The Queen v Wood

[2006] NZCA 215

IN THE COURT OF APPEAL OF NEW ZEALAND

CA98/06

THE QUEEN

v

LEON DEREK WOOD

Hearing:7 August 2006

Court:William Young  P, Robertson and Arnold JJ

Counsel:Appellant in person

A M Powell for Crown

Judgment:15 August 2006 at 11am

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS OF THE COURT

(Given by William Young P)

[1]       The appellant was convicted in the District Court on a charge of speeding.  His appeal against conviction was dismissed in the High Court as was a later application for leave to appeal to this Court.

[2]       He now applies to this Court for leave to appeal.

[3]       The issues which he raised before us are all variations on two themes: first, the infringement notice supplied to him in relation to the speeding incident contained errors (as to his age and the make of vehicle he was driving) and secondly that the decision of the District Court to the effect that he was speeding was wrong. 

[4]       In the District Court all the police had to prove was that he committed the offence.  The accuracy of the particulars in the infringement notice was not fundamental to the case.  So the complaint about the infringement notice does not give rise to any legal issue on which we have jurisdiction to grant leave.

[5]       The appellant’s primary complaint is as to the conclusion that he was speeding.  But this is an entirely factual issue.  We do not have jurisdiction to revisit factual findings made in the District Court and High Court.

[6]       In short, we are unable to discern an arguable point of law in the proposed appeal.  The application for leave to appeal is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington