JIMIN HWANG v NEW ZEALAND POLICE [2022] NZCA 576
The recall application was declined because it improperly sought to relitigate settled issues on identical grounds previously dismissed; the conviction was supported by sufficient identification evidence and is final, and the application amounted to an abuse of process.
Source-derived case information.
- Citation
- [2022] NZCA 576
- Parties
- Applicant: Jimin Hwang; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 25 November 2022
- Procedural Posture
- Criminal Appeal / Recall Application (post Final Appeal)
- Outcome
- Application for recall declined
- Legal Topics
- Identification Evidence, Recall of Conviction, Abuse of Process, Finality of Convictions, Res Judicata
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimin Hwang
Applicant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal / Recall Application (post Final Appeal)
Legal Issues
- 1 Whether the recall application raised fresh or meritorious grounds
- 2 Whether the application constituted an abuse of process
- 3 Whether identification evidence was sufficient to support the conviction
Ratio Decidendi
The recall application was declined because it improperly sought to relitigate settled issues on identical grounds previously dismissed; the conviction was supported by sufficient identification evidence and is final, and the application amounted to an abuse of process.
Court Disposition
Application for recall declined
Orders
- Recall application declined.
- Registrar directed not to receive further appeals or recall applications from the applicant in connection with his conviction.
Full Case Text
Judgment text and source record
1 paragraphs
JIMIN HWANG v NEW ZEALAND POLICE [2022] NZCA 576 [25 November 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA687/2017[2022] NZCA 576BETWEEN JIMIN HWANGApplicantAND NEW ZEALAND POLICERespondentCourt: Miller, Gilbert and Clifford JJCounsel: Applicant in personJ Eng for RespondentJudgment:(On the papers)25 November 2022 at 11.00 amJUDGMENT OF THE COURTThe application for recall is declined.____________________________________________________________________REASONS OF THE COURT(Given by Miller J)[1] This judgment responds to a second recall application.[2] Mr Hwang was convicted on a charge of stealing a laptop.1 His appeal to theHigh Court was dismissed,2 and a second appeal to this court by leave was also1 Police v Hwang [2017] NZDC 12372.2 Hwang v Police [2017] NZHC 1171.dismissed.3 This Court held that there was sufficient direct and circumstantialevidence of identification to find that Mr Hwang was the offender.4[3] A recall application was made and declined, this Court noting that it was anattempt to reargue the second appeal on new grounds which appeared to have nomerit.5[4] Undeterred, Mr Hwang has now brought a second recall application, again inthe form of a purported appeal. It too seeks to relitigate the merits, on the samegrounds as the first recall application.6 It is an abuse of process.7 Mr Hwang mustappreciate that his conviction is now final.[5] The application is declined. We directed that the Registrar is not to receivefurther appeals or recall applications from Mr Hwang in connection with hisconviction.Solicitors:Crown Law Office, Wellington for Respondent3 Hwang v Police [2019] NZCA 553.4 At [32]–[33].5 Hwang v Police [2021] NZCA 602 at [4].6 We record that Mr Hwang's submissions in reply have been considered.7 Lyon v R [2020] NZCA 430.