ROBERT FRANK TERRY v NEW ZEALAND POLICE [2020] NZSC 105

ROBERT FRANK TERRY v NEW ZEALAND POLICE [2020] NZSC 105 [2 October 2020]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 65/2020[2020] NZSC 105BETWEEN ROBERT FRANK TERRYApplicantAND NEW ZEALAND POLICERespondentCourt: Glazebrook, O'Regan and Ellen France JJCounsel: Applicant in personC Ure for RespondentJudgment: 2 October 2020JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] Mr Terry was convicted and sentenced by Justices of the Peace to a fine of$1,500 for failing to stop when followed by a vehicle displaying flashing blue and redlights, under s 52A(1)(a)(ii) of the Land Transport Act 1998. His appeal againstconviction to the District Court was dismissed but his appeal against sentence wasallowed.1 Mr Terry then unsuccessfully applied for leave to appeal to the High Court.Grice J determined that there was no general or public importance on the appeal andno risk of a miscarriage of justice.2[2] Mr Terry then applied to the Court of Appeal for leave to appeal. The DeputyRegistrar declined to accept his application for leave on the basis that Mr Terry had1 Terry v New Zealand Police [2019] NZDC 4742.2 Terry v New Zealand Police [2019] NZHC 1131.exhausted his appeal rights under the Criminal Procedure Act 2011. Clifford Jdeclined Mr Terry's application for review of the Deputy Registrar's decision.3[3] Mr Terry now seeks leave to appeal against both the District Court decisionand the decision of Clifford J. In his application for leave to this Court, Mr Terrymakes a number of submissions, mainly about the facts of the offending. He alsosubmits that the Court of Appeal (and presumably the Deputy Registrar) erred bydetermining the matter on the papers.[4] Section 237 of the Criminal Procedure Act gives a convicted person the rightof a second appeal against conviction, with leave of the second court. In this case, pers 230(1)(a), the District Court was the first appeal court. The High Court, per s 238(a),was the second appeal court. Under s 242, every determination of a second appealunder that subpart by the High Court is final. There is therefore no jurisdiction for thisCourt to consider an appeal against the District Court decision or Clifford J's decision.[5] Accordingly, the application for leave to appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent3 Terry v New Zealand Police [2020] NZCA 185.