Terry v The Queen

[2014] NZCA 423

IN THE COURT OF APPEAL OF NEW ZEALAND

CA234/2014
[2014] NZCA 423

BETWEEN	ROBERT FRANK TERRY Applicant
AND	THE QUEEN Respondent

Hearing:	25 August 2014
Court:	O'Regan P, Ellen France and Miller JJ
Counsel:	Applicant in person M L Wong for Respondent
Judgment:	28 August 2014 at 12.30 pm

JUDGMENT OF THE COURT

The application is dismissed.

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REASONS OF THE COURT

(Given by Miller J)

Introduction

1. Mr Terry was charged with using a telephone for the purpose of annoying a person.  The complainant was unable to attend the hearing, and a District Court Judge declined the police an adjournment.  The police being unable to offer evidence, the prosecution was dismissed.

2. Mr Terry was refused travel expenses, the Judge noting both that medical reasons explained the complainant’s absence and that the police had earlier told Mr Terry they would seek an adjournment.

3. Mr Terry appealed against the refusal to award travel costs.  Mander J dismissed the appeal, having reviewed the matter on the merits.[1]  He refused leave to appeal.[2]  Mr Terry now moves this Court for leave.

   [1]Terry v Police [2014] NZHC 240.

   [2]Terry v Police [2014] NZHC 660.

4. We agree with Mander J that the proposed appeal raises no question of law that ought to be submitted to this Court for decision, and for the reasons he gave.  The application is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent