MARTIN v R CA425/2014 [2014] NZCA 582
The Court dismissed the application for leave to appeal for lack of jurisdiction because the proceedings commenced in April 2012 are governed by s144 of the Summary Proceedings Act 1957; the applicant had to obtain High Court leave before seeking leave or special leave from this Court.
Source-derived case information.
- Citation
- [2014] NZCA 582
- Parties
- Applicant: Peter James Martin; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 1 December 2014
- Procedural Posture
- Criminal Appeal (leave to Appeal) / Application for Leave to Appeal (on the Papers)
- Outcome
- Application for leave to appeal dismissed for lack of jurisdiction
- Legal Topics
- Leave to Appeal, Summary Proceedings Act S144, Criminal Procedure Act 2011, Special Leave
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter James Martin
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (leave to Appeal) / Application for Leave to Appeal (on the Papers)
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear the application for leave to appeal filed under the Criminal Procedure Act 2011
- 2 Whether proceedings commenced in the District Court in April 2012 are governed by the Summary Proceedings Act 1957 s144
- 3 Procedural pathway required for appealing District Court convictions commenced before CPA 2011
Ratio Decidendi
The Court dismissed the application for leave to appeal for lack of jurisdiction because the proceedings commenced in April 2012 are governed by s144 of the Summary Proceedings Act 1957; the applicant had to obtain High Court leave before seeking leave or special leave from this Court.
Court Disposition
Application for leave to appeal dismissed for lack of jurisdiction
Orders
- Application for leave to appeal dismissed
- Application to be dealt with on the papers
Full Case Text
Judgment text and source record
1 paragraphs
MARTIN v R CA425/2014 [2014] NZCA 582 [1 December 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA425/2014[2014] NZCA 582BETWEEN PETER JAMES MARTINApplicantAND THE QUEENRespondentCourt: French, Miller and Cooper JJCounsel: Applicant in personNo appearance for RespondentJudgment:(On the papers)1 December 2014 at 3.00 pmJUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] Mr Martin has filed an application for leave to appeal a decision of Peters J in the High Court.1 The High Court decision was itself an appeal against a conviction entered in the District Court for cultivating cannabis.2[2] The application for leave to appeal to this Court purports to be filed pursuant to pt 6 of the Criminal Procedure Act 2011.1 Martin v New Zealand Police [2013] NZHC 2376.2 New Zealand Police v Martin DC Hamilton CRI-2012-019-5834, 6 June 2013.[3] The proceedings against Mr Martin commenced in the District Court in April 2012. His proposed appeal is therefore governed not by the Criminal Procedure Act, but by s 144 of the Summary Proceedings Act 1957.[4] The effect of s 144 is that this Court has no jurisdiction to consider Mr Martin's application. The correct course of action is for Mr Martin to first seekleave from the High Court to appeal to this Court. If the High Court declines leave, then he may apply to this Court for special leave, but not otherwise.[5] Mr Martin was advised of the jurisdictional problem and given an opportunity to make submissions,3 but failed to do so.[6] This is an application for leave to appeal that should be dealt with on the papers and we so direct.4[7] We dismiss the application for leave to appeal on the grounds of lack of jurisdiction.Solicitors:Crown Law Office, Wellington for Respondent3 Martin v R CA425/2014, 21 November 2014 (Minute of French J).4 Crimes Act 1961, s 392A.