TERRY v NEW ZEALAND POLICE [2022] NZCA 198

TERRY v NEW ZEALAND POLICE [2022] NZCA 198 [19 May 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA658/2021[2022] NZCA 198BETWEEN ROBERT FRANK TERRYApplicantAND NEW ZEALAND POLICERespondentCourt: Cooper, Peters and Palmer JJCounsel: Appellant in personM L Wong and H S Cunningham for RespondentJudgment:(On the papers)19 May 2022 at 9 amJUDGMENT OF THE COURTThe application for leave to bring a second appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Palmer J)[1] On 9 July 2021, in the District Court at Blenheim, Judge J E Rielly convictedMr Robert Terry of two charges of driving while disqualified and one charge of wilfuldamage by using a rock to damage a police car.1 On 5 August 2021, the Judgesentenced Mr Terry to fines of $500, court costs of $390, reparations of $1,863.07, anddisqualified him from holding or obtaining a driver's licence for six months.21 Police v Terry [2021] NZDC 13487.2 Police v Terry [2021] NZDC 16962.On 22 October 2021, in the High Court, Edwards J dismissed Mr Terry's appealagainst conviction and sentence.3[2] Mr Terry applies for leave to bring a second appeal to this Court. Underss 237(2) and 253(3) of the Criminal Procedure Act 2011, the Court must not giveleave for a second appeal of the conviction or sentence unless satisfied that:(a) the appeal involves a matter of general or public importance; or(b) a miscarriage of justice may have occurred, or may occur unless theappeal is heard.[3] Mr Terry's submissions in support of his application contain a variety ofextraneous allegations about the Police and other authorities. His most substantiveargument is that, in relation to a previous conviction for speeding, the demerit pointsoccasioning his disqualification were suspended by law until his appeal against thatconviction could be determined. As his appeal was still on foot when he was arrestedfor the present driving while disqualified charges, he was not "disqualified" at the timeand so is not guilty of those charges.[4] Section 112(1)(b) of the Land Transport Act 1998 provides that demerit pointsderiving from an offence are cancelled if a person appeals their conviction for thatoffence. Section 112(1)(c) provides that "if on the determination of the appeal theconviction is upheld . . . demerit points must be recorded in relation to the offence".[5] On 30 June 2020, Mr Terry's appeal against his speeding conviction was heardand dismissed. Following the determination of that appeal, consistent with s 112,the demerit points were recorded. On 7 July 2020, Mr Terry's licence was suspended.On 6 August 2020, Mr Terry was arrested for driving while disqualified. On the sameday, the High Court received his application for leave for a second appeal against hisspeeding conviction. So his appeal had been determined and a second appeal was notyet in train. The second appeal was ultimately unsuccessful.4 As Edwards J said,3 Terry v Police [2021] NZHC 2838 [First appeal judgment].4 Terry v Police [2020] NZHC 3173."[l]eave operates as a gateway to appeal, but it is not the appeal itself."5 We aresatisfied that she, and the District Court Judge, did not err.[6] Neither the s 112 point, nor the other proposed grounds of appeal raised byMr Terry, are of general or public importance, given the factual context of this case.Nor do they suggest there was any miscarriage of justice. The same is true of thesentence, which was on the generous side. We dismiss the application.Solicitors:Crown Law Office, Wellington for Respondent5 First appeal judgment, above n 3, at [39].