The Queen v Dujsiree Sakdiseth

[2003] NZCA 147

IN THE COURT OF APPEAL OF NEW ZEALAND

CA158/03

THE QUEEN

v

DUJSIREE SAKDISETH

Coram:Blanchard  J
Tipping J
Anderson  J

Counsel:Appellant in Person

A Markham for Crown

Judgment (On the papers):     14 July 2003 

JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J

1. This is an application for special leave to appeal under s144(3) of the Summary Proceedings Act 1957, the High Court having refused leave.  We have been requested to deal with it on the papers. 

2. Ms Sakdiseth was convicted of careless operation of a motor vehicle on a road (s37 Land Transport Act 1998).  She appealed to the High Court where John Hansen J said that the appellant was challenging factual findings; that the Justices of the Peace had had the opportunity of observing the witnesses and making findings of credibility and were in a far better position to do that than the High Court on appeal.  The Judge did however give consideration to the evidence, including that concerning skid marks relating to a collision which gave rise to the charge.  Having regard to all matters put before him, John Hansen J concluded that the decision reached by the Justices was open to them on the evidence and dismissed the appeal.

3. Subsequently he refused special leave to appeal to this Court noting that the appellant had failed completely to identify any question of law.

4. The same deficiency defeats the application now made to this Court.  Ms Sakdiseth is simply seeking to have the factual evidence reviewed again.  No question of law arises, certainly none which, in terms of s144, is of “general or public importance”.

5. The application is dismissed.

Solicitors:
Crown Law Office, Wellington