WIKI v NEW ZEALAND POLICE [2018] NZCA 631

WIKI v NEW ZEALAND POLICE [2018] NZCA 631 [21 December 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA547/2018[2018] NZCA 631BETWEEN VICTORIA WIKIApplicantAND NEW ZEALAND POLICERespondentCourt: Winkelmann, Ellis and Whata JJCounsel: Applicant in personJ A Herring for RespondentJudgment:(On the papers)21 December 2018 at 2 pmJUDGMENT OF THE COURTThe application for leave to appeal is declined.____________________________________________________________________REASONS OF THE COURT(Given by Whata J)[1] Ms Wiki pleaded guilty to one charge of wilful trespass and one charge ofassault on a police officer.1 She appealed both conviction and sentence tothe High Court. Gordon J dismissed that appeal.2 She now seeks leave to bring afurther appeal to this Court.3 Ms Wiki did not file submissions in support of her1 Police v Wiki [2018] NZDC 9729 [DC judgment].2 Wiki v Police [2018] NZHC 2156 [HC judgment].3 Criminal Procedure Act 2011, ss 237(2) and 253(3).application by Friday, 9 November 2018, as she was required to do.4 We neverthelessaddress her application.[2] Ms Wiki's notice of appeal identifies the following issues:(1) I am so disturbed, because I cannot hear;(2) I am so disturbed as a layperson how the High Court has thisinformation when I cannot get it with my support person whichhas been acknowledged by the High Court;(3) The law says we are supposed to be treated equally, but the lawis [biased]. My question to the law — who is equal.[3] The appeal notice also refers to the New Zealand Bill of Rights Act 1990 andthe Privacy Act 1993.Background[4] Ms Wiki pleaded guilty on 12 April 2018 to one charge of wilful trespass andone charge of assaulting a police officer. She had entered New World on Queen Streetwhere she had previously been trespassed and, while being processed after her arrest,spat on an officer's arm. She was sentenced by Judge Thomas to twelve months'supervision with special conditions, including that she undertake alcohol and drugcounselling as directed by community probation.5[5] In the High Court, Ms Wiki alleged abuse of power and process bythe New Zealand Police, and malice on the part of the New World staff member whosigned the initial trespass notice.6 She also asserted breaches of the Privacy Act andthe Trespass Act 1980, and referred to s 53 of the Crimes Act 1961, which providesfor the defence of moveable property with claim of right.7[6] Gordon J dismissed the conviction appeal because Ms Wiki had pleaded guiltyand accepted the facts on which the charges and convictions are based.8 As to4 Wiki v Police CA547/2018, 15 October 2018 at [3].5 DC judgment, above n 1, at [4].6 HC judgment, above n 2, at [8].7 At [9].8 At [10].sentence, the Judge reviewed Judge Thomas' sentencing notes. Gordon J found"no fault" with the approach taken by Judge Thomas.9[7] Ms Wiki then sought a transcript of the High Court hearing for the purpose ofseeking leave to appeal. This was declined by Gordon J.10 The Judge did so on thebasis that the prospects of the appeal succeeding were low.11 The Judge also notedthat although Ms Wiki had made it clear that she was hard of hearing, there had beenno oral submissions to which Ms Wiki was required to respond.12Leave to appeal[8] Ms Wiki must satisfy this Court that her second appeal gives rise to a matterof general or public importance, or a miscarriage may have occurred or will occur ifthe appeal is not heard.13[9] We do not consider Ms Wiki's appeal meets these threshold requirements.Her appeal notice alludes to her difficulties of hearing, privacy breaches and access tojustice issues, which might be said to raise matters of general and public importance.But, the appeal is so lacking in detail that the significance of these issues is unclear.Moreover, her conviction appeal has no prospect of success given her guilty plea.We are also satisfied that Ms Wiki has been given ample opportunity to be heard onsentence. The sentence imposed by the District Court and approved by the High Courtwas plainly available to the sentencing Judge. Finally, the refusal by Gordon J toproduce a transcript of the High Court hearing was not unlawful or unreasonable forthe reasons stated by the Judge.Result[10] The application for leave to appeal is declined.Solicitors:Crown Law Office, Wellington for Respondent9 At [15].10 Wiki v Police [2018] NZHC 2378.11 At [17].12 At [18].13 Criminal Procedure Act, ss 237(2) and 253(3).