The Court of Appeal has dismissed Daniel Van Houten's appeal against a firearms conviction for want of jurisdiction. Photo / NZME
The Court of Appeal has dismissed Daniel Van Houten's appeal against a firearms conviction for want of jurisdiction. Photo / NZME
The Court of Appeal has dismissed an application by a Northlander to challenge his conviction on firearm charges more than a decade after he was sentenced.
Daniel Paul Van Houten was sentenced in the Whangārei District Court in March 2010 to 12 months' supervision after he pleaded guilty to chargesof obtaining by deception two semi-automatic rifles using a revoked firearms licence, and of unlawful possession of firearms.
About nine and a half years later, he unsuccessfully applied to the High Court for leave to appeal against those convictions then asked for leave to go to the Court of Appeal.
That application was also declined before he applied to the Court of Appeal for leave.
The Court of Appeal said the application was misconceived.
By law, leave can only be granted by the Court of Appeal if the question of law involved in the proposed appeal is one of general or public importance.
Since there had been no appeal to the High Court, the Court of Appeal judges said they did not have the jurisdiction to hear an appeal.
"In any event, Mr Van Houten's proposed appeal does not raise any question of law, let alone one which, by reason of its general or public importance or for any other reason, ought to be submitted to this court for decision."
