R v Brogden CA393/03 [2003] NZCA 357 (6 November 2003)

Last Updated: 1 December 2018

IN THE COURT OF APPEAL OF NEW ZEALAND

CA393/03

THE QUEEN

v

ALAN VIVIAN BROGDEN

Hearing:  5 November 2003

Coram:  Tipping J
McGrath J
Glazebrook J

Appearances:  Appellant in person

J C Pike for Crown

Judgment:  6 November 2003

__________________________________________________________________________ JUDGMENT OF THE COURT DELIVERED BY TIPPING J

__________________________________________________________________________

[1] For the reasons discussed in some detail with Mr Brogden at the hearing, his application for special leave to appeal to this Court is dismissed.

[2] Mr Brogden was the informant in proceedings brought in the District Court. The District Court Judge stayed those proceedings. Mr Brogden purported to appeal to the High Court against that determination but not by case stated on a point of law, which is the only method by which an informant can appeal in circumstances like the present. The High Court Judge determined that there was therefore no appeal properly before him. He did go on to indicate that any such appeal could not have succeeded anyway.

[3] As the High Court had no jurisdiction formally to deal with the purported appeal, this Court likewise cannot grant an application for special leave to appeal from the High Court's decision which was undoubtedly correct.

[4] This judgment is issued as a summary of the decision and reasons which we gave at the hearing following Mr Brogden's inability to persuade us to the contrary.

Solicitors:

Crown Law Office, Wellington