Martin v The Queen

[2014] NZCA 582

IN THE COURT OF APPEAL OF NEW ZEALAND

CA425/2014
[2014] NZCA 582

BETWEEN	PETER JAMES MARTIN Applicant
AND	THE QUEEN Respondent

Court:

French, Miller and Cooper JJ

Counsel:

Applicant in person
No appearance for Respondent

Judgment:

(On the papers)

1 December 2014 at 3.00 pm

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

1. Mr Martin has filed an application for leave to appeal a decision of Peters J in the High Court.[1]  The High Court decision was itself an appeal against a conviction entered in the District Court for cultivating cannabis.[2]

   [1]Martin v New Zealand Police [2013] NZHC 2376.

   [2]New Zealand Police v Martin DC Hamilton CRI-2012-019-5834, 6 June 2013.

2. The application for leave to appeal to this Court purports to be filed pursuant to pt 6 of the Criminal Procedure Act 2011.

3. The proceedings against Mr Martin commenced in the District Court in April 2012.  His proposed appeal is therefore governed not by the Criminal Procedure Act, but by s 144 of the Summary Proceedings Act 1957.

4. The effect of s 144 is that this Court has no jurisdiction to consider Mr Martin’s application.  The correct course of action is for Mr Martin to first seek leave from the High Court to appeal to this Court.  If the High Court declines leave, then he may apply to this Court for special leave, but not otherwise.

5. Mr Martin was advised of the jurisdictional problem and given an opportunity to make submissions,[3] but failed to do so.

   [3]Martin v R CA425/2014, 21 November 2014 (Minute of French J).

6. This is an application for leave to appeal that should be dealt with on the papers and we so direct.[4]

   [4]Crimes Act 1961, s 392A.

7. We dismiss the application for leave to appeal on the grounds of lack of jurisdiction.

Solicitors:
Crown Law Office, Wellington for Respondent