Hwang v Police

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA687/2017
[2022] NZCA 576

BETWEEN	JIMIN HWANG Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Miller, Gilbert and Clifford JJ
Counsel:	Applicant in person J Eng for Respondent
Judgment: (On the papers)	25 November 2022 at 11.00 am

JUDGMENT OF THE COURT

The application for recall is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

This judgment responds to a second recall application.
Mr Hwang was convicted on a charge of stealing a laptop.[1] His appeal to the High Court was dismissed,[2] and a second appeal to this court by leave was also dismissed.[3] This Court held that there was sufficient direct and circumstantial evidence of identification to find that Mr Hwang was the offender.[4]
[1]Police v Hwang [2017] NZDC 12372.
[2]Hwang v Police [2017] NZHC 1171.
[3]Hwang v Police [2019] NZCA 553.
[4]At [32]–[33].
A recall application was made and declined, this Court noting that it was an attempt to reargue the second appeal on new grounds which appeared to have no merit.[5]
[5]Hwang v Police [2021] NZCA 602 at [4].
Undeterred, Mr Hwang has now brought a second recall application, again in the form of a purported appeal. It too seeks to relitigate the merits, on the same grounds as the first recall application.[6] It is an abuse of process.[7] Mr Hwang must appreciate that his conviction is now final.
[6]We record that Mr Hwang’s submissions in reply have been considered.
[7]Lyon v R [2020] NZCA 430.
The application is declined. We directed that the Registrar is not to receive further appeals or recall applications from Mr Hwang in connection with his conviction.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

In the second recall application, Mr. Hwang, the applicant, sought to challenge his conviction for stealing a laptop against the New Zealand Police, the respondent. This appeal was heard in the Court of Appeal of New Zealand, with Miller, Gilbert, and Clifford JJ presiding over the case. The applicant appeared in person, while J. Eng represented the respondent.

The central legal issue was whether Mr. Hwang's second recall application constituted an abuse of process. The applicant sought to relitigate the merits of the case on the same grounds as his previous recall application, which the Court had already dismissed as having no merit. The Court needed to determine whether this was an appropriate use of the recall process and whether it should be allowed to proceed.

The Court of Appeal found that Mr. Hwang's second recall application was indeed an abuse of process, as it sought to relitigate the merits on the same grounds as his previous recall application, which the Court had already dismissed. The Court noted that Mr. Hwang's conviction was now final and that he must appreciate this fact. The Court also directed that the Registrar should not receive further appeals or recall applications from Mr. Hwang in connection with his conviction.

No specific final orders were mentioned in the judgment. However, the Court's decision to decline the recall application and direct the Registrar not to accept further appeals or recall applications from Mr. Hwang effectively concludes the matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established