T v Police CRI 2009-485-171 HC Wellington

[2010] NZHC 1017

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2009-485-171

BETWEEN  T

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         13 April 2010

Counsel:         Appellant appears in person

J Murdoch for Respondent

Judgment:      13 April 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr T   moves for leave to appeal to the Court of Appeal against the judgment of Clifford J on 17 February 2010, in which was dismissed Mr T  ’s appeal against conviction for theft.

[2]      It is said that on 16 April 2009 he stole a loaf of bread and some butter from a New World Supermarket.  He says he was not there at the time;  the witnesses were lying,  apparently  because  he  had  been  trespassed  previously.    The  appeal  was brought on the basis that store video footage should have been made available as evidence and would exonerate him.  Clifford J found that the District Court Judge was entitled to rely on the clear evidence of the store manager and the police. Identity was not in issue.  Mr T   was represented at the summary hearing, and had plenty of time to inquire into the existence of video footage and, if it existed, ask

for a copy.

T V NEW ZEALAND POLICE HC WN CRI 2009-485-171  13 April 2010

[3]      I am unable to see that the proposed appeal raises any question of law of general or public importance.  The only question of law might be whether the police were obliged to disclose the video footage, but it was not the case at the time that the prosecution was obliged to obtain and disclose all relevant evidence.   Nor are the police required to do so under the Criminal Disclosure Act 2008;  the obligation is only to disclose all relevant exhibits that are in the possession of the police that they do not intend to adduce in evidence.

[4]      The application for leave to appeal is dismissed.

Miller J

Solicitors:

Crown Solicitor’s Office, Wellington for Respondent