The Queen v Terry

[2006] NZCA 98

IN THE COURT OF APPEAL OF NEW ZEALAND

CA25/06

THE QUEEN

v

ROBERT TERRY

Hearing:15 May 2006

Court:William Young P, Glazebrook and Robertson JJ

Counsel:R Terry in person

A M Powell for the Crown

Judgment:23 May 2006 

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

(Given by William Young P)

[1]       This is an application for leave to appeal against a judgment of Chisholm J delivered on 15 August last year in which he dismissed the appellant’s appeal against convictions entered in the District Court for intentional damage (in respect of a police car) and resisting a constable in the execution of his duty.  The District Court judge had dismissed a third charge against the appellant alleging dangerous driving.

[2]       Before us Mr Terry suggested that the District Court Judge had been wrong to conclude that the police officer had been acting in the execution of his duty and that he had damaged the car in question.  But in the context of the case in the District Court, these issues were resolved against the appellant factually and give rise to no legal issues.

[3]       Mr Terry has also raised some contextual questions, the dismissal of an application for an adjournment, legal aid issues (as an application for legal aid was declined), and the absence of law library on the West Coast to which he can have access.  None of these issues warrant the grant of leave to appeal.

[4]       Leave to appeal is declined.

Solicitors:
Crown Law Office, Wellington