ROBERT FRANK TERRY v THE QUEEN [2002] NZCA 200 (19 August 2002)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca169/02

	between	Robert frank terry
		Appellant

	and	the queen
		Respondent

Hearing:	19 August 2002
Coram:	Blanchard J Tipping J Glazebrook J
Appearances:	No appearance for Appellant B J Horsley for Respondent
Judgment:	19 August 2002

judgment of the court delivered by TIPPING J

[1] Mr Terry seeks special leave to appeal from a decision of William Young J upholding his conviction and sentence in the District Court at Westport on a charge of trespass under s3 of the Trespass Act 1980.He advised the Registrar that he did not intend to appear in support of his application and we have therefore determined it on the papers from his point of view.

[2] In the event we did not find it necessary to call on Mr Horsley for the respondent.We are satisfied there is no qualifying point of law which might form the basis of a second appeal.The case does not fulfil the requirements of s144 of the Summary Proceedings Act 1957.

[3] The application is accordingly dismissed but without costs.

Solicitors

Crown Law Office, Wellington