R v Slater - [1997] 1 NZLR 211

Practice and procedure — Appeals to Court of Appeal — Special leave to appeal — Applicant convicted of careless driving — Judge finding that applicant had failed to keep a proper lookout — That issue not put to applicant — Whether solely a question of fact — Whether appeal lay under Summary Proceedings Act 1957 — Whether right analogous to right to appeal under Judicature Act 1908 — Summary Proceedings Act 1957, s 144 — Judicature Act 1908, s 67.

Practice and procedure — Appeals to Court of Appeal — Special leave to appeal — Applicant convicted of careless driving — Judge finding that applicant had failed to keep a proper lookout — That issue not put to applicant — Whether a question of law involved — Whether lack of question of law fatal to appeal — Whether residual discretion to grant leave if no question of law arises on the appeal — Summary Proceedings Act 1957, s 144.

Practice and procedure — Appeals to Court of Appeal — Special leave to appeal — Applicant convicted of careless driving — Judge finding that applicant had failed to keep a proper lookout — That issue not put to applicant — Whether applicant's right to fair trial prejudiced — Whether applicant's right to appeal to higher Court a single right of appeal to higher Court — Whether an appeal "according to law" if appeal did not lie under Summary Proceedings Act 1957 — New Zealand Bill of Rights Act 1990, s 25(a) and (h) — Summary Proceedings Act 1957, s 144.