FRANCE v NEW ZEALAND POLICE CA142/2015 [2015] NZCA 381
The extension of time was granted because the delay was minimal and the Crown did not oppose; leave to bring a second appeal was declined because the proposed appeal lacked merit, failed to raise issues of general or public importance, and allegations of bias had no evidential foundation.
Source-derived case information.
- Citation
- [2015] NZCA 381
- Parties
- Applicant: Malcolm Daniel France; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 August 2015
- Procedural Posture
- Criminal Appeal (leave Application) / Court of Appeal Decision on Leave Application (on the Papers)
- Outcome
- Extension of time granted; application for leave to bring a second appeal declined.
- Legal Topics
- Leave to Appeal, Extension of Time, Jurisdictional Challenge, Judicial Bias
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Malcolm Daniel France
Applicant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal (leave Application) / Court of Appeal Decision on Leave Application (on the Papers)
Legal Issues
- 1 Whether extension of time to file the application should be granted
- 2 Whether leave to bring a second appeal should be granted
- 3 Whether the courts have jurisdiction over the applicant given his contention he is not a legal person
Ratio Decidendi
The extension of time was granted because the delay was minimal and the Crown did not oppose; leave to bring a second appeal was declined because the proposed appeal lacked merit, failed to raise issues of general or public importance, and allegations of bias had no evidential foundation.
Court Disposition
Extension of time granted; application for leave to bring a second appeal declined.
Orders
- The extension of time in which to bring the application is granted.
- The application for leave to bring a second appeal is declined.
Full Case Text
Judgment text and source record
1 paragraphs
FRANCE v NEW ZEALAND POLICE CA142/2015 [2015] NZCA 381 [19 August 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA142/2015[2015] NZCA 381BETWEEN MALCOLM DANIEL FRANCEApplicantAND NEW ZEALAND POLICERespondentCourt: White, French and Cooper JJCounsel: Applicant in personJ E Mildenhall for RespondentJudgment:(On the papers)19 August 2015 at 10.30 amJUDGMENT OF THE COURTA The extension of time in which to bring the application is granted.B The application for leave to bring a second appeal is declined.____________________________________________________________________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 AucklandDistrict 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 Respondent1 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.