Bassett v The the Queen

[2022] NZCA 274

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA599/2016
 [2022] NZCA 274

BETWEEN	MIHI ISIBELLA BASSETT Applicant
AND	THE QUEEN Respondent

Court:	Collins and Dobson JJ
Counsel:	I A Jayanandan for Appellant  C A Brook for Respondent
Judgment: (On the papers)	27 June 2022 at 10.00 am

JUDGMENT OF THE COURT

The application to change the mode of hearing for the application for leave to withdraw notice of abandonment of the original appeal is allowed.  That application is to be set down for oral hearing.

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REASONS OF THE COURT

(Given by Dobson J)

1. The applicant, Ms Bassett, is serving a sentence of 10 years’ imprisonment for a variety of offending.  She was sentenced on 26 October 2016 and thereafter filed a timely appeal against her sentence.[1]  However she filed a notice abandoning that appeal in April 2017.

   [1]R v Bassett [2016] NZDC 21398.

2. In July 2021 Ms Bassett filed appeals against both her convictions and sentence.  She subsequently sought leave to withdraw her notice of abandonment of the original appeal against sentence.  Ms Bassett and the Crown initially agreed that the withdrawal application could be determined on the papers and the Court issued a minute to that effect following a telephone conference on 15 February 2022.

3. However, subsequent to Ms Bassett filing a waiver of privilege in respect of her instructions to trial counsel, Mr Dooney, he has completed an affidavit in respect of his instructions which has been filed on behalf of the Crown.  For her part, Ms Bassett has also filed an affidavit and each side now wishes to cross-examine the other on the content of those affidavits.

4. Ms Bassett has applied for an order changing the mode of hearing of her application for leave to withdraw the abandonment of her original appeal and the Crown consents to that.

5. It is appropriate to hear the proposed cross-examination, necessitating a hearing.

6. Accordingly, the present application is granted and we direct that the application for leave to withdraw the notice of abandonment of the original appeal be set down for oral hearing.

Solicitors:
Crown Law Office, Wellington for Respondent