The Queen v Parker [2009] NZCA 268 (23 June 2009)

Last Updated: 1 July 2009

IN THE COURT OF APPEAL OF NEW ZEALAND

CA56/2009 [2009] NZCA 268THE QUEEN

v

DAVID RICHARD PARKER

Hearing: 23 June 2009

Court: Baragwanath, Randerson and Miller JJ

Counsel: Mr Parker in person
M E Ball for Crown
B S Yeoman Amicus Curiae

Judgment: 23 June 2009

ORAL JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Baragwanath J)

[1] The application for leave to appeal to this Court is from a judgment of the High Court delivered by McKenzie J on 14 December 2007 dismissing an application for leave to appeal to this Court from a decision of the High Court on 14 May 2007 largely dismissing an appeal from the District Court against sentence. The charges were of injuring with intent to injure, intentional damage, common assault, disorderly behaviour, resisting police, and endangering safety.
[2] The application relates to conviction on summary charges and a sentence of 15 months imprisonment. It requires Mr Parker to establish that there was error of law in the courts below.
[3] Mr Parker has not identified any such ground in his notice of application or orally. He has deferred to Mr Yeoman, whom this court appointed as amicus curiae to ensure that no properly arguable point was overlooked.
[4] Mr Yeoman has provided a helpful memorandum which advises that he can identify no ground of appeal and he has orally confirmed that advice.
[5] There being no such ground this Court lacks jurisdiction to grant leave to appeal and the application is dismissed.

Solicitors:
Crown Law Office, Wellington