. There is no jurisdiction to appeal to this Court against a Court of Appeal decision declining leave to bring a second appeal.[4] 

   [4]Senior Courts Act 2016, s 71; Criminal Procedure Act 2011, s 213(3); and Rangihuna v R [2022] NZSC 1 at [6]–[7].

3. We comment that, in any event, this proposed appeal would not meet the criteria for leave to appeal,[5] and in particular, would not meet the requirements for a direct appeal to this Court from the High Court decision.[6]  Nothing raised by Mr Terry would suggest that the Courts below erred in their analysis or that there was any risk of a miscarriage of justice.

Result

[5]Senior Courts Act, s 74(2). 

[6]Senior Courts Act, s 75.  Such an application would in any event be some 11 months out of time.

1. The application for leave to appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent