France v Police [2015] NZCA 381 (19 August 2015)

Last Updated: 8 September 2015

IN THE COURT OF APPEAL OF NEW ZEALAND
CA142/2015 [2015] NZCA 381
BETWEEN	MALCOLM DANIEL FRANCE Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	White, French and Cooper JJ
Counsel:	Applicant in person J E Mildenhall for Respondent
Judgment: (On the papers)	19 August 2015 at 10.30 am

JUDGMENT OF THE COURT

1. The extension of time in which to bring the application is granted.
2. The application for leave to bring a second appeal is declined.

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REASONS OF THE COURT

(Given by French J)

[1] Mr France seeks leave under ss 237 and 253 of the Criminal Procedure Act 2011 to bring a second appeal against his conviction and sentence. Mr France was convicted of assault in a Judge alone trial before Judge Dawson in the Auckland District Court and sentenced to 80 hours of community work.^[1] His first appeal to the High Court was dismissed by Thomas J.^[2]
[2] The application for leave was directed to be heard on the papers.^[3]
[3] The grounds of the proposed appeal are that the courts have no jurisdiction over Mr France because he is not a legal person and that the District Court Judge was biased.
[4] The appeal was filed six days out of time. This delay was minimal and the Crown does not oppose an extension of time. Accordingly, we grant the extension of time in which to bring the application.
[5] However, we are satisfied the proposed appeal has no merit and does not raise any issues of general or public importance. There is no evidential foundation for the allegations of bias.
[6] The application for leave to bring a second appeal is accordingly declined.

Solicitors:
Crown Law Office, Wellington for Respondent

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^[1] New Zealand Police v France DC Auckland CRI-2013-004-13365, 28 July 2014.

^[2] France v New Zealand Police [2015] NZHC 171.

^[3] France v R CA142/2015, 23 June 2015.