| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA788/2023 [2024] NZCA 259 |
| BETWEEN | CAITLYN ROZENA WEDGE |
| AND | THE KING |
| Court: | Cooke, Moore and Osborne JJ |
Counsel: | C G Tuck and A O Belloir-Spense for Applicant |
Judgment: | 21 June 2024 at 10.30 am |
JUDGMENT OF THE COURT
The application for leave to bring a second appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Cooke J)
The applicant seeks leave to appeal a decision of the High Court dismissing her appeal from a decision of the District Court at a Judge-alone trial finding her guilty of one charge of possession of cannabis for supply.[1] The District Court did not accept the applicant’s argument that the evidence in support of the charges had been improperly obtained,[2] found the charges proved on the basis of that evidence,[3] and sentenced her to 60 hours’ community work and six months’ supervision.[4]
[1]Wedge v Police [2023] NZHC 2773 [High Court judgment].
[2]Police v Wedge [2023] NZDC 11027 [Admissibility judgment].
[3]Police v Wedge [2023] NZDC 29493 [Verdict judgment].
[4]Police v Wedge [2023] NZDC 6976 [Sentencing judgment].
On appeal the High Court agreed with the District Court that the relevant search was not unlawful and dismissed her appeal against conviction.[5] The applicant now seeks leave to pursue a second appeal pursuant to s 237 of the Criminal Procedure Act 2011.
Relevant background
[5]High Court judgment, above n 1.
In the early hours of 15 June 2022, police stopped a car driven by the applicant in Papamoa. She initially gave false details, but after officers established her true identity, she was arrested for breaching her bail conditions and driving while disqualified.
The police then began arranging for her vehicle to be impounded for 28 days as required by s 96(1) of the Land Transport Act 1998 (LTA). Before the vehicle was towed away and stored by a stowage firm, a constable conducted an inventory search of the vehicle in accordance with the implicit duty in s 96(4) of the LTA to secure and safeguard personal property in an impounded vehicle.[6] Inside the vehicle on the passenger seat was a receptacle described as a “cookie container”. When the container was opened it was found to contain cannabis. The officer then exercised powers to conduct a warrantless search of the vehicle under s 20 of the Search and Surveillance Act 2012 (the SSA) which resulted in the discovery of three sets of scales, several plastic bags, cash, two mobile phones and what is described as a “tick book”. The total amount of cannabis found was 46 grams.
[6]Tuato v R [2011] NZCA 278 at [12].
In the District Court, Judge Lawson applied the Supreme Court’s decision in R v Ngan and this Court’s decision in Casey v R and concluded that, given that the officer considered that the cookie container contained something other than…
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- AGLC
- Wedge v The King [2024] NZCA 259
- Case
- [2024] NZCA 259
- Decision Date
CaseChat Overview and Summary
The Court of Appeal dismissed Wedge's application for leave to bring a second appeal. The Court found that the proposed appeal did not raise an issue of general or public importance or indicate a risk of a miscarriage of justice if leave was not granted. The Court upheld the decisions of the District Court and the High Court, finding that the inventory search and the admissibility of the evidence under s 30 of the Evidence Act were properly assessed. The Court concluded that the proposed appeal was primarily fact-specific and did not involve broader legal principles or significant public interest.
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